Criminal Justice and Courts Bill

Baroness Bray of Coln Excerpts

Tuesday 17th June 2014 Commons Chamber

[Angie Bray (Ealing Central and Acton) (Con)]

I support this Bill. It contains important measures, including tougher sentences for terrorist offences, an end to automatic early release for paedophiles and terrorists, a reduction in the use of cautions, and streamlining of certain court procedures. I fully support the clampdown on the handing out of cautions for serious and repeat offenders. I congratulate my hon. Friend the Member for Enfield North (Nick de Bois) on his excellent and successful new clause on knife crime. We need to send out the clear message that repeat knife crime will not be tolerated.

[Stephen McPartland (Stevenage) (Con)]

Hertfordshire is a very safe place to live—one of the safest in the country. However, just over a week ago in my constituency, an argument got out of control and resulted in two people stabbing one another, so knife crime is a problem. If we do not stop the scourge of people carrying knives, we will not be able to stop people using them.

[Angie Bray]

I agree that the issue is about sending a message that carrying knives is not acceptable, so education will be a part of it and the deterrent effect will be a part of that.

I want to speak briefly to clause 19 in part 1, largely because it started life as a new clause that I tabled in Committee. To my delight, it was accepted by Ministers at that stage, with welcome support from both sides of the Committee. The clause proposes a small but potentially highly significant change to the Malicious Communications Act 1988, making offences under it either-way rather than summary-only offences. In short, it will allow magistrates to refer certain malicious communication offences—the most egregious, at least—up to the Crown court for tougher sentencing.

The other crucial aspect of the change is that the six-month time limit on bringing a case to court will be dropped, leaving more time to investigate where necessary. I hope and believe that one of the key effects will be to provide for much tougher penalties for the worst cases of cyber-bullying and, consequently, that there will be much more of a deterrent.

My interest in pursuing this matter was first aroused by a visit to my Ealing surgery by constituents whose daughter had been the victim of appalling sex texting by a neighbour. The girl was 14 at the time and he was in his 40s. They were desperately disappointed, because even though the man admitted to the texts, the Crown Prosecution Service was unable to identify an offence that the courts could accept. He eventually walked free from the Crown court and any chance of prosecution under the Malicious Communications Act had gone because of the six-month time limit.

That appalling situation was unacceptable—there must be many more like it—and it needed a legal remedy. After taking advice from numerous colleagues with a legal background, including the Attorney-General, whom I thank for his time, the local police and the National Society for the Prevention of Cruelty to Children, I saw this small but important change shaped and accepted by my right hon. Friend the Justice Secretary and his ministerial team. I thank Ministers for their ready support for the measure and I am delighted that it was incorporated into the Bill with the support of all those who served on the Committee. The family who came to see me are so pleased, and I hope much good can come from it.