argyrotsipi/train-dataset huggingface dataset:
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-12-15
Topic: Law and Crime
Guy Mansfield (Conservative, Centre-right): My Lords, I shall speak to Amendment 78B, on the maximum sentence for disclosing the identity of sexual offences complainants. I understand the motivation for this amendment and agree with the sentiment underlying it. The current level is obviously inaccurate and inappropriate, but it should not be addressed in isolation. It is correct that the present provisions for dealing with disclosure need revision, as they were passed in 1992 and plainly directed at conventional print, radio and TV media, antedating the internet. For newspapers and TV stations, a fine is generally appropriate. Since 2015, a level 5 fine has meant an unlimited one, which could run to hundreds of thousands of pounds for a newspaper that does this either deliberately or inadvertently. But we all know that today a malicious individual can cause similar damage with a post on the internet, and imprisonment may well be appropriate. These are serious sexual offences—I do not deny that at all—but there are other matters of great sensitivity that will not be covered by this; it could well cause offence and upset if they are not dealt with at the same time, and they should all be looked at as a whole. The ones that I pull out in particular are, for example, to be found in Section 71 of the Female Genital Mutilation Act 2003. There is still only a fine if you disclose identity, when really it is a very sensitive matter—but, for historical reasons, it remains just a fine. So too if you disclose the name of someone involved in slavery—it is also only a fine—and so too with witnesses in the context of youth justice, which also results in only a fine. All those cases are dealt with in a magistrates’ court. Those things, which are all sensitive and difficult, would be better dealt with in the round. It might be that, for one category of offences, it was thought that the maximum sentence ought to be more than two years, and for others two years, but you want to look at them as a package and reach a considered decision This is a worthy amendment, in one sense, but it should not be pursued. Instead, I urge the Government to bring on the review with the Attorney-General that has been promised, really get cracking on it, and look at all offences of the unlawful disclosure of witnesses’ names. I am sure that, if the Government’s officials have time after Christmas, they could draw up a list of all those categories pretty swiftly and get on with it, so they are all dealt with as a whole. I call on the Minister to give appropriate assurances in that respect.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-12-15
Topic: Law and Crime
David Wolfson (Conservative, Centre-right): I was keen to help the noble Lord out, because I think we all knew what he meant, but it is important in these areas to make sure that the record is really clear. I think we all agree that it is especially important, therefore, because we are dealing with different degrees of seriousness in a complex offence, that we maintain judicial discretion for the courts to consider the full facts of a case before them and decide on the appropriate sentence Although the sentence lengths for rape have increased, we have long recognised that the decline in the number of effective trials for rape and serious sexual offences is a cause for significant concern. Let me take a moment to mention some of the wider action we are taking: we have introduced legislation to tackle crimes including stalking, forced marriage, FGM and the those set out in the Domestic Abuse Act; we have committed to more than doubling the number of adult rape cases reaching court; we published the end-to-end rape review on 18 June; and we want to improve the number of rape cases being referred by the police, being charged by the CPS and reaching court. I have already mentioned the victims Bill. In July, we published the tackling violence against women and girls strategy, and we hope that also will help us better target perpetrators and support victims of these crimes, which disproportionately, although not exclusively, affect women and girls I turn to Amendment 78B, which would increase the maximum penalty for publishing the identity of sexual assault victims—currently a summary, non-imprisonable offence—to two years in custody. We do not dispute that the current maximum penalty is too low. Our concern, however, is that it would not be right to legislate, as the amendment does, only for the Sexual Offences (Amendment) Act 1992 The naming offence in Section 5 of that Act protects complainants in sexual assault cases and was later extended to cover human trafficking cases as well. The effect of this amendment would be that the penalty for breaching these restrictions would be markedly different from the penalty for other offences also involving the breach of anonymity. Two of these, in relation to female genital mutilation and forced marriage, are modelled on the 1992 Act, and it therefore would be difficult to impossible to justify treating these identical offences differently from the 1992 Act offence.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-12-15
Topic: Law and Crime
David Wolfson (Conservative, Centre-right): My Lords, it certainly matters. I am a little concerned that the noble and learned Lord has seen my notes because that was precisely the point to which I was coming when he intervened. I am grateful for the intervention and for the points made by my noble friend Lord Sandhurst and the noble Lord, Lord Faulks, which I endorse. We need consistency and a fair approach in this area. We will begin by drawing up, as my noble friend Lord Sandhurst invited us to, a list of relevant offences, to ensure that we capture this issue fully.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-12-15
Topic: Law and Crime
Douglas Hogg (Conservative, Centre-right): On the question of a spectrum of culpability, does the noble Baroness not realise that the sentencing guidelines take that as their premise? That is why the spectrum in custodial sentences is between four and 19 years, because the sentencing guidelines recognise that there is a broad spectrum in culpability and that, as well as aggravating circumstances, there can be mitigating circumstances.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-12-15
Topic: Law and Crime
Sheila Masters (Conservative, Centre-right): My Lords, this is a probing amendment. It increases the maximum sentence for the offence of sexual penetration of a corpse in Section 70 of the Sexual Offences Act 2003 from two years to 10 years I am tabling this amendment in the light of the appalling case of David Fuller. He was convicted month of the murders of two young women more than 30 years ago. When the police finally caught up with him, thanks to advances in DNA techniques, they discovered in his home evidence of some appalling sexual crimes, including 4 million images of sexual abuse. The most terrible of these images had been created by David Fuller himself. He had recorded himself sexually abusing the dead bodies of women and girls in the mortuary of the Tunbridge Wells NHS hospital—both the old one in Tunbridge Wells and its replacement in Pembury. This is where I live, so it is an issue that is close to my heart. It is also close to the heart of my right honourable friend Greg Clark, the MP for Tunbridge Wells Fuller had raped the dead bodies of more than 100 women and girls over a period of 12 years up to 2020. The youngest was nine; the oldest 100. Sometimes he repeated the offence on the same body. He kept records of his acts. There are no words to describe the depths of this kind of depravity Last month, Fuller pleaded guilty to the two murder charges, to 33 counts of the sexual penetration of a corpse involving 59 individual victims and to some other important charges. Unsurprisingly, this afternoon he was given a whole life sentence This case has shone a spotlight on the maximum sentence of only two years which is available for the offence of sexual penetration of a corpse. The judge today emphasised that there is no sentencing guideline for this offence. She in fact gave Fuller a 12-year concurrent term for the totality of his other crimes.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-12-15
Topic: Law and Crime
Sheila Masters (Conservative, Centre-right): My Lords, this has been a short but important debate, and it will be particularly important for the families of those who died who were abused by that man. Clearly, they have suffered hugely. My noble friend is right to point out that I made clear that this was a probing amendment and therefore have no intention of pressing the amendment. My main purpose was to ensure that the Government are set upon dealing with this issue properly, and I was much reassured by what I heard from my noble friend. With that, I beg leave to withdraw my amendment.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-12-15
Topic: Law and Crime
Daniel Moylan (Conservative, Centre-right): My Lords, I will speak to Amendment 81 in my name which is substantially the same as one I tabled and withdrew in Committee. I am grateful for the support of my noble and learned friend Lord Garnier, the noble Lord, Lord Blunkett, and the noble Baroness, Lady Burt of Solihull. We are dealing with a shame and a scandal. I shall not dwell on the nature of it because that has been well spelled out by the noble and learned Lord, Lord Brown of Eaton-under-Heywood. I shall come to the substance of the amendment because, of the three tabled on this topic, it is the one that is the most modest and helpful—indeed, it is intended to be most helpful to the Government Unlike Amendment 80, referred to by the noble and learned Lord, Lord Brown of Eaton-under-Heywood, it does not concern those in prison serving an IPP, only those living in the community on licence—that is, those who have been released after the Parole Board has resolved that they do not represent a serious risk to public safety. At the moment, these persons are potentially subject to a lifelong licence. They can be recalled to prison for a breach of the licence conditions at any point. The only way the licence can be terminated is for the individual to apply to the Parole Board for a licence review after the expiry of the qualifying period, which is currently set at 10 years The Government have stated that they wish those reviews to be automatic in future, not requiring an application from the prisoner. My noble friend Lord Wolfson of Tredegar said on 21 July in a Written Answer to the noble Lord, Lord Blunkett, "From September this year, officials will refer automatically to the Parole Board the case of every offender serving the IPP sentence who has become eligible to apply for termination of his/her IPP licence." I take that as a definitive statement of government policy: automatic referral. But yesterday, when I attended a meeting of the Justice Select Committee in the other place—referred to by the noble Lord, Lord Blunkett—and a question about this was put to Sonia Flynn, chief probation officer, she did not reply using those words. She said something rather different. She said that from September, the probation service had started proactively encouraging those who qualified to make an application. She had no explanation when asked by a member of the committee why, of the 500 persons currently entitled to apply for their licence to be terminated, only 20 had applied There is a good reason why the probation service is not carrying out the policy in the terms set out by my noble friend. Close examination of the current legislation makes it clear that the review can be undertaken only on the prisoner’s application. The Government cannot, therefore, make an automatic referral to the Parole Board without the prisoner’s active collaboration.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-12-15
Topic: Law and Crime
Edward Garnier (Conservative, Centre-right): I think the last point made by the noble and learned Lord, Lord Judge, needs to be said often and loudly. The noble Lord, Lord Blunkett—I praised him in Committee—was brave enough to admit that this form of sentence was wrong. My noble and learned friend Lord Clarke of Nottingham abolished it when he was Secretary of State for Justice, but we are left with what I may call the detritus of this admitted mistake. What we must do now is clear it up. We have got rid of the sentence. As the noble and learned Lord said, it is no longer available. We are left with, as the noble and learned Lord, Lord Brown, just pointed out in a highly effective speech—and in Committee —hundreds of people remaining in prison long beyond their punishment tariff and others, as my noble friend Lord Moylan pointed out, on licence well beyond any sensible period I am a signatory to my noble friend’s amendment but, as I said in Committee, I could have signed any of the amendments to do with reforming IPPs. I say, as both a Member of this House and as a fellow trustee of the Prison Reform Trust with the noble Lord, Lord Bradley, that we have got to the stage now where nobody who has sense of justice or common sense could defend what we now have. All we are looking for is a way in which the Government can complete the task that my noble and learned friend Lord Clarke began when he was Secretary of State for Justice and which for some reason has not been completed in the eight or so years since the sentence was abolished. Now is the time. If we are to have a Bill as huge as this, let us make good use of it by adding into it just provisions that do justice and which prevent men and women being incarcerated or on licence still for no very good reason. If I may say so, let us also get rid of this provision that is not doing the victims of their crimes any good either. Victims of criminal activity want justice both for them and for the defendant, but this is not justice for either the defendant or the victim.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-12-15
Topic: Law and Crime
Douglas Hogg (Conservative, Centre-right): My Lords, I rise briefly to support all three of the proposed new clauses, most particularly those proposed by Amendments 79 and 80. Looking back on my time in Parliament—nearly 40 years now—I think this was the most unfortunate decision taken in the criminal system. I pay tribute the noble Lord, Lord Blunkett, for coming to this House and putting before us his proposed new clause. Indeed, I pay tribute to the noble and learned Lord, Lord Brown, for his proposed new clause as well. A huge injustice has been done; as a parliamentarian, I view our contribution to it with a great sense of shame and embarrassment At the end of last week, a prisoner wrote to me to tell me that he had a tariff of two years imposed on him and has now served 14 years. I do not know the detail of his case but it is deeply troubling that that happened. In fact, I have referred his letter to the chairman of the Parole Board; I very much hope that she will look into it carefully. I can do no more. However, the truth is that the proposed new clauses before this House give us an opportunity to move forward. My belief is that they do not go anything like far enough, but we have to take the steps that are available I hope that my noble friend the Minister will respond sympathetically to the issues raised. I must say, if the opinion of the House is sought on any of these proposed new clauses, I will support them.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-12-15
Topic: Law and Crime
David Wolfson (Conservative, Centre-right): My Lords, I am extremely grateful to the various Members of the House who have spoken. These amendments relate to offenders serving sentences of imprisonment for public protection, known as IPPs. We had a heartfelt and powerful debate on this issue in Committee; the mood during today’s debate has been equally apparent. I should say that, throughout this time, I have personally received a lot of emails from families affected by IPP sentences. I put on record that I have read all of them, even if I cannot reply to them all individually Let me go through the amendments and set out the Government’s position clearly. First, I make it absolutely clear that the Government recognise that more work needs to be done in relation to this group of prisoners. On that basis, the Government intend to bring forward an amendment at Third Reading. I will give details of that amendment in a moment; let me first set out the work done so far.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-12-15
Topic: Law and Crime
Daniel Moylan (Conservative, Centre-right): Before my noble friend sits down, I heard what he said, but if the Justice Select Committee in the other place was to recommend a reduction in the qualifying period from 10 years to five years, would he at least give his personal undertaking to do his very best to ensure that the Government found an opportunity to legislate for that at the earliest possible time?
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-12-15
Topic: Law and Crime
David Wolfson (Conservative, Centre-right): I am not quite sure of the meaning of a personal undertaking from me to ensure that the Government will find an opportunity. I hope the House will appreciate that I have personally put a lot of time and effort into this matter. When I see the Justice Select Committee’s report, that time and effort will not diminish.
Postmasters with Overturned Convictions: Settlement Funds — House of Lords, 2021-12-15
Topic: Law and Crime
James Arbuthnot (Conservative, Centre-right): My Lords, I acknowledge that this is very good news and I am grateful to my noble friend for the work that he is doing and has done behind the scenes on it. Can I press him on the question asked by the noble Baroness, Lady Randerson, about why this Statement is limited to sub-postmasters who have had convictions overturned? Surely the same moral principles apply not just to those who have been wrongly convicted but to those who were acquitted, to those who were wrongly sued, and to those, such as Lee Castleton, who were bankrupted and have not come out of that, including the 555 in the group litigation. In another place this afternoon the Minister hinted that he was softening the Government’s line on full and final settlement. Can my noble friend confirm that this is the case?
Postmasters with Overturned Convictions: Settlement Funds — House of Lords, 2021-12-15
Topic: Government Operations
Martin Callanan (Conservative, Centre-right): Before I answer the noble Lord’s question, I again pay tribute to the work that he has done over many years on this scandal to make sure that the world knows the truth about what took place. He makes a valid comment about the similarity of moral principles between the various cases. I can go no further than to confirm what the Minister said in another place. I will quote it to him in full: "the 555 sub-postmasters who were part of the High Court case performed a massive public service by exposing the wrongdoings within the Post Office, and I recognise the deep frustration at the fact that because they agreed that the settlement with the Post Office would be a full and final one, they do not qualify for these compensation schemes. I have met some of those people and, as I said, I will continue to work on what more we can do."
Postmasters with Overturned Convictions: Settlement Funds — House of Lords, 2021-12-15
Topic: Government Operations
Martin Callanan (Conservative, Centre-right): I agree substantively with many of the points that the noble and learned Lord made. He is tempting me to comment on the lawyers of his profession who took part in funding the case of the 555 members and the amount that went on legal fees, which perhaps I should not do in this House. I sympathise greatly with many of the points he made. Perhaps I would go even further and say that even when the Post Office knew about many of these problems, it appears it then attempted to cover it up. However, these facts will emerge in the inquiry that is taking place. The judge who is leading it is doing extremely well and is progressing with exposing that injustice Those outside of the 555 settlement are able to secure compensation through the historical shortfall scheme, which is the other one I mentioned in my response to the noble Lord, Lord McNicol. On the third category, Paul Scully in the other place—I quoted his words earlier—certainly went further than the Government have gone before on those points, and he has promised to work with those who were affected.
Postmasters with Overturned Convictions: Settlement Funds — House of Lords, 2021-12-15
Topic: Government Operations
Martin Callanan (Conservative, Centre-right): That is not an entirely fair comment. We as a ministerial team and a Government inherited this scandal. We are making endeavours within the powers and legal procedures that we have. We cannot ignore the fact that a civil court case has taken place and there was a full and final settlement. We have to negotiate within government for additional funding to be made available. I can assure the noble Baroness that the Minister for Postal Affairs is attempting to do so and is trying to work with the parties to bring this to a resolution. There is clearly moral equivalence between the different categories, even if there is not necessarily a legal equivalent at this stage. I am not a lawyer but, to be fair, there are differences in the cases. It would be right for the Government to try to compensate them all to the greatest degree possible within existing legal procedures, and my honourable friend is attempting to do that The noble Baroness referred to the culture of the Post Office. Again, her comment was a little unfair. The Post Office is under new leadership and it has committed to changing its ways. I can assure her that Ministers regularly discuss this matter with the Post Office. It has a programme of change, including the appointment of two recent postmaster non-executive directors to try to get some say in the senior leadership team from those working on the ground. I know that the new chief executive is committed to doing his best to overcome this scandal, right the wrongs and put the business on a sound footing in the future.
Postmasters with Overturned Convictions: Settlement Funds — House of Lords, 2021-12-15
Topic: Government Operations
Lucy Neville-Rolfe (Conservative, Centre-right): My Lords, having had previous responsibility for the Post Office, I am very well aware that Ministers are advised to stand firm on seemingly solid grounds, only for it to become clear in the long term that that is not defensible. This issue was probably the most disturbing thing that I had to deal with. Will the Minister take a deep breath and accept that the litigation involving 555 former postmasters who, as he said, performed a massive public service, was not conducted on a fair basis, and act accordingly?