argyrotsipi/train-dataset huggingface dataset:
Police, Crime, Sentencing and Courts Bill — House of Lords, 2022-01-12
Topic: Law and Crime
Frederick Ponsonby (Labour, Centre-left): My Lords, I, too, support the amendment. It is modest and worth while, and is another step down the road I remember that the noble Lord, Lord McNally, introduced the phrase restorative justice into the statute book. I cannot remember which piece of legislation it was but at that point he spoke perceptively when he said that it was going to be a long road to get restorative justice embedded within the criminal justice system, whether in terms of probation, YOTs or prison. He was right and the necessity for the amendment proves that because the noble Baroness, Lady Meacher, gave a number of examples, including where the funding or initiatives have stalled and the momentum with restorative justice has been lost. From memory, the initial introduction of restorative justice was through a separate funding stream for YOTs to use these programmes. So I very much support the amendment. It needs constant activity and oversight by a Minister to get the restorative justice programmes embedded in the system as a whole One reason why what I am saying is perhaps more relevant than what some noble Lords have said is that I have some scepticism on the issue. I am happy to have a cup of tea with the noble Baroness, Lady Meacher, to express my scepticism. While I support the amendment, it requires a long-term programme, and it is for the Government to make sure that that programme is implemented.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2022-01-12
Topic: Law and Crime
William Bach (Labour, Centre-left): My Lords, may I ask the Minister a question? A few years ago, when I was a police and crime commissioner, it came across our desk a lot that it was government policy to have a royal commission on the criminal justice system. What has happened to that proposal? Is it still there? Is it still the Government’s hope to do that? If it was, I would be very much in support of it. If it is not, I very much support the amendment that the noble Lord, Lord Marks, has moved.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2022-01-12
Topic: Law and Crime
Frederick Ponsonby (Labour, Centre-left): My Lords, we support this amendment and every element of what the noble Lord, Lord Marks, said when he was introducing it. It is about criminal sentencing. My noble friend Lord Bach raised the question of a royal commission on the criminal justice system as a whole, and I will be interested to hear the Minister’s response on that The noble Lord, Lord Faulks, correctly identified that in this Bill the Opposition have supported some measures that have led to increased sentences. In a sense, the heart of the problem is that the constant inflation of sentences is leading to the overarching problem we have now with overcrowding and squalor in our prisons and a lack of effectiveness in our out-of-court sentences. I understood that to be the main purpose of the royal commission I want to give a very simple example of my role as a magistrate sentencing, as I was yesterday, in a magistrates’ court in London. As a magistrate, I have powers to sentence up to six months’ custody for a single offence. When, on occasion, I do that, I simply do not know how long that person will spend in custody. When I first became a magistrate about 14 years ago, I used to say to the offender, "You will spend half your time in custody and then, at the discretion of the prison governor, you will get out". I do not say that any more because I do not know whether it is true. Sometimes the offender will get out after one-quarter of their sentence, if there are particular reasons and it is a non-violent offence, and sometimes, if they commit relatively less serious offences while they are in prison, they may serve their whole term, so I simply do not say that any more when I am sentencing That is a very particular example; there are many examples within sentencing as a whole where any sentencer, including a magistrate, is asked to use fairly obscure phrases which are not simple to understand for the person being sentenced. There is a role for an overall look at this to try to have consistency in sentencing and the words used while sentencing. The noble Lord’s amendment goes further than that as it is looking at community sentences as well. There really is a strong need for an overarching view of criminal sentencing.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2022-01-12
Topic: Law and Crime
John Davies (Labour, Centre-left): My Lords, I have listened to the debate this afternoon with great pleasure, and I must say with growing agreement with what was said—until I heard the contribution of the noble Lord, Lord Faulks, who said that sentencing should be a matter for the Government of the day. That is a very dangerous approach, because it means that sentencing becomes a reflection of the political pressures on the Government of the day. Somebody used the term "auction". You would get competition between people who were seeking votes from the public in projecting themselves as being tough on crime, and the resulting sentencing guidelines—
Police, Crime, Sentencing and Courts Bill — House of Lords, 2022-01-12
Topic: Law and Crime
Richard Rosser (Labour, Centre-left): First, I thank the right reverend Prelate the Bishop of Derby and the noble Lord, Lord Paddick, for adding their names to this amendment. Indeed, I thank all noble Lords who spoke in this debate Basically, the Government have repeated what they said in Committee. There is nothing new and no response to the point that a statutory duty to reduce violence cannot be effective without a statutory duty to safeguard children, which is what this amendment would provide by putting a recognised definition in law for the first time. There has not really been a response to that I made the point that the evidence indicates that there is no consistency of approach across the agencies on child criminal exploitation. Clearly, the definitions on which the Government relied in Committee, which they have now repeated on Report, are not assisting in the way that they should in responding to child criminal exploitation scenarios. It is a bit depressing to find no movement at all on the Government’s stance and, if I may say so, no attempt to respond to my point that, bearing in mind the inconsistencies, the existing definitions are clearly not doing the job that the Government claim they should be doing and, indeed, claim they are doing. That clearly is not the case I do not intend to test the opinion of the House on this. I say only that the issue is not going to going away. If we continue, as I suspect we will, with the inconsistencies of approach that have been identified by Barnardo’s and the Children’s Society and referred to during this debate—that is, if the Government do not address them, which is what this amendment in effect invites them to do—this matter will not go away. I am quite sure that it will be the subject of further discussion and debate if the present highly unsatisfactory situation continues in respect of child criminal exploitation. I beg leave to withdraw the amendment.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2022-01-12
Topic: Law and Crime
Jenny Chapman (Labour, Centre-left): My Lords, I rise to move the amendment tabled by my noble friend Lord Ponsonby on life-saving equipment. It deals with a specific issue in relation to criminal damage: the effect of vandalism on safety equipment Noble Lords who were present in Committee will have heard my noble and learned friend Lord Falconer of Thoroton speak about the death a young man from Rotherham, Sam Haycock. His parents, Simon and Gaynor Haycock, went to see their MP, Sarah Champion, who moved an amendment in the other place. Sam went swimming in Ulley reservoir in Rotherham in May 2021. He was leaving school that day and was just 16 years old. He was helping a friend who was in trouble in the water. At this reservoir in Rotherham—I believe that this is not unique to it—there was a throw line with a lifebelt attached to it that you can throw into the water to help someone in trouble. The problem was that it was kept in a locked cupboard and, to access it, you need to phone 999 and get a PIN from the police. Obviously, this takes time, and when someone is in distress in the water, you do not have time. The delay in getting the throw line might well, and in this case did, have tragic consequences. It is behind a locked door with a PIN to prevent vandalism of the safety equipment In regional media, I have found several similar instances where life-saving equipment has been vandalised. One was at Salford Quays. Manchester Council felt it lacked the ability to prevent and deal with this, so it has taken to using public space protection orders to try to deal with the issue. There was also a case in Uckfield in Sussex where a defibrillator was rendered unusable by vandals. These acts clearly cause costly damage but, most importantly, they also pose a very clear risk to life and can be shown to have cost lives in some instances The amendment is very straightforward: it proposes that it is made a specific offence to intend "to destroy or damage any property which is considered life-saving equipment, including life-belts, life jackets and defibrillators." In terms of criminal damage, the value of what is damaged may be relatively minimal in the case of a lifebelt and a throw line, compared to other criminal damage offences. As my noble and learned friend Lord Falconer said in Committee, it would already be an offence to vandalise such equipment, but it matters a great deal that the law should indicate that this is something regarded with particular hostility because of the cost to life, including that of Simon and Gaynor’s precious son, Sam.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2022-01-12
Topic: Law and Crime
Jenny Chapman (Labour, Centre-left): I am grateful to the Minister for what he had to say and I do understand that creating a new offence or separate provision may not have the desired effect of reducing these horrendous instances. It is right that we want to stop that happening and I welcome his comments about working together, perhaps with local authorities and police forces, to do more creative things to try to prevent this. I beg leave to withdraw the amendment.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2022-01-12
Topic: Law and Crime
Alicia Kennedy (Labour, Centre-left): My Lords, I speak briefly in support of Amendments 104E and 104F, in the name of my noble friend Lord Ponsonby of Shulbrede. In doing so, I declare my interest as director of Generation Rent Predators online attempt to coerce men and women to exchange sex for a home by exploiting their financial vulnerabilities. They have used the economic effects of the pandemic as a marketing technique. This is already a crime, and it is not a new crime, but there has only ever been one charge for this offence, and that was in January last year. However, back in 2016, Shelter found that 8% of women had been offered a sexual arrangement. Two years later, its polling estimated that 250,000 women had been asked for sexual favours in exchange for free or discounted rent, and its more recent research showed that 30,000 women in the UK were propositioned with such an arrangement between the start of the pandemic in March 2020 and January 2021 This is a crime that goes on, openly and explicitly, through adverts on online platforms. Despite the adverts being clear in their intention, they go unchecked, are placed without consequence and are largely ignored by law enforcement and the online platform providers. The fact that there has only ever been one charge for this crime shows how inadequate the law and CPS guidance are in this area The victims of this exploitation have been failed. As my noble friend said, for a victim to get justice, they need to be defined as a prostitute for a criminal case to progress, which is a huge deterrent that has to be changed. The online platforms—that is what I believe is meant by "publisher"—allow this crime to be facilitated, and they must have action taken against them. That is why I very much support the amendments tabled by my noble friend In closing, I pay tribute to the honourable Member for Hove in the other place for his campaigning on this issue, and the many journalists who have kept this issue on the agenda, including the team at ITV, whose research I understand helped to lead to the one charge for this crime that there has ever been. No one should ever be forced by coercion or circumstance to exchange sex for her home. There is a housing emergency in this country. It continues to hit new lows—so low that sexual predators can deliberately take advantage of people’s desperation to find a home. For me, Amendments 104E and 104F are an opportunity to protect some of the country’s most vulnerable renters.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2022-01-12
Topic: Law and Crime
Frederick Ponsonby (Labour, Centre-left): My Lords, I thank all noble Lords who have taken part in this debate. It has been quite quick but focused on the issues raised in this group of amendments The noble Earl, Lord Attlee, raised some reservations and talked about the nature of the victims. I advise the noble Earl to read very carefully what my noble friend Lady Kennedy said when she itemised the victims of this offence. It is overwhelmingly women who are victims of this offence. The numbers are very large and it has been going on for years. My noble friend is an expert on this matter and I think his remarks were misplaced, if I can put it like that.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2022-01-12
Topic: Law and Crime
Richard Rosser (Labour, Centre-left): My Lords, I will be brief. I recall that the Minister said in Committee on this amendment "I fear that my ice thins a little here" One can only say that I think it has got even warmer since then. The Government said in Committee: "Having said all that, I have heard everything that has been said around the Chamber this evening, across party, and I will make sure that those arguments are reflected back to the Home Office." What happened when those arguments were then reflected back to the Home Office, to whom in the Home Office were they reflected back to, and what was the response The rules on previous convictions, which the Government said in Committee were necessary to ensure "the highest levels of integrity on the part of the person holding office and to protect the public’s trust in policing" do not seem to have been very effective or relevant in North Yorkshire on two occasions already where two different PCCs have already departed the scene in interesting circumstances I conclude, in indicating our support for this amendment and thanking noble Lords for all the arguments and points made, that in Committee the Government referred to part 2 of the review of police and crime commissioners. They said that it is "currently under way" and that "this review will also assess the benefits and demerits of a trigger mechanism for the recall of PCCs; it is being debated."—[Official Report, 22/11/21; cols. 649-50.] Will this part of the review of PCCs also now look at the issue of the current bar, in its present form, on a potential candidate being able to stand for the position of police and crime commissioner, which is the issue we are debating tonight? If the Government cannot even say that this will now be included in part 2 of the review, what is the reason for that stance I very much hope, like my noble friend Lord Bach, that the Government will accept this amendment, or at the very least agree to reflect on it further prior to Third Reading so that it can be brought back again if the Government’s reflections are not very satisfactory.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2022-01-12
Topic: Government Operations
Richard Rosser (Labour, Centre-left): My Lords, before the noble Lord sits down, may I have a response to my question? Bearing in mind that in Committee the Government were prepared to tell us that part 2 of the review will "also assess the benefits and demerits of a trigger mechanism for the recall of PCCs; it is being debated,"—[Official Report, 22/11/21; col. 649.] may I ask for an assurance that part 2 of the review will also look at the issue raised by my noble friend Lord Bach in this amendment about the bar on being able to seek office as a PCC? May I have that assurance?
Police, Crime, Sentencing and Courts Bill — House of Lords, 2022-01-12
Topic: Law and Crime
William Bach (Labour, Centre-left): I forgive the Minister anything. I was in his position many years ago when I had to defend the completely indefensible. All Governments do it; it is not an attack on this Government. Somehow there is a collective—I am going to use the word "idiocy", which is perhaps too high, but collective mistakes are made. Individual Ministers know very well that something such as this should be got through easily and the matter of principle—the noble Baroness, Lady Fox, is right—can be put right and we can move on. But somehow, "The Government say no" I do not think any of the reasons so articulately put by the Minister really hold water at all to be honest, particularly the argument on the public being really offended by something such as this and losing what confidence they have—which I hope is high but may not always be—in police and crime commissioners. I do not honestly think the public would care a jot and, if they did, they would be surprised by how the law stood. I have to say that I do not find placing reliance on part 2 of the inquiry, and particularly on when legislation might come to this House again on this matter, very convincing We have a lot of important business to do tonight—I understand that. I am reluctant to withdraw, given the strength of feeling—and I want to thank everybody who has spoken in this debate; very distinguished Members of this House have spoken, and I am really very grateful to them. However, in the circumstances, while inviting the Minister to take this issue back to the Home Office again and to show other Ministers and officials what was said tonight in Hansard, I hope that it may move the Government to do the right thing on this before very long. I beg leave to withdraw my amendment.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2022-01-12
Topic: Law and Crime
Frederick Ponsonby (Labour, Centre-left): My Lords, I support my noble friend, who is quite right in everything she has said. Sexual abuse and rape can quite often take decades to come to light. The anomaly, which she has outlined very clearly, is within the power of the Government to put right, and I urge the Minister to do so.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2022-01-12
Topic: Law and Crime
Alicia Kennedy (Labour, Centre-left): My Lords, I am grateful to the Minister for his response and for the large amount of time last week that he and his advisers gave me and Dr Rogers from Cambridge University, whose writing, as the Minister said, has rightly put this issue into the public arena I note the Government’s concerns about Article 7, but I also note that Governments have taken greater risks with Article 7 before when the political will has been there. I believe that there is cross-party consensus that men who continually seduced underage girls, in many cases ruining their young lives for their own amusement, in the 1980s and 1990s still deserve to be punished There is also Strasbourg case law, which condemns states for relying on arbitrary procedural rules that act as barriers to effective justice in cases of sexual offences against the young. My noble friend Lady Chakrabarti referred to one such case in Committee. However, as the Minister suggests, we should pause to consider whether Article 7 might protect a man who would be prosecuted after the original time limit expired. The European Court of Human Rights in Strasbourg has expressly said that the propriety of this is yet to be decided; on that basis, I accept that there is a risk that merits further consideration. I appreciate that this needs more time to resolve than the timing of the Bill allows. I therefore very much welcome the Minister’s offer to keep the discussions on this issue going with the Minister who is directly responsible for this area of policy. Today is only the start of the discussion on this issue I remain hopeful that, through discussion with the Government, more can be done to quantify the exact risk of losing a case under Article 7. If it is low, I hope that we will have the courage of our convictions and change the law for the better, as we did with the double jeopardy rules in 2003. I am grateful to the Minister for his offer to facilitate further deliberations on this issue; I look forward to future discussions with him and other Ministers I beg leave to withdraw my amendment.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2022-01-12
Topic: Law and Crime
Vernon Coaker (Labour, Centre-left): My Lords, I start this debate by deploring—I hope the Minister will pass this on—the anti-vaxxers who targeted the home of Sajid Javid MP, the Health Secretary, in early January when his children were there. We all deplore that Amendment 104FE fast-tracks public spaces protection orders. It would provide for fast-track public spaces protection orders—what we know as buffer zones—around schools and vaccination centres. It builds on existing powers in the Anti-social Behaviour, Crime and Policing Act 2014. It does not create new powers. The Government have already accepted the need for and use of these buffer zones. The amendment simply provides that, in specified circumstances, a buffer zone around a school or vaccination centre can be put in place immediately, without being delayed by a lengthy consultation process. The required consultation process would still take place, but it would do so alongside the operation of the order—community views would still be taken account of and changes would be made to the order as necessary.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2022-01-12
Topic: Education
Vernon Coaker (Labour, Centre-left): My Lords, I thank the Minister for her reply and for the courteous way in which she always tries to engage with the issues. I also thank all noble Lords who joined the debate. The noble Baroness, Lady Fox, can call me naive, but I was, though the amendment and the changed amendment, trying to address some of the concerns that she raised, particularly in trying to make it clear that it was not a blanket ban but was dealing with a very specific problem that has resulted in and around some schools—