MINISTRY OF JUSTICE — House of Commons, 2018-07-02
Topic: Law and Crime
Gareth Alan Johnson (Conservative, Centre-right): As a 48-year-old, I instinctively have sympathy with the point my hon. Friend makes. While the prosecution must be represented, it is absolutely essential that the defence has representation as well. That is in the interests of justice It is fair to say that this country, compared with the rest of the world, spends a favourable amount of money on legal aid. I concede that it is always difficult to compare the justice system with others internationally—it is not always an easy comparison to make—but if we look at the overall amount that this country puts into legal aid, we can be reasonably proud of it. However, I concede that there are huge frustrations among some of my former colleagues in the criminal justice system about being unable to represent their clients and pursue matters in the interests of justice in the way they were perhaps once able to do My hon. Friend is quite right that I spent some 20 years in the criminal justice system as a duty solicitor. I do not have the experience of the hon. Member for Wrexham (Ian C. Lucas) of going into the cells in his area. However, I had the experience of trying to administer justice on the frontline, which is undoubtedly what happens for duty solicitors and solicitors who work in the criminal justice system. What I learned during that time is that crime is a very complicated thing. I do not believe that there is a simple solution to any of the problems we face with crime in this country. We cannot tackle it from one single angle; it needs a multifaceted approach I believe very strongly that criminals tend to have one thing in common, which is a selfish failure to take responsibility for their own actions, but the reasons behind that are often very complex. This sticks in my throat a bit, but to be fair, Tony Blair was actually going in the right direction when he said, "Tough on crime, tough on the causes of crime". Whether or not he took that approach is open for debate, but it is the one we need. We need to take a holistic approach to tackling crime. We cannot deal with it simply by locking up more and more people. Equally, we cannot deal with it by trying to cuddle people and to help them on their way. As I say, this needs a multifaceted approach It is good that on this estimates day we are concentrating on how we can ensure that society is protected, and that we do not end up trying to regain lost causes because the system has failed, which is much harder to do. Part of that is about ensuring that criminals receive the right sentences for the offences they commit, which is why I advocate expanding the scope of the unduly lenient sentence scheme. We have already taken some steps in that regard. It is right that the defence should be able to appeal against sentences that are too harsh, but in my opinion it is wrong that in so many instances the prosecution cannot appeal against sentences that are unduly lenient. For malicious wounding, actual bodily harm, child cruelty, distribution of child abuse photos, burglary and even rape, when dealt with in the youth court, the prosecution cannot appeal against the sentence handed down, however unduly lenient, because those crimes are not covered by the current scheme. That needs to change. We all agree that the punishment should fit the crime. When it does not, there should be a mechanism in place to allow appeals We also need the Government to be flexible in their approach to law and order issues. Government attitudes have to change in accordance with society’s attitudes. I welcomed the announcement that it will now be possible to impose a life sentence for death by dangerous driving, because too often we have seen the courts impose inadequate sentences for some of these incredibly serious crimes. I would also like to see the Crown Prosecution Service making more use of manslaughter charges in the most serious cases A lot of work needs to be done in this area. I congratulate the Government on some of the things they are doing to ensure that law and order are at the top of the agenda. I think that we should give this area greater priority. If we do not get our approach to law and order right, we undermine the whole fabric of our society.