Police, Crime, Sentencing and Courts Bill — House of Lords, 2022-01-12
Topic: Law and Crime
David Wolfson (Conservative, Centre-right): My Lords, I am pleased that the noble Baroness, Lady Meacher, is able to be with us this afternoon—and in good health, I hope—having been unavoidably detained during the debate in Committee. It is good to have been able to hear from her directly on an issue that is of evident interest to a number of Members of your Lordships’ House. I have listened carefully to the points made by everyone, including the noble Baroness, Lady Jones of Moulsecoomb, the noble Lords, Lord Ramsbotham and Lord Laming, the noble and right reverend Lord, Lord Sentamu, my Front Bench colleagues and others to whom I will come I hear and feel the mood of the House and the noble Lords who spoke in support of the amendment. I also heard my noble friends Lord Cormack and Lord Hodgson of Astley Abbotts ask for some favourable and encouraging comments from me. The truth is that I do not really need any persuading on the importance and use of restorative justice. I agree that, in the right circumstances, it can certainly have far-reaching benefits Indeed, since we discussed this in Committee, I have spoken at the Council of Europe Justice Ministers meeting, which was specifically about restorative justice. On the upside, the meeting was held in Venice; on the downside, I had to appear virtually. Despite that, I was pleased to welcome the declaration on restorative justice made by that meeting. I talked about our history in the UK of exploring and embedding the appropriate use of restorative justice across the criminal justice system. The Venice declaration calls for the sharing of knowledge, best practice and scientific research on restorative justice. We are committed to playing our full part in this Turning to the amendment, it seems to be intended to address a concern that the Bill does not include provision for restorative justice by requiring the Secretary of State to publish an action plan every five years. As I explained in Committee, restorative justice is not just communication between victim and perpetrator. We consider that the concept of restorative justice extends to other parts of the Bill in the sense that we now have a new system for out-of-court disposals because the conditions attached to those disposals again provide an opportunity for intervention and support for offenders and appropriate input from the victim of the crime The new statutory two-tier framework replaces the current adult out-of-court disposal options. There must be conditions attached to both of the new proposed cautions, fulfilling one of three objectives: rehabilitation, reparation or punishment. These provide an opportunity for intervention and support for offenders. A restorative justice referral could also be an appropriate condition of a caution where the victim and offender agree to this I agree with my noble friend Lord Cormack that we should divert people from prison where we can; indeed, that is part of the Sentencing Code. I also agree with the noble Lord, Lord Paddick, that prison and restorative justice are not necessarily—I emphasise "necessarily"—alternatives. I remind the noble Baroness, Lady Meacher, that, so far as the sentencing White Paper is concerned, the Bill provides for the greater use of deferred sentencing; this also provides opportunities for restorative justice in the deferred sentencing process Over and above that, we are concerned that victims know about restorative justice. Under the victims’ code, they now have the right to be provided with information about restorative justice and how to access restorative justice services in their local area. We continue to provide funding to PCCs to provide support services for victims of crime, which include restorative justice as well On 9 December, we launched a consultation, "Delivering Justice for Victims", the first step towards what we hope will be a landmark victims’ law—a Bill which will build on the foundations of the victims’ code to substantially improve the victim’s experience of the criminal justice system. We propose to place the key principles of the code in primary legislation and are considering the roles and duties of PCCs in relation to victims. However, to repeat a point that I made in Committee—I think that it was also the point that the noble Lord, Lord Ponsonby of Shulbrede, was reaching for—restorative justice is not always appropriate. For some more serious types of offending, it may not be appropriate. The welfare of the victim must always be paramount. I am thinking of some sexual violence and rape cases. We should not have an exhaustive list—even for those cases it is a case-by-case basis—but there will be cases where restorative justice would be unfair on the victim. The victim must always consent but should never feel forced into a process that they are not 100% comfortable with The probation service is also working on a new framework for restorative justice, to ensure a more consistent approach, focusing on the people for whom it will make the biggest difference. Having said that, the broad policy aim is that all victims can, if they wish, take part in restorative justice at a time that is right for them. Again, restorative justice does not have to be immediately at the sentencing date. It could be months or even years in the future. It is not a one-time-only option It remains the case that we are working very hard in this area. We share the aims and ambitions of the noble Baroness. The evidence base for restorative justice exists. Services are available. Victims should and will be made aware more clearly of their availability. However, requiring rolling action plans will simply create an unnecessary and overly bureaucratic burden. It will cost a lot more without any concrete benefit I support restorative justice in principle. I hope that is crystal clear. I cannot promise my noble friend Lord Hodgson of Astley Abbotts that we will see restorative justice, or any other form of justice tempered with mercy, from the Australian cricket team, but that lies well outside my capabilities. So far as the amendment is concerned, with a strong endorsement of the principles of restorative justice, I invite the noble Baroness to withdraw it.