argyrotsipi/train-dataset huggingface dataset:
EU Relations — House of Lords, 2021-11-10
Topic: Macroeconomics
Jeremy Purvis (Liberal Democrats, Centre to centre-left): My Lords, page 58 of the OBR report states that UK GDP will be 4% lower as a result of the agreement negotiated by the noble Lord, Lord Frost. Page 59 of the OBR report states that trade—both imports and exports—is now 15% lower. The Minister said that he was "sceptical" of this and would be presenting his own figures. The Chancellor’s entire Budget and spending review were based on the OBR figures—so should we all now have a high degree of scepticism about the Chancellor’s statement and spending review? Will the Minister join us in scrutinising that set of figures, to show that we should not believe them?
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-10
Topic: Law and Crime
Brian Paddick (Liberal Democrats, Centre to centre-left): My Lords, the noble Lord, Lord Brooke of Alverthorpe, has relayed to the Committee clearly a very distressing case of mistaken identity and anti-social behaviour generally in that street, apparently to do with drug dealing. If the perpetrators of this terrible crime were found, I am not sure that they would be given a caution, and I thought this part of the Bill was about police cautions—but I accept the general point that victims need to be protected. Although a caution would not be applicable in this case of the break-in at the home and the damage to the car, there might be one in respect of the general anti-social behaviour in the street. It is absolutely essential that the needs of victims are taken into account by the police, including for the financial losses that victims have suffered As I said on a previous group, out-of-court settlements have a high victim approval rating already. These amendments, in so far as they apply to police cautions, would ensure that they remain high, and to that extent we support them.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-10
Topic: Law and Crime
Brian Paddick (Liberal Democrats, Centre to centre-left): My Lords, I will also speak to the other amendments in this group. The Committee has already considered these issues, so I can be brief. I apologise for not recognising that some of the amendments in a previous group covered similar issues In that previous group, the noble and learned Lord, Lord Falconer of Thoroton, suggested that the maximum number of hours attached to the unpaid work condition and the attendance condition, and the maximum fine that could be attached to a caution, should be set in the case of the fine and varied in all cases by regulations and that those should be amended only by the affirmative resolution procedure. The noble and learned Lord previously said in Committee that this was not an ideal solution, as regulations could not be amended and that this House was reluctant to use the "nuclear option" of praying to annul regulations, which is the only option available if it disagrees with a statutory instrument. Even with the affirmative resolution procedure in place, in practice, if the House disagrees with an increase to the maximum number of hours of unpaid work—or any of the other conditions attached to police cautions—there is little that it can do about it, unless changes are made through primary legislation I grant that the value of money is eroded over time by inflation and periodically the maximum fine capable of being attached as a condition to a caution may need to increase accordingly, but surely not the amount of time to be spent in unpaid work or subject to the attendance condition. There is a question of principle. If an offence is so grave that greater punishment is required, that should be a matter for the courts and not for a police officer to decide. There is precedent in our legal system for this principle. If magistrates want to impose a harsher sentence, they must refer eligible cases to the Crown Court, where a more senior judge can make a decision with more serious consequences When I joined the police service in the 1970s, the police performed the role of both investigator and prosecutor. Parliament then decided that prosecution decisions should be made by an independent body, the Crown Prosecution Service, for very good reasons that I do not need to rehearse here, while punishment of the individual has primarily been a matter for the courts, supported by reports from experts on the medical, social and criminal antecedents of the accused, in many cases, and considered by highly trained and experienced judges who are obliged to follow sentencing guidelines. In the proposals contained in this part of the Bill, the police are investigators, prosecutors and sentencers. There must be limits on the extent to which they should be allowed to carry out all three functions in relation to a case and those limits should be set out in primary legislation, on the face of the Bill. That is the purpose of these amendments and I beg to move Amendment 174.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-10
Topic: Law and Crime
Brian Paddick (Liberal Democrats, Centre to centre-left): My Lords, I thank the Minister for saying something. The whole point of not allowing it to be in regulations is that it is an important question of principle that once a crime gets to a certain level requiring a certain punishment, it should be for the courts to administer that punishment, in the same way that if a magistrate decides that the punishment they are able to give is not sufficient, they have to refer it to a higher court. These are the people with the experience, training and background properly to assess both the individual and the circumstances, and to apply the penalty. Therefore, it should be dealt with in primary legislation This should not be about providing maximum flexibility for operational partners. It should be about consistency and certainty, and citizens knowing that above a certain level of unpaid work, attendance at a training course or a fine imposed by the police, they cannot go without referring the matter to the courts. That is the whole point. I completely accept that the Minister has explained why it is in regulations and not in the Bill. However, he has not addressed at all the argument that it should not be that flexible Why is the accused’s ability to pay important? I was talking to my noble friend Lady Randerson about this amendment earlier today; like the noble Lord, Lord Ponsonby, she is an experienced magistrate, now retired. She said, "It is so important to take into account the accused’s ability to pay, because if you impose a fine, say, of £200 on somebody who has little or no income, it will almost guarantee that they commit a crime in order to get the £200 to pay the fine." That is why that seemingly innocuous addition, which should be in the Bill, is in fact absolutely important. In the light of the Minister failing to engage with the heart of the amendments, we will return to this issue on Report, but in the meantime, I beg leave to withdraw the amendment.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-10
Topic: Law and Crime
Brian Paddick (Liberal Democrats, Centre to centre-left): My Lords, by way of a little light relief for the Committee, I rise to move Amendment 178 in my name In this part of the Bill, "Part 6—Cautions", Clause 86 deals with: "Application of Police and Criminal Evidence Act 1984." On page 78, at line 17, Clause 86(4) states: "Section 40 of the 1984 Act (review of police detention) applies to a person in police detention by virtue of section 85 above as it applies to a person in police detention in connection with the investigation of an offence, but with the following modifications— (a) omit subsections (8) and (8A); (b) in subsection (9), for the reference to section 37(9) or 37D(5) substitute a reference to the second sentence of section 85(6) above."
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-10
Topic: Government Operations
Sally Rachel Hamwee (Liberal Democrats, Centre to centre-left): My Lords, before my noble friend withdraws his amendment, I should say that he is quite right. There are a number of different points at which it is important for people to understand what legislation means. For us looking back at legislation, we can do so online and it is important that the changes go up online as soon as possible, including in the previous legislation. This is quite a serious point that is, of course, much broader than the Bill—but I am going to infuriate the Committee by getting it off my chest. One can spend an awful lot of time trying to understand what a piece of legislation, passed 20 years ago and amended five times, actually amounts to unless what is put online is completely up to date. It wastes an awful lot of noble Lords’ time and must waste Ministers’ time trying to get their heads around it if the Explanatory Notes do not set out those things intelligibly.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-10
Topic: Law and Crime
Alan Beith (Liberal Democrats, Centre to centre-left): My Lords, I am very glad to support the right reverend Prelate and the noble and learned Lord who has just spoken. The right reverend Prelate gave us a very careful analysis of the reasons that such an amendment would improve Clause 88 of the Bill, and the noble and learned Lord, the former Lord Chief Justice, reminded us of the constitutional context and the fact that the way that the Bill is structured, and the sheer complexity of it, are not really very satisfactory, especially when so much related material is not available to us at this stage. I hope that note will be taken of what he said on that latter point My feeling was that, as drafted, Clause 88 does not cover the ground properly, and that the inclusion of the requirement in this amendment—that consideration should be given to what provisions can be made for the "offender to desist" from crime in the future—would give the clause a necessary balance; a phrase that the noble and learned Lord used. The clause’s emphasis is very much on finding the victim’s views, which is entirely appropriate but limited in scope It is of course relevant to remember that, very often, one of the strongest views that victims have is that no one else should have to suffer what they have and that something should be done to make sure that the person who has done it does not do anything like that again and cause that sort of harm in the future. So these two things are not in opposition to each other: it is a complementary requirement for the clause to include a direct reference to measures to try to make it possible for the individual to desist from crime. There is a wide range of measures, but, in the context of this clause, the right reverend Prelate mentioned drugs and drug treatment. Of course, alcohol is also a very significant factor in many of the sorts of crimes that we are talking about This brings back memories of an incident that occurred during my time in the House of Commons, when some teenagers pulled down and stole the union flag from outside my office. They then made the mistake of exhibiting it around the pubs of the town, which led to the police catching them pretty quickly. The sergeant rang me up and said, "I do not really want to issue a formal caution because one of them wants to go into the Army, and that may prevent him doing so. I suggest that they club together, pay for its replacement and all write to you to apologise". That was the kind of practical policing that, nowadays, is so surrounded by rules and requirements that it is often more difficult to do. But it was the right solution. I had some delightful letters, most of them insisting that their families had always voted for me. But it made a sufficient impact on the individuals—it was just a minor thing—making them less likely to commit crimes in the future. That is the emphasis that we need to add into this clause—an emphasis on trying to ensure that that individual commits no further crimes in the future.
Bosnia and Herzegovina — House of Lords, 2021-11-10
Topic: International Affairs
Jeremy Purvis (Liberal Democrats, Centre to centre-left): My Lords, it is worth recalling that one of the high representative’s predecessors, my late noble friend Lord Ashdown, served with great distinction and benefited greatly from the combined work of NATO and the European Union, with the full support of the British Government. He spoke to me before I visited the region and met the President and Prime Minister of Serbia; those from Republika Srpska refused to meet me because I met Bosnians and Croats It struck me that technical assistance on good governance is needed in that area to defeat the considerable state capture there has been through organised crime, which the Russian Government are actively supporting in their destabilisation efforts. Will the Government support Serbia’s continuing negotiations for joining the European Union, and will they work with the European Union so that there is a common front for good governance in the area to make sure that there is not a vacuum which Russian destabilisation efforts can fill?
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-10
Topic: Law and Crime
Brian Paddick (Liberal Democrats, Centre to centre-left): Can the Minister clarify something? I think he said something along the lines that the lowest level of condition is that the offender should not engage in similar activity again. So, if somebody is arrested and cautioned and the police say to them "Don’t do it again", is that a condition attached to a caution?
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-10
Topic: Law and Crime
Brian Paddick (Liberal Democrats, Centre to centre-left): I thank noble Lords who have participated in this short debate and am grateful for the qualified support from the noble Lord, Lord Ponsonby of Shulbrede If I heard the Minister right, he referred to public consultation and the proportion of respondents who said that they did not believe that out-of-court disposals reduced offending. Is he really saying that the Government are now legislating on the basis of public opinion rather than on the basis of evidence? There is no evidence that the two-tier system that has been piloted by a third of forces is any more effective, as I have quoted at length and repeatedly—which the Minister ignores. There is no evidence that this will be a better system for reducing offending. With the greatest of respect, just because the Government assert that it will be does not mean that it is I am struggling here. If we take the example of somebody who is arrested for being drunk and disorderly and who the police want to caution, they now have to attach conditions. Presumably, the lowest level of condition will be, "You should desist from behaving like this in the future." Then the Minister says, "But of course the police will have to put measures in place to monitor the accused’s future behaviour." I am completely at a loss as to what sort of monitoring the Minister has in mind in such circumstances. The more the Committee examines these proposals—perhaps I should say the lack of them, bearing in mind that we will not see whatever is contained in the code of practice until well beyond the Bill receiving Royal Assent—the more the whole thing begins to unravel Clearly, I will apologise to the Minister and to the Committee if I have misunderstood the legislation in terms of withdrawing the police’s ability to give fixed penalty notices for disorder. I hope that the Minister will do the same if it turns out that I am right and he is wrong. However, at this stage, I beg leave to withdraw the amendment.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-10
Topic: Law and Crime
Brian Paddick (Liberal Democrats, Centre to centre-left): Forgive me for the delay, my Lords—so many amendments, so little time, as it were I am grateful to Transform Justice for its briefing on this issue and for its assistance in drafting this amendment. Currently, simple cautions with no conditions attached are considered "spent" within the meaning of the Rehabilitation of Offenders Act 1974 as soon as they have been given. This means that they do not have to be disclosed to potential employers. The Government propose to abolish simple cautions, so those who would previously have received a simple caution, which do not have to be disclosed, could potentially receive a diversionary caution, which, like conditional cautions currently, have to be disclosed for three months after the caution is given. Given the Government’s commitment to reform rehabilitation periods elsewhere in the Bill, we suggest that the rehabilitation period for diversionary cautions should be removed. In Part 11, Clause 164 already sets out various changes to the rehabilitation periods for different sentences. Removing the diversionary caution rehabilitation period should be added to the list of those changes The Government argue that a three-month spending period is required for a diversionary caution to support protection of the public. There is strong evidence that employment is one of the most, if not the most, important factors in enabling people to cease offending behaviour and to move on to crime-free lives as productive members of society. A three-month rehabilitation period is short enough to have little impact on public protection, but its existence will require people in employment or seeking employment to declare the caution and risk losing their job or be refused employment. It will also act as a barrier to those seeking education and volunteering opportunities. Research has found that employers discriminate against people with criminal records and that most do not differentiate between a caution and a conviction. Introducing a spending period for the diversionary caution will therefore hamper people’s efforts to gain employment while doing little for public protection. Diversionary cautions should follow the spending regime for the existing simple caution and end at the point at which the caution is given. I beg to move Amendment 189ZA.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-10
Topic: Law and Crime
Brian Paddick (Liberal Democrats, Centre to centre-left): My Lords, I thank the noble Lord, Lord Carlile of Berriew, for talking beyond the amendment, in that the Bill’s provisions apply to adults rather than children. He made extremely important points, supported by noble Lords around the House. We support what he was talking about The Minister rightly said that a community caution has no spending period, whereas a diversionary caution has a three-month period. He said that that was no change from the existing position. However, there is nothing to stop the police giving someone a diversionary caution in circumstances where, in the past, a simple caution with no spending period would have been given. We have heard many cases, often questionably appropriate, of serious offences being dealt with by the police by means of a simple caution with no spending period attached to it The Minister tried to bolster his argument by saying, "The accused must admit the offence and agree to the caution." That is exactly the same with a simple caution: the police cannot give someone a simple caution unless they admit the offence and agree to the caution There is a real danger here that people who currently get a simple caution, which there is no need for them to disclose to, for example, an employer, will have to disclose it in future, with all the negative consequences that that might entail. At this stage, however, I beg leave to withdraw the amendment.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-10
Topic: Law and Crime
Alan Beith (Liberal Democrats, Centre to centre-left): I wonder if the Minister could be a little clearer. A moment ago he cited figures for the number of cases under existing law in which, apparently, mandatory sentences are not passed because judges took the circumstances into account. When you couple his description of those figures with the phraseology that he is using now about the merits of the Bill, the impression is very clear that the Government are not happy with the judges citing exceptional circumstances in failing to deliver the kind of sentence that the Bill would impose. Am I right to understand that he is, in fact, critical of the number of exceptions that are made at present and wants fewer of these in future?
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-10
Topic: Law and Crime
Michael German (Liberal Democrats, Centre to centre-left): Can the noble Lord tell me the difference, then, between the current words, which are "particular circumstances", and those that the Bill is proposing—"exceptional circumstances"? What is the difference between "particular" and "exceptional" to the fraternity of judges and lawyers who do not need it written down because they all understand it? For those of us who are non-lawyers, some definition would be helpful.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-10
Topic: Law and Crime
Jonathan Marks (Liberal Democrats, Centre to centre-left): My Lords, I am grateful for the speeches that we have heard in this interesting debate, particularly by those who have the most sentencing experience, the noble and learned Lords, Lord Judge and Lord Thomas. I am also grateful to the noble Viscount, Lord Hailsham, and to the noble Lord, Lord Ponsonby, for his indication of the Labour Party’s support While I will withdraw the amendment at this stage, I will return to it on Report. My concern is that the Minister, and I am grateful for the care that he gave to his response, failed to appreciate quite how loyal judges are to the law. Where the law requires a judge to find that exceptional circumstances exist before making a departure from the minimum sentence, he will do so loyally The point that both noble and learned Lords made is that it is simply wrong for the law to require judges, where they might have found that the circumstances of an offence or an offender dictate that the just sentence is less than the minimum, to be in the position that they have to say, "I cannot here find that the circumstances are exceptional—that is, completely out of the ordinary—and although I believe that the sentence I am constrained to pass is unjust in the sense that it is the wrong sentence, I nevertheless have to do it." That is the result of the loyalty judges feel to the law—the noble and learned Lord, Lord Judge, mentioned the judicial oath—and is a weakness of this proposed provision, which puts political dogma above the need to do justice. Although I will withdraw my amendment now, I hope that, given the speeches we have heard, in the next few weeks or months, before Report—depending on when that is—we can talk to the Minister, take this matter further, and see if we can get some movement. Saying that, I beg leave to withdraw the amendment.