argyrotsipi/train-dataset huggingface dataset:
Terrorist Offenders (Restriction of Early Release) Bill — House of Commons, 2020-02-12
Topic: Law and Crime
John Henry Hayes (Conservative, Centre-right): From his long experience of these things, my hon. Friend is making a cogent argument about the character of penalties. He might want to go further. The problem with the assumption about automatic early release is that it is injurious to the very principle that he set out. Early release has always been part of judicial considerations but on the basis of an assessment of risk, merit and worthiness. Automatic early release runs against those principles.
Terrorist Offenders (Restriction of Early Release) Bill — House of Commons, 2020-02-12
Topic: Law and Crime
Robert James MacGillivray Neill (Conservative, Centre-right): I understand that point and we can debate it in broader terms when the larger piece of sentencing legislation is introduced, as I understand it will be later in the Session. The purpose of this legislation is effectively to deal with that—as well as moving the release point from half-way to two thirds, the Bill automatically states that there must be consideration by the Parole Board. It is very important that the Parole Board has the resource and expertise to carry out the additional and heavy burden that it must take on. There have been good reforms of the Parole Board since the Worboys case, for example, and in the last Parliament the Justice Committee looked at this and urged changes to the way in which parole operated, which have been acted on. There is movement in the right direction but we must be ever vigilant in making sure that the Parole Board has the resource, which may include more specialist resource.
Terrorist Offenders (Restriction of Early Release) Bill — House of Commons, 2020-02-12
Topic: Law and Crime
Julian Murray Lewis (Conservative, Centre-right): I am very interested in my hon. Friend’s lucid speech and particularly in the fact that he says the sentence imposed by judges is meant to reflect the gravity of the crime. It does explain why so many victims feel short-changed when people are let out early. When we come to consider the larger question of sentencing, would it not make more sense to have judges impose sentences that people will actually serve and to extend them if people misbehave in jail, rather than reducing them if they behave?
Terrorist Offenders (Restriction of Early Release) Bill — House of Commons, 2020-02-12
Topic: Law and Crime
Robert James MacGillivray Neill (Conservative, Centre-right): My right hon. Friend makes an interesting point. We will want to look at a number of issues when we debate the sentencing Bill. However, I say by way of caution that when we start extending the sentence—the penalty—we run the risk of falling foul of the principle against retrospectivity. With respect, I say to him that that is not something I would wish to see. That is different from remission of the sentence for earned good behaviour, which is the traditional system that we grew up with. There is an important distinction to be drawn.
Terrorist Offenders (Restriction of Early Release) Bill — House of Commons, 2020-02-12
Topic: Law and Crime
Robert James MacGillivray Neill (Conservative, Centre-right): That is an interesting point, but, with respect to my right hon. Friend, it is a wholly different consideration. There has been much debate on this point. The Select Committee has looked at it and urged that for certain offences, such as assaults on prison officers, there is often a compelling case, as a matter of public policy, for that to be charged as an additional offence, rather than be dealt with under the prison disciplinary rules, as is frequently the case. I am with him on that, but perhaps that is as far as we should take it today I have one final point about retrospectivity. Some learned commentators have raised concerns on the basis of the European Court decision in the case of Del Río Prada, but that case at most raises a tangential or speculative concern that there might be retrospectivity. The briefing from the Bingham Centre for the Rule of Law—I have a lot of respect for that centre, so it is right that I address it—says that arguably this could be regarded as falling foul of the principles; it does not come down hard and fast in that regard. The decision came after a particularly convoluted history of changes within the Spanish judicial system, which is utterly different from what we are doing. Subsequently, there have been decisions by the Strasbourg Court, in the case of the application of Abedin against the United Kingdom, and by the Supreme Court in the UK, in the case of Doherty, where the line of reasoning was much more consistent with the traditional stance we have taken ever since the House of Lords decision in the case of Uttley, which was that the changes to remission and early release provisions were part of the administration or execution of a sentence, not part of the penalty. That seems such a well-established principle that we ought to have confidence that we can act upon it in this case.
Terrorist Offenders (Restriction of Early Release) Bill — House of Commons, 2020-02-12
Topic: Law and Crime
Chris Ian Brian Mynott Philp (Conservative, Centre-right): I wholeheartedly concur with my hon. Friend’s analysis, but I just wanted to add one point. The Del Río Prada case touched on how concurrent sentences were calculated, which is wholly different from the matter before the House today.
Terrorist Offenders (Restriction of Early Release) Bill — House of Commons, 2020-02-12
Topic: Law and Crime
Julian Murray Lewis (Conservative, Centre-right): Although I concur with what the hon. Gentleman has said, he will recognise that keeping even one of these people under close surveillance can involve up to 50 members of special branch or MI5. Therefore, even a handful of them will severely test the resources of the security services.
Terrorist Offenders (Restriction of Early Release) Bill — House of Commons, 2020-02-12
Topic: Law and Crime
Aaron Stuart Bell (Conservative, Centre-right): The point that the hon. Gentleman is making is absolutely correct, but there will be some who will not be deradicalised. In that circumstance, and when the time comes for their release, they are not mentally ill but they have a different view of the world. Might we not need to review the treason law, as was suggested at the weekend by my hon. Friend the Member for Tonbridge and Malling (Tom Tugendhat)?
Terrorist Offenders (Restriction of Early Release) Bill — House of Commons, 2020-02-12
Topic: Law and Crime
Joy Inboden Morrissey (Conservative, Centre-right): I agree with the hon. Gentleman about the separation units. We need to think about how we can increase the numbers. People who are already radicalised arrive in prison and then prey on vulnerable inmates to increase the level of radicalisation. It has been suggested that those who have already been convicted of terrorist crimes should be placed in separate units to prevent the spread of radicalisation. The hon. Gentleman has made a very good point.
Terrorist Offenders (Restriction of Early Release) Bill — House of Commons, 2020-02-12
Topic: Law and Crime
Alicia Alexandra Martha Kearns (Conservative, Centre-right): The MAPPA review provides exactly that opportunity. We need this emergency legislation to go through, but it is by reviewing the MAPPA process that we will see results. One of the most crucial changes that I would like to the MAPPA process is to include Prevent co-ordinators in MAPPA meetings, because Prevent co-ordinators can understand that someone newly released has come to their community and say, "That individual is still a threat for the following reasons. I can map this individual against the communities and groups that they might be a risk to." This emergency legislation is important because, for example, if we had had it in place, Anjem Choudary would still be in prison, but the crucial change will be to MAPPA so that Prevent co-ordinators can know where Anjem Choudary has gone and can therefore provide a relevant analysis of what he will do.
Terrorist Offenders (Restriction of Early Release) Bill — House of Commons, 2020-02-12
Topic: Law and Crime
William Nigel Paul Cash (Conservative, Centre-right): I follow the line taken by the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) on the cross-party consensus that is needed in passing this Bill However, as I have already indicated in a number of interventions, I am concerned about the restrictive and restricted nature of this Bill. We should get the Justice Committee to look at the longer-term issues raised by these incidents, murders and terrorist offences. I entirely understand why this Bill has been introduced, and I support it. I am glad the House, as a whole, has clearly indicated the same We have to take these problems seriously, as they are deeply entrenched in parts of our society, and they will continue. They will not change just because this emergency legislation has been passed. The Bill will have a limited effect, so we need a longer-term assessment of the real problems that underpin it. In response to the intervention by my right hon. Friend the Member for New Forest East (Dr Lewis), I mentioned the state of mind of some of the people concerned and the question of whether, in certain cases, it is evidence of some degree of insanity, of a drug-affected mind or of mental disturbance on such a scale as to impinge on the question of mens rea. We do not have time to go into all of it this afternoon, but I want such longer-term assessments because some of these people, from whatever part of society, have had to be confined to Broadmoor and other similar secure places because of their mental state. I put that on the record as a suggestion that needs to be taken up by the Justice Committee and, indeed, other Committees I also raised in an intervention that, for me, this Bill does not answer the question of why automatic early release, with the agreement of the Parole Board, should be moved from halfway to two thirds of a sentence. In circumstances where we are dealing with public safety and human life, I do not see why two thirds should be chosen as a boundary line. There are circumstances in very severe cases where I do not believe there should be any release at all, for the reasons I have already touched on in relation to certain people’s instability of mind.
Terrorist Offenders (Restriction of Early Release) Bill — House of Commons, 2020-02-12
Topic: Law and Crime
Alicia Alexandra Martha Kearns (Conservative, Centre-right): Does my hon. Friend agree that terrorists are traitors? They have declared this country their enemy, and they have declared he and I, and civilians, as legitimate targets to be murdered and assaulted on our streets. I therefore agree entirely that they should serve at least their full sentence. We should be looking at far longer sentences than just 14 years.
Terrorist Offenders (Restriction of Early Release) Bill — House of Commons, 2020-02-12
Topic: Law and Crime
William Nigel Paul Cash (Conservative, Centre-right): I do understand that, but I also anticipate that there may be a need for brevity at that point. That is how these things go, from my experience, which goes back some time. I am talking about matters of principle. I repeat: I am talking about matters of principle As established by Willes J in Phillips v. Eyre, courts ascribe retrospective force to new laws that affect rights only if "by express words or necessary implication that such was the intention of the legislature" Clause 1 will amend the Criminal Justice Act 2003 and expressly restrict eligibility for the release of prisoners who have been sentenced for a terrorist offence "whether before or after this section comes into force". My conclusion on this point is simple: the courts would be expected to give retrospective effect to the Bill The principle I wish to address is that I am concerned that the courts have a disinclination and reluctance to give effect to retrospective legislation, particularly when it deals with criminal acts. That is well established, and I could quote Bradley and Ewing, page 56, which explains that. Although I do not think that article 7 applies to the Bill, to ensure that the courts do not find a way around the Bill or a misguided interpretation that would frustrate its real purpose, I shall move my amendment in Committee, for the purposes of legislative clarity and for the avoidance of doubt in relation to the power of Parliament to legislate retrospectively. That is the principle that I am addressing at this moment I have no further comment to make for the purposes of this debate, but this matter has to be taken seriously. The wording that I intend to introduce in Committee will be taken as a serious attempt to make sure that no way around the provisions is found by the courts or by some ingenious lawyers, who would avoid and frustrate the purposes and principle of the Bill, as expressed on Second Reading, which we are debating.
Terrorist Offenders (Restriction of Early Release) Bill — House of Commons, 2020-02-12
Topic: Law and Crime
Paul John Holmes (Conservative, Centre-right): I will speak briefly about why I welcome the Bill and why I believe it is necessary to tackle the issues on which many hon. Members have made very good speeches this afternoon. May I first congratulate the Prime Minister, the Lord Chancellor and Ministers from the Department on the constructive and decisive action that they have taken? I pay particular tribute to the Labour party and the shadow Solicitor General for supporting this measure, which I think shows the importance of the subject As the Lord Chancellor said, the first duty of any Government is to keep their people safe, and this Bill goes some way to increasing the likelihood that that will happen. It increases the likelihood of ending the uncertainty for victims, their families and those who have been affected by these atrocities, and it will go some way to restoring the confidence of my constituents and people across the country in the sentencing guidelines for people who commit these most hideous crimes I want briefly to talk about how terrorism affects everybody, directly or indirectly. There are two occasions in particular that stick in my mind. The first was 7/7. I was 15 years old at the time and—I hope hon. Members do not tell me off—I chose that day not to go into school. I remember the breaking news coming through on the television. My father was working in London at that time. In fact, my family were all working in London; I am a Londoner. I remember trying to make some phone calls to see whether they were okay. For some reason, I got a crossed line and got through to a lady when I called my father’s phone. This woman was trying to find out where her daughter was because she was using the tube that morning. She was terrified, fearful and concerned about where her daughter was. We spoke for just two minutes, but I tried to reassure her and she reassured me The other occasion was the Westminster Bridge attack, which happened while I was a special adviser to Sir Patrick McLoughlin. I was walking up Whitehall when the shots were fired, and was locked down in the Cabinet Office. Sir Patrick was locked down in here. Members of my family were desperately trying to find out whether I was okay, and I was trying to find out whether friends in this House and around the Chamber were okay. I mention both those occasions to show that we are all affected by terrorism Terrorism spreads fear, harms lives and, most importantly, costs lives. But this Bill goes some way to giving some reassurance to the victims, families and people who are affected by terrorism that those who commit these crimes will go to prison and stay there. Sadly, we cannot say with certainty that attacks such as the ones I have mentioned will not happen again. We all know that; I am afraid that it is the nature of the beast.
Terrorist Offenders (Restriction of Early Release) Bill — House of Commons, 2020-02-12
Topic: Law and Crime
Christopher Mark Clarkson (Conservative, Centre-right): My hon. Friend spoke extremely eloquently about his own experiences in London. Greater Manchester has certainly experienced its fair share of terrorism, including the 1996 bombing and the atrocity at Manchester Arena just three years ago. Does he agree that the terror does not just stop with the initial act, and that by restricting early release we are at least giving the family some comfort, some measure of protection from the damaging effects of the attacks and a chance to heal?
Terrorist Offenders (Restriction of Early Release) Bill — House of Commons, 2020-02-12
Topic: Law and Crime
Julian Murray Lewis (Conservative, Centre-right): Can we think about specifics? The last two attacks were very different. As I said in an earlier intervention, the second of the two attacks was by someone who was clearly mentally deranged. The earlier attack was by someone who appeared to have taken all the deradicalisation on board and to be a model prisoner. We have to recognise that we are dealing with a kaleidoscope of personalities, not necessarily people who have been fooled by something and who can reasonably be brought out of that situation.
Terrorist Offenders (Restriction of Early Release) Bill — House of Commons, 2020-02-12
Topic: Law and Crime
Imran Nasir Ahmad Khan (Conservative, Centre-right): Does the hon. Lady recognise that, although policy should be based on evidence and research, that is not necessarily a good thing in the context of terrorism, where we have an evolving set of threats? With evidence-based research, it can be four years before we formulate and implement policy, by which time the threat has invariably moved on. We therefore need to employ a broader range of measures, including the use of specialists in interrogation of those who deceive, to bolster the ability of the Parole Board, and training material for prison officers and those involved in deradicalisation. Speed is required in order to adapt, so I support the Government’s position, because an evidence-based approach is not appropriate in this context.
Terrorist Offenders (Restriction of Early Release) Bill — House of Commons, 2020-02-12
Topic: Law and Crime
Jonathan Edward Gullis (Conservative, Centre-right): We in this place exercise our duty to protect the people we represent, amend the law where appropriate and ensure the highest standard of living and safety for everyone in this country. I wholeheartedly welcome the Bill, which will implement more stringent, preventive measures, ending the automatic half-way release. Increasing the threshold so that two thirds of a sentence is served, as a minimum, provides more justice for victims and helps to protect wider society. I also hugely welcome the fact that the Lord Chancellor outlined the role that the Parole Board will further play in such decisions A big part of tackling radicalisation and decreasing the frequency and severity of crimes of this nature must be community-led. We need to empower people to report suspicious activity, however great or small the suspicions may seem, and for those reports to be received with the utmost seriousness and investigated thoroughly. The attack on Westminster bridge, in particular, hit close to home The terrorist who stole two bright lives on London bridge in November was raised in my constituency. I will not name him and hope that his name is forgotten alongside his hatred. This individual deserves no recognition. I have spoken to faith leaders in my community and they have unequivocally condemned this individual’s actions. As a former religious education teacher, I know that such viciousness and violence is born through extremism, not through religion. Islam is a peaceful religion and the actions of this man in no way reflect on the many millions of loving, law-abiding citizens who also worship Islam. We cannot and must not be lenient with those who attack the core values of this nation and all that it stands for. One of the victims of the attack in November last year was Saskia Jones. She was from Stratford-upon-Avon, my childhood home. I did not have the pleasure of knowing her but we were raised in the same community. The impact of her death and the grief felt by such a small, close-knit community is virtually unimaginable. My deepest condolences go to Jack and Saskia’s loved ones, and those who were harmed in Streatham The best way to honour the memories of all those who have lost their lives as a result of extremist violence is two-pronged: first, we must implement protections on the ground through measures such as this Bill; and, secondly, we must focus on institutional protections to ensure that the time that offenders of this nature spend in prison is used to rehabilitate and reform in a meaningful way, so that prison sentences stop serving solely as a delay of the inevitable.
Terrorist Offenders (Restriction of Early Release) Bill — House of Commons, 2020-02-12
Topic: Law and Crime
James Barry Daly (Conservative, Centre-right): I support the Bill because from my perspective it is a matter of complete common sense. When I was a criminal lawyer and I stood up and mitigated on behalf of defendants, they would get credit for the guilty plea, for showing remorse and for various other factors. It is complete anathema that if somebody gets a 16-year sentence, they serve eight. I have been able to see no evidence to show that having a prolonged period under the supervision of the probation service makes any substantive difference to rehabilitation. My constituents would expect somebody who receives a lengthy custodial sentence to serve that time, or as close as possible to that time. If any Member can give me an argument against that, I would be very interested to hear it The Bill is sensible, practical, reasonable and proportionate and it must come into law now. We here, if we have no other duty, must protect members of the public. This must come into law so that no further terrorists are released. How can we as a House possibly continue with the position whereby terrorists are released automatically 50% of the way through their sentences? It is preposterous. Anybody watching this debate would see how preposterous it is, so I warmly welcome the Bill I will make two other, brief points. A lot of Members say, with the best of intentions, let us support de-radicalisation work. I have not heard one practical suggestion as to how that is going to work. We use words all the time to describe what we want to happen, but putting it into practice on the ground is totally different.
Terrorist Offenders (Restriction of Early Release) Bill — House of Commons, 2020-02-12
Topic: Law and Crime
Alicia Alexandra Martha Kearns (Conservative, Centre-right): Does my hon. Friend believe that terrorists can never truly be de-radicalised? Having worked in counter-terrorism, I believe that the attributes that make someone vulnerable to extremism and radicalisation never go away; those attributes always remain and that person is always vulnerable, in some way, to some form of extremism or radicalisation, or to membership of groups that would seek to benefit from those attributes.