argyrotsipi/train-dataset huggingface dataset:
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-10
Topic: Law and Crime
Jonathan Marks (Liberal Democrats, Centre to centre-left): The only reason I make that point is that there was a misunderstanding—not inherent in the noble Viscount’s speech, but that might have arisen from his speech—where he talked of sexual assault as being a very varied offence; of course it is, but here it is combined with abduction and murder I think the starting point argument made by the noble and learned Lord is valid because the starting point applies on the statute if the court considers that the seriousness of the offence, or a combination of the offence and one or more offences associated with it, is exceptionally high. It is only a starting point: it does not mean that judicial discretion is removed or even significantly fettered if particular circumstances applied to make that an inappropriate or unjust sentence. I see no reason why that should not be added to the list, which we already have, of heinous offences for which a whole-life order is a starting point. But I fully agree with the noble and learned Lord that we need to keep whole-life orders to a very restricted class of cases because they are sentences without hope Finally, the noble Baroness, Lady Massey, and the right reverend Prelate the Bishop of Derby—whose position was eloquently expressed by the right reverend Prelate the Bishop of Durham in the earlier group—oppose Clause 103 because new Section 321(3B) of the code would permit whole-life orders for those aged 18 to 20. We agree, for all the reasons they gave, and the reason that the noble and learned Lord, Lord Falconer, gave, that that is inappropriate. Whole-life orders should not be imposed in such cases.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-01
Topic: Social Welfare
Judith Anne Jolly (Liberal Democrats, Centre to centre-left): My Lords, for two minutes, I want to throw a pebble into what seems like calm water. I totally support everything that the right reverend Prelate the Bishop of Gloucester has said. However, we need to ask ourselves: what is a child? If somebody talks to me socially and says, "Do you have any children?", I say, "Yes, I have two." They are grown-up men who flew the nest a long time ago However, adults with a learning disability are sometimes cared for by their parents, if they have chosen that the child should not go into care. Their family unit is mum and dad, who are in their 70s or 80s, and somebody with a learning difficulty who might be in their 50s. That is not what we think of as a nuclear family, but we still have to care for the child of those elderly parents, and when one parent dies there are all sorts of problems. Mencap has done a lot of work on this and I have worked with it on it. We really need to be careful about how we legislate for adults who have the mental capacity of a child.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-01
Topic: Law and Crime
Brian Paddick (Liberal Democrats, Centre to centre-left): My Lords, I thank my noble friend Lady Harris of Richmond for her support and for so clearly and powerfully explaining her Amendment 110A. Arresting somebody for breaching pre-charge bail where the only thing the police can do if somebody has breached the conditions is simply to re-bail them under the same conditions undermines the whole purpose of police bail—there is no sanction at all. The Minister said, "Well, the person has not been convicted of an offence and they could end up being convicted of breaching the bail but not of the original offence." I may have been dreaming, but I seem to remember being at Highbury Corner Magistrates’ Court, albeit the stipendiary magistrate concerned was known colloquially as "Shotgun Maclean", and his saying to an arresting officer that, unfortunately, in a not-guilty offensive weapon trial, the officer had failed to prove beyond reasonable doubt that the defendant was guilty of possessing an offensive weapon, but for breaching court bail—in that when they first appeared in court the person was released on court bail to reappear for the not guilty hearing—he would go to prison for three months There is the whole argument about this being disproportionate for somebody who is not convicted of a criminal offence if they were convicted of breaching bail, but it happens already when people who are innocent breach court bail. This seems to completely undermine the noble Lord’s argument. The point of Kay’s law is to stop dangerous people being released under investigation with no conditions attached. Without a sanction for breaching the conditions that are imposed, the conditions have no weight I am very grateful to the noble Lord, Lord Ponsonby of Shulbrede. Regarding the sort of cases he referred to, I would expect—particularly if analysis of computers was involved, for example—that these would not be standard cases and that the Crown Prosecution Service would designate them as such, so the six-month or nine-month limit would not apply. I am not sure that the cases he referred to were relevant to the examples I gave I accept that the Government have consulted on this, but I would go back to the Law Society, which is on the other side of the argument—including as it does defence solicitors—and feels that nine months in a standard, straightforward case not involving such things as computer analysis would be a long enough extension for a senior officer. However, we will reflect on what the Minister has said and, in the meantime, I beg leave to withdraw my amendment.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-01
Topic: Law and Crime
Angela Harris (Liberal Democrats, Centre to centre-left): My Lords, I am immensely grateful to my noble friend Lord Paddick, who has absolutely perfectly put my case again, and to the Police Superintendents’ Association. I will reflect on what the Minister has said but I am really disappointed because we have been here before. However, the Home Office is going to get more data, which is a very good thing. I will put this to the Police Superintendents’ Association to see what it has to say, because it has been banging on about this for a very long time. In the meantime, I am not moving my amendment.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-01
Topic: Law and Crime
Alan Beith (Liberal Democrats, Centre to centre-left): My Lords, in moving Amendment 111 I will speak to the related Amendment 112. Here, we are being asked to amend the Sexual Offences Act 2003 to import some definitions into it. This presents some problems, to my way of thinking. We are dealing with "Positions of trust" and people who abuse those positions, using them to abuse, exploit or manipulate young people to consent to sex. The clauses before us in this Bill refer to someone who "coaches, teaches, trains, supervises … on a regular basis, in a sport or a religion" That immediately prompts the question: why are other activities involving coaching or training on a close one-to-one basis not listed in the way that sport and religion are?
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-01
Topic: Law and Crime
Brian Paddick (Liberal Democrats, Centre to centre-left): My Lords, in moving Amendment 113 in my name I shall speak also to the other amendments in this group. I declare an interest as a Liberal Democrat and someone generally against sentence inflation, but I have specific points to make on this clause Clause 46 effectively increases the maximum penalty for "destroying or damaging" anything by fire, or for any offence involving damage to a memorial, which means something "erected or installed", or "a garden or any other thing planted or grown which has a commemorative purpose", whether it is the statue of a national hero or a slave trader, a person’s grave or a pet cemetery. The clause does this by removing the financial limit on when the case can be tried at, or sent to, the Crown Court for sentence. Magistrates’ courts cannot send someone to prison, I believe, for more than a maximum of 12 months, but a Crown Court judge can send someone to prison for criminal damage where there is no threat to life for a maximum of 10 years To put this into context, Clause 2 of this Bill, as drafted, increases the maximum penalty for assaulting an emergency worker from one year to two years, while this part of the Bill increases the penalty for damaging a memorial from one year to 10 years. It is clear where the Government’s priorities lie; it is more important to protect a statue of Churchill than it is to protect our brave men and women police officers It gets worse. New subsection (11B) of Section 22 of the Magistrates’ Courts Act 1980, inserted by Clause 46, includes "any moveable thing (such as a bunch of flowers)" left in or on a memorial, as part of the memorial—so, a maximum penalty of 10 years in prison for damaging a bunch of flowers. Pick up a bunch of flowers placed at the feet of Churchill’s statue and hit a police officer round the face with it, and you can get up to 10 years in prison for damaging the flowers but only two years for assaulting the police officer. Amendment 113 is designed to probe the proportionality of subsection (11B). Amendment 114 is consequential In fact, bearing in mind that the limit for a summary-only trial—at least in the original Bill, and I cannot find any amendment to it—is £200-worth of damage, to replace, repair or restore the property damaged, it is unlikely that anything other than minor superficial damage would be below this value. There may well be a case to treat graves as a special case, where it can be deeply distressing if the burial plot is disturbed, but, aside from that, I am yet to be convinced that Clause 46 should stand part of the Bill, at least in its current form There is far more merit in protecting the living, as Amendment 115 proposes to do, than in protecting the memorials of the dead. Damaging life-saving equipment is a very serious matter, and there is far more merit in this amendment than in Clause 46.
Competition Act 1998 (Coronavirus) (Public Policy Exclusions) (Revocations) Order 2021 — House of Lords, 2021-11-01
Topic: Transportation
Jennifer Elizabeth Randerson (Liberal Democrats, Centre to centre-left): My Lords, I start by thanking the noble Lord, Lord Berkeley, for tabling this Motion to Regret. I agree with almost everything he said. Of course, there are contrasting models in operation for ferry services around the UK, from market-based models to very much more subsidised models. Those complaining about the Solent services often look to other services for comparison, but the problem is that no two islands are really the same. People are searching for a model which provides the guarantee of service that the isolation of many UK islands requires but also an incentive for efficiency To look at a comparison of the islands, let us take Lewis off the west coast of Scotland as an example. Lewis is 130 miles off the mainland. It is about 350 miles from Edinburgh and about 600 miles from London. In contrast, the Isle of Wight is only 14 miles from Portsmouth and there is a ferry service which takes only 45 minutes. There is no regular air service, but there does not need to be one because of the short distances. The Isles of Scilly, whose service I know relatively well, are 35 miles off the coast. There is a sea crossing which is only for those with strong nerves and a strong stomach. It takes nearly three hours on what is a very elderly boat. I was therefore delighted to hear that there is funding to help deal with this situation. In reality, people go backwards and forwards to the Isle of Wight on a daily basis as commuters. You are not a daily commuter on a regular basis on the "Scillonian", but of course people do go back and forth in a day to take up medical appointments. The vast majority of medical services are provided on the mainland We need a nuanced approach. Even in good times, islanders in general across the UK complain about their connectivity. There is, and rightly so, an emphasis on the importance of lifeline services. The SI to which this Motion to Regret relates suspended some elements of the Competition Act in relation to the Solent ferry services. There are three companies involved—one hovercraft service and two ferry services—so there is an element of competition. However, of course, during the pandemic they were apparently down to 10% of the normal passenger numbers and obviously it was not commercially viable. Yet it was obvious that essential services had to continue—freight as well as lifeline services—in terms of life-saving services.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-01
Topic: Law and Crime
Brian Paddick (Liberal Democrats, Centre to centre-left): My Lords, I rise to move Amendment 116 and speak to my Amendments 117 to 121 inclusive in this group Clause 48 gives the police the power to compel people to have their photograph taken at a police station without their consent. It includes someone arrested for a recordable offence and released without being charged or otherwise being prosecuted for an offence, if they have not previously been photographed, the previous photograph is unavailable or inadequate, or a constable thinks that another photograph might be useful to assist in the prevention or detection of crime We have had concerns for some time about those not convicted of a criminal offence having their photographs retained by the police, but forcing a person to attend a police station and taking their photograph without their consent in such circumstances seems draconian. However, the clause goes further. It includes anyone who has been convicted abroad of an offence which would have been an offence if committed in England or Wales, if the police do not already have a useable photograph of the person so convicted or if a police officer thinks that it might be useful to have another one Aside from how the police would know about such a conviction, particularly since the UK has lost access to EU databases that record all convictions in EU countries, some countries are notorious for having legal systems that fall far short of what would be considered acceptable in the UK. Surely, at least in relation to overseas convictions, there should be some judicial safeguard to ensure that such a conviction is safe, rather than a constable being able to force someone to be photographed in such circumstances. My probing Amendment 117 removes the conditions associated with an overseas conviction, and the other amendments are consequential. I beg to move.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-01
Topic: Law and Crime
Brian Paddick (Liberal Democrats, Centre to centre-left): I thank the noble Lord, Lord Coaker, for his support. I have to say to the Minister that I am really none the wiser about the questions I asked. There is a catalogue of cases where people are convicted overseas and where it turns out that the convictions are unsafe and unsatisfactory because of the inadequate legal systems that operate abroad. Yet this is a blanket power for the police to summon and photograph anybody on the basis of an overseas conviction. The noble Lord has not addressed how there could be any safeguard against such an unsafe and unsatisfactory conviction overseas. The Minister talked about where the police have been notified of an overseas conviction, but I do not understand what the mechanism is by which the police would be notified. So my questions remain unanswered by what the Minister said and I hope that, between now and Report, the Government will be able to answer them, otherwise we will be having another debate on Report. At this stage, I beg leave to withdraw my amendment.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-01
Topic: Law and Crime
Brian Paddick (Liberal Democrats, Centre to centre-left): My Lords, I rise to move Amendment 123A in my name. I apologise to the Committee. If I had had my wits about me, I would have grouped it with the previous police bail amendments. I am grateful to Transform Justice for bringing this issue to my attention and for its help and support in drafting this amendment The Government continue to place tighter restrictions on when courts can remand children in custody. Those are much stronger than the restrictions currently placed on the police when they decide whether to remand a child in custody to court. Court criteria, most of which do not apply to the police, include that: the child must be between 12 and 17 years of age and be legally represented, other than in exceptional circumstances; they must have been charged with a violent or sexual offence or have been charged with an offence where an adult would have received a custodial sentence of 14 or more years; or they have a recent history of absconding while remanded; or they have a history of committing imprisonable offences while on bail; and there is a real prospect of a custodial sentence for the offence in question. In addition, remand in custody must be necessary to protect the public from death or personal injury or to prevent the child from committing further imprisonable offences The police remand many more children in custody than the courts. In 2019, the year with the most recent data available, over 4,500 children were remanded in police custody compared with 884 children remanded in custody by the courts. Some 60% of children remanded in custody by the police had been charged with non-violent offences and only 12% of those remanded in custody by the police went on to be remanded in custody by the courts. Two-thirds of children remanded in custody by the police do not receive a custodial sentence In Clause 132, the Bill suggests further strengthening the restrictions on courts remanding children in custody, including that the history of breaching bail or offending on bail must be "significant", "relevant" and "recent". If detention is being considered for the child’s own safety, this would be possible only if the risk cannot be safely managed in the community. It would have to be "very likely" that the child would receive a custodial sentence rather than a "real prospect". Courts would also be under a statutory duty to record their reasons for imposing custodial remand, including a statement that they have considered the welfare of the child in their decision and that they have considered alternatives The Bill as drafted does nothing to tighten the restrictions on the police remanding children in custody, or even to bring them into line with existing court restrictions. Amendment 123A intends to bring the Police and Criminal Evidence Act criteria for police remand of children into closer alignment with the court remand criteria. I beg to move.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-01
Topic: Law and Crime
Brian Paddick (Liberal Democrats, Centre to centre-left): My Lords, I thank the noble Lord, Lord Ponsonby of Shulbrede, for his support I am afraid that there is a bit of a pattern developing here in the Government’s responses. On the one hand, the Minister said there is "a degree of alignment" between police remand in custody of children and court remand in custody. Some 4,500 children being remanded by the police and only 884 by the courts does not sound to me like alignment The Minister also said a child would never be remanded in police custody for more than 24 hours. Do courts sit on a Sunday? What happens to a child arrested on a Saturday afternoon? They are going to be in custody a lot longer than 24 hours Unfortunately, as I say, it is becoming a bit of a theme that the Government’s responses to amendments do not appear to be factually accurate. We need to review that. I am afraid I do not find the Minister’s response satisfactory, and no doubt we will return to this on Report. In the meantime, I beg leave to withdraw the amendment.
Social Security (Up-rating of Benefits) Bill — House of Lords, 2021-11-02
Topic: Macroeconomics
Barbara Janke (Liberal Democrats, Centre to centre-left): My Lords, I again thank the noble Baroness, Lady Altmann, for all her work on this issue and the comprehensive briefing that she produced—it must have taken her a very long time, but it was extremely interesting. The issue of the uplift is cogently challenged by her presentation. I know that support for the triple lock has been from all parties in this House, but we are told that it must be suspended for another year in view of the anomalous rise in average weekly earnings, as presented by the Secretary of State in the other place. As the noble Baroness said, there was little scrutiny there. Not only that, but since the Bill went through the other place, lots of developments have occurred, such as a massive increase in energy prices, pressures on supply chains and inflation predictions, which together seem a strong reason for reconsideration of the decision taken. Having signed the amendment, I too will support it today and hope that it succeeds for that reason.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-24
Topic: Law and Crime
Brian Paddick (Liberal Democrats, Centre to centre-left): Can the Minister then confirm, if the Government accept that it is unreasonable to force through these new amendments—these eighteen and a half pages of new offences and police powers— and that therefore they are going to withdraw those amendments, they also undertake to have the accepted gap between Committee and Report, which is 14 days, rather than the shortened period that has appeared in Forthcoming Business?
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-24
Topic: Law and Crime
Brian Paddick (Liberal Democrats, Centre to centre-left): My Lords, my noble friend Lady Thornhill has spoken comprehensively on these amendments, so I can be brief. I thank the noble Baroness, Lady Blake of Leeds, for introducing the amendment. She rightly points to the failure of the current legislation to adequately deal with this problem on the basis of the facts that she presented. Something clearly needs to be done to ensure that the police play their part. If South Yorkshire Police can do it, why cannot every force? We support this amendment I also thank the noble Lord, Lord Hunt of Kings Heath, for his Amendment 292J. Noble Lords may have seen the ITV "News at Ten" last night on how young people are increasingly being exploited, particularly by drug dealers. That is in addition to a 6% increase in reported domestic violence during lockdown, when many more children would have become vulnerable. There is too much emphasis on the criminal justice system as a way to deal with these vulnerable young people, rather than there being a statutory duty on local authorities, the NHS and the police, as this amendment suggests. We support it The noble Lord, Lord Best, introduced Amendments 320 and 328. I remember being told as a young constable about the antiquated legislation—the Vagrancy Act 1824—introduced to deal with soldiers returning from the Napoleonic wars. That was in 1976—not the Napoleonic wars, when I was a young constable; they were a bit earlier. People should not be criminalised simply for begging and sleeping rough. There is adequate alternative legislation to deal with anti-social behaviour and the Vagrancy Act is now redundant. As the explanatory note says, these amendments would require police officers "to balance protection of the community with sensitivity to the problems that cause people to engage in begging or sleeping rough and ensure that general public order enforcement powers should not in general be used in relation to people sleeping rough, and should be used in relation to people begging only where no other approach is reasonably available." On that basis, we support these amendments as well.