The Bill also contains provision for the court to reduce the mandatory minimum sentence by up to 20 per cent. This is to provide an incentive for those who are guilty to plead guilty at an early stage, thus avoiding unnecessary and costly Crown Court trials. It has been suggested that the proposals in the Bill for mandatory sentences will remove the discretion of judges. Well, to a limited extent they do. But there is nothing unique in the suggestion that Parliament should, in certain circumstances, prescribe such penalties.
Mandatory penalties are already a part of our criminal justice system.
For example, the mandatory penalty for murder is life imprisonment. Disqualification from driving is obligatory for certain serious road traffic offences, such as causing death by dangerous driving or driving when under the influence of drink or drugs, and the disqualification must be for at least 12 months. Only if there are special circumstances may the court set aside the mandatory requirement to disqualify. The loss of discretion arising from the proposals in the Bill should not be exaggerated. The proposals are carefully targeted and narrowly focused.