argyrotsipi/train-dataset huggingface dataset:
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-08
Topic: Law and Crime
David Wolfson (Conservative, Centre-right): My Lords, the amendments we are talking to cover a little area and I will take them in turn if I may. I start with Amendments 170, 171 and 190. They remove the authority of a constable or investigating officer to be able to give a diversionary or community caution and in turn propose a set of preconditions that require that a prosecution authority be satisfied of the suitability, capability and training of a person before they are designated to issue a diversionary or community caution The position at the moment is that cautioning is mostly but not, it is fair to say, exclusively carried out by police constables. Cautioning by police dates back nearly 100 years and the police have become experienced in the application and use of cautions. At the moment, there are statutory restrictions around the use of simple cautions by the police and an existing statutory framework for their use of conditional cautions The framework provides a role for the DPP to authorise the use of cautions in particular circumstances. Police and prosecutors share responsibility for dealing with out of court disposals. The noble Lord, Lord Paddick, already knows this, but where police decide that an indictable-only offence should be dealt with by means of an out of court disposal, the case must be referred to a prosecutor to determine whether there is sufficient evidence for a realistic prospect of conviction and that it is in the public interest to deal with the case in this way These clauses do not change the approach set out in the director’s guidance and we believe this provides a necessary safeguard to the use of cautions for more serious offences. We believe that the police should be empowered as professional decision-makers, while being given clear statutory guidance as to the use of cautions. The question of the adequacy of training to fulfil those functions, which underpins these amendments, is really one for the policing authorities In that regard, coming to the point made by the noble and learned Lord, Lord Falconer of Thoroton, we believe that the code of practice is the appropriate place to set out any safeguards, checks and balances that should be in place before any caution under the new two-tier framework is given.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-08
Topic: Law and Crime
David Wolfson (Conservative, Centre-right): Absolutely. Let me deal with the out of court disposals themselves. I hope I have answered that point. There will, we hope, be a greater consistency of approach, but there will be differences. As for the scrutiny, as I said earlier, the code of practice will, we hope, provide a level of consistency of scrutiny that we also want to make sure is part of this structure. As I said earlier, that will be subject to an affirmative SI I am conscious of the time. I think we have drifted into Tuesday, so perhaps I should just conclude by thanking the Committee for contributions and invite the noble Lord to withdraw the amendment, although I am sure the discussions will continue. I also beg to move that the clauses stand part of the Bill.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-11-08
Topic: Law and Crime
David Wolfson (Conservative, Centre-right): To be clear, the only reason I made that point is because I have a very long answer—I am happy to read it—explaining the different ways particular police forces have responded to the point. Apart from that, I gave exactly the answer I would have done had it been four o’clock in the afternoon. I assure the noble Lord that I have not deleted one sentence from my notes on the answer.
Parliamentary Partnership Assembly — House of Lords, 2021-12-08
Topic: International Affairs
Natalie Evans (Conservative, Centre-right): To resolve that this House: (1) takes note of the provision in Article 11 of the UK–EU Trade and Cooperation Agreement for the establishment of a Parliamentary Partnership Assembly (PPA) consisting of Members of the European Parliament and of Members of the Parliament of the United Kingdom, which: (a) may request relevant information regarding the implementation of that agreement and any supplementing agreement from the EU–UK Partnership Council established by Article 7 of that agreement, which shall then supply the EU–UK PPA with the requested information; (b) shall be informed of the decisions and recommendations of the EU–UK Partnership Council; and (c) may make recommendations to the EU–UK Partnership Council; (2) agrees that a delegation from the UK Parliament consisting of 35 members drawn from both Houses should participate in such an Assembly; and (3) takes note of the first report from the House of Lords Commission, EU–UK Parliamentary Partnership Assembly (1st Report, HL Paper 114) and confirms that the procedures currently applying to the nomination, support and funding of delegations to the Parliamentary Assembly of the Council of Europe, the NATO Parliamentary Assembly and the OSCE Parliamentary Assembly should apply to the delegation to the EU–UK PPA.
Parliamentary Partnership Assembly — House of Lords, 2021-12-08
Topic: International Affairs
Thomas Ashton (Conservative, Centre-right): My Lords, before I speak to the Motion, I extend my condolences to the family and friends of my late noble friend Lord Denham who, as the Lord Speaker announced earlier, died at the weekend. Lord Denham served this House with great distinction for more than 70 years, including as Government Chief Whip for 12 years The Motion standing in the Leader’s name invites the House to agree in principle to its participation in the EU-UK Parliamentary Partnership Assembly, or PPA. The House of Commons agreed a Motion in the same terms on Monday this week, and the European Parliament decided its intention to participate on 5 October. The House of Lords Commission discussed the participation of this House at its meeting on 16 November and in its first report of this Session set out some background to help inform the House’s decision today. That report was published on 25 November. The Motion is the culmination of many months of careful and patient dialogue between the two Houses and with the European Parliament, much of which has been carried out on behalf of this House by the noble Earl, Lord Kinnoull. I would like to put on record my thanks for the work that he and his team have done to help get the PPA off the ground. I beg to move.
Parliamentary Partnership Assembly — House of Lords, 2021-12-08
Topic: Government Operations
Thomas Ashton (Conservative, Centre-right): My Lords, this is not a Committee of the House. This is the way that all parliamentary delegations are appointed, and we see no reason why this should be different from the NATO Parliamentary Assembly or the Parliamentary Assembly of the Council of Europe.
Armed Forces Bill — House of Lords, 2021-12-08
Topic: Law and Crime
Annabel Goldie (Conservative, Centre-right): I thank the noble Lord for taking this point of correction. The statistic I gave him for cases of rape prosecuted in courts martial in the last six months shows a conviction rate of just under 50%.
Armed Forces Bill — House of Lords, 2021-12-08
Topic: Law and Crime
Annabel Goldie (Conservative, Centre-right): My Lords, first, I thank your Lordships for, as ever, interesting and thoughtful contributions on both issues being debated this afternoon, particularly Motions A1 and B1. I will first address the comments made in relation to Motion A1. By way of preface, it is worth noting that this matter was debated and decided in the other place by an authoritative and substantial majority. Notwithstanding that, I will endeavour in my remarks to engage your Lordships and repeat why the Government hold to the position they do. I am grateful for the further comments made Perhaps I should clarify to the noble Lord, Lord Thomas, who seemed to doubt my commitment to the matters of the service justice system, that I and the Government are convinced of the wisdom of retaining unqualified concurrent jurisdiction for murder, manslaughter and rape—I want to make that crystal clear. I remind your Lordships that, contrary to what some contributions indicated, that view is supported by a distinguished former High Court judge, Sir Richard Henriques I was also interested to note that remarks from a number of your Lordships with very senior and impressive legal backgrounds seemed to be addressed exclusively to England and Wales. With all respect, the service justice system that we all admire and revere has to extend across the whole of the UK and must reflect the different systems within it. Military justice must be universal across the UK and the proposal in the Bill achieves that end in a way in which the noble Lord’s amendment does not.
Armed Forces Bill — House of Lords, 2021-12-08
Topic: Law and Crime
Annabel Goldie (Conservative, Centre-right): Yes, but with all respect, I say to the noble Lord that that is not the essence of the issue. The essence is instead how you create a service justice system which can operate across the United Kingdom and ensure that, when discussions take place with the appropriate civilian prosecutors, appropriate decisions are reached on the correct jurisdiction for the case. That might be, within the service justice system, convening in Scotland, but under the noble Lord’s amendment there is clearly a desire to bias the whole service justice system in respect of England and Wales to the civilian system, and I am saying that that introduces a disparity or fracture of the United Kingdom service justice system. That is what the Government find unacceptable The noble Lord, Lord Burnett, raised an important point—
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-12-08
Topic: Law and Crime
David Wolfson (Conservative, Centre-right): The reasoned explanation is that the Government believe that this is an offence which should be marked by a life sentence—a mandatory life sentence. The amount of time the person serves can be set by the judge in a tariff.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-12-08
Topic: Law and Crime
David Wolfson (Conservative, Centre-right): We are now having precisely the opposite debate to the one we had in Committee. In Committee, when someone said to me—I think it was the noble Baroness, Lady Jones—"this is a mandatory sentence" and I said, "but there are exceptions", it was said to me, "no, it is mandatory". Now, when I am trying to point out that it is not mandatory, in the sense that it is a mandatory life sentence but it does not mean you serve life in prison, that is said to be a slip of the tongue. I absolutely meant what I said: this provision sets out a mandatory life sentence, because the Government believe that is the right way to mark society’s horror at the killing of emergency workers, in the same way that we do for murder However, with murder, and in this case, the trial judge will have the ability to set an appropriate tariff. Also, unlike with murder, the trial judge can, in exceptional circumstances, depart from the sentence entirely, something which society and Parliament does not enable a trial judge to do in any murder case. With great respect to the noble Lord—
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-12-08
Topic: Law and Crime
David Wolfson (Conservative, Centre-right): My Lords, with genuine respect, the noble Lord is wrong if he thinks that that is what I have said. Let me be clear: if there are exceptional circumstances, the judge is entitled to depart from the sentence. In other words, the judge does not have to impose the life sentence. The judge will then decide what sentence to impose. With the greatest respect, I was right to say that if there are exceptional circumstances, the life sentence does not apply. If there are no exceptional circumstances, the life sentence does apply, and the judge will then set a relevant tariff.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-12-08
Topic: Law and Crime
David Wolfson (Conservative, Centre-right): My Lords, I have explained that. There is a difference between being given a life sentence with a 10-year tariff and being given a sentence of 10 years. That is a point that we all accept in the case of murder.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-12-08
Topic: Law and Crime
Douglas Hogg (Conservative, Centre-right): That is true, too, but the case of murder arises from the original bargain made with Parliament and the country at the time when capital punishment was abolished. That does not apply as an argument to what we are doing now.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-12-08
Topic: Law and Crime
David Wolfson (Conservative, Centre-right): My noble friend is absolutely right to say that that is the origin of the life sentence for murder. It was a deal done, if I can put it in those respectful terms, but we have life sentences elsewhere in our legislation as well. The point that I was seeking to answer—and, with great respect, I think I have answered it—was, as I understood it when it was put against me: what is the difference if the trial judge is going to give a tariff of x years, why not just have a sentence of x years? However, there is a difference, as we all recognise, between a life sentence with a tariff of x years and a sentence of x years. We can have a debate—
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-12-08
Topic: Law and Crime
David Wolfson (Conservative, Centre-right): I would not use the word "risk" at all. On the one hand, I am being charged with not trusting the judges and, on the other, giving the judges too much discretion. I am entirely happy with a trial judge having the ability to set an appropriate tariff in these cases, as trial judges do in all cases of murder. Whether the tariff given is four, 10, 15, 20 or 30 years is entirely a matter for the judge. I am entirely happy to trust the judge. However, it is absolutely right for Parliament to say that, in these cases, where somebody has committed an unlawful act that has led to the death of an emergency worker who was acting as such, a life sentence ought to be the correct response from the court. Two points arise. First, with great respect to the noble Lord, Lord Carlile, if there are exceptional circumstances, that sentence does not apply at all. Secondly, if it applies, the judge can impose a tariff.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-12-08
Topic: Law and Crime
David Wolfson (Conservative, Centre-right): My Lords, we have considered this. We restricted the new sentence to 16 and 17 year-olds to ensure that only older children who are convicted of this serious offence are given a mandatory life sentence, unless there are exceptional circumstances that mean it is not justified. Of course, exceptional circumstances are not just those relating to the offence but those relating to the offender. There is a precedent for this age distinction. The Criminal Justice and Courts Act 2015 also uses the age of 16 as a threshold to begin applying minimum sentences for knife-crime offences. So we have considered the point made by the noble and learned Baroness.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-12-08
Topic: Law and Crime
David Wolfson (Conservative, Centre-right): I know it is bad form, but perhaps I can answer in reverse order. I certainly was not saying that. Indeed, the point that I was trying to make was that I was not going to get into what an appropriate tariff would be in any case; I regard that as absolutely a matter for the trial judge. It is not helpful for trial judges or indeed anybody else for Ministers on their feet to hypothesise as to what they might think an appropriate tariff would be in a particular case. The tariff is entirely a matter for the trial judge, who will decide it in the way in which they decide tariffs in other cases of life sentences as well To the noble and gallant Lord—forgive me, I am not sure whether I have that right; he is proud not to be a lawyer, a point with which I sympathise—I say that we brought in this amendment as soon as we had thought about the policy and, we think, got it right. When we were thinking about this issue, there were there were a number of points in the policy that required very careful consideration. That took time and that is why it is happening now. I cannot say any more than that I was going to acknowledge another point made, but I think I have already responded.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-12-08
Topic: Law and Crime
Edward Garnier (Conservative, Centre-right): Like the noble Baroness, Lady Lister, I, too, apologise for not being here at the outset when my noble friend Lord Hailsham began. I know that next week we are going to talk about IPPs. That subject carries with it all the problems that this subject will bring with it. We now know that IPPs went wrong and have created injustices, and that there are people who have IPPs but short tariffs well past their expiry date and who are still in prison 10 or 15 years after their sentencing. Could we not learn the lessons from the IPP problem and, in order to help us learn those lessons, postpone a decision on this clause until after we have had the IPP debate, so that together we can draw a united conclusion about how best to move forward with justice?
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-12-08
Topic: Law and Crime
David Wolfson (Conservative, Centre-right): My Lords, the joys of the IPP debate are ahead of us. That raises very different points. The IPP sentence has different characteristics and the problems that it has given rise to are entirely different. I listened very carefully to the debate in Committee on IPPs, when a number of noble and noble and learned Lords expressed disquiet and tabled various amendments. They will know that I have had conversations with them about it. So I am entirely alive to the IPP issue, but that is completely separate from this issue. We consider that this measure is an appropriate response to this form of offending.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-12-08
Topic: Law and Crime
David Wolfson (Conservative, Centre-right): As I said, I am very alive to the IPP issues, as the noble Lord knows; but the IPP issue and the IPP sentence was a novel sentence which did things that other sentences did not do. Indeed, that is why it was brought in. The shape of this sentence, however, is not novel. It is the application to this particular offence that is new. With the greatest of respect, therefore, I disagree with the comparison to IPP sentences, which were themselves novel I hope that I have set out the government position clearly and fairly—
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-12-08
Topic: Law and Crime
David Wolfson (Conservative, Centre-right): I am very happy to be accused of all sorts of things, but I hope that nobody in this House believes that I act either towards it or towards any of its Members with discourtesy. We may have disagreements, but they are always, I hope, courteous. I am not in the least embarrassed about going back to the Ministry of Justice with or without anything. My task, as I see it, is to set out the Government’s position in this House and then the House has to take a view With great respect to the noble and learned Lord, I do not accept that this is a question of tweaking the provision or making it better. The points that have been put to me are really points of principle—people do not agree with this at all, while saying, "Of course we agree." The matter ought to be presented to the House and dealt with by it today.
Covid-19 Update — House of Lords, 2021-12-08
Topic: Macroeconomics
Syed Kamall (Conservative, Centre-right): I thank my noble friend for making those two important points. As we know from what happened previously, as a consequence of lockdown, many people were unable to have operations or even diagnoses. In fact, much of the waiting list—80%—is for diagnosis. It is too early to tell what the impact will be, but I will find out and write to her. It is quite clear that there will be a negative economic impact. I do not think one has to be the former head of research for an economic think tank to say that, but it depends on how long this lasts and what economic activity continues in the meantime. I will look at that.
Police, Crime, Sentencing and Courts Bill — House of Lords, 2021-12-08
Topic: Law and Crime
Susan Williams (Conservative, Centre-right): My Lords, I thank all noble Lords who have spoken to this group of amendments, which concern the data-sharing provisions in Chapter 1 of Part 2 of the Bill. I thank the noble Baroness, Lady Meacher, for the time she has given me today and the discussion we have managed to have. I actually think we sneakily agree with each other—but not for the same reasons. Before responding to her amendments and those of the noble Lord, Lord Paddick, I will deal with the government amendments in this group, which, if I may take the mood of the House this evening, appear to have attracted broad support Information sharing between relevant agencies is essential to the effectiveness of the serious violence duty. It is very important to note that it can be shared only in compliance with data protection legislation. Nothing in this Bill either waters down that legislation or breaches it. The duty will permit authorities to share data, intelligence and knowledge to generate an evidence-based analysis of the problems in their local areas. In combining relevant datasets, specified authorities, local policing bodies and educational, prison and youth custody authorities within an area will be able to create a shared evidence base on which they can develop an effective and targeted strategic response with bespoke local solutions. We can see this in other areas where local bodies work together Each of the authorities specified in the legislation has a crucial role to play, and it is vital that authorities are able to share their data to determine what is causing serious violence in the local areas. For example, information sharing can contribute to local efforts by allowing authorities to identify patterns and trends, geographical hotspots and the most vulnerable victims, much in the way that the noble Baroness, Lady Fox, outlined.