Criminal Cases Review Commission

Debate between Baroness Butler-Sloss and Lord Ponsonby of Shulbrede

Wednesday 7th May 2025 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

The Ministry of Justice has increased the CCRC’s budget year on year since 2020-21. The budget for 2025-26 has been set at £10.1 million, which is an increase of 38% since 2021-22. We recognise the need for increased resource, a recommendation made by the report to which the noble and learned Lord, Lord Garnier, put his name. That report made other recommendations, which will be taken into account in the review that will be undertaken.

[Baroness Butler-Sloss (CB)]

My Lords, someone who works for me may have been unjustly sent to prison well over 10 years ago. Is it not time that the entire commission is set aside and new people appointed, with everything done as a matter of some urgency?

[Lord Ponsonby of Shulbrede (Lab)]

The noble and learned Baroness is right to say that there is concern with the CCRC. The Lord Chancellor has recognised that and has put in place the framework, if I can put it like that, to consider change, which may be radical change—we wait to see. There certainly are concerns with the operation of that body.

Sentencing Council Guidelines

Debate between Baroness Butler-Sloss and Lord Ponsonby of Shulbrede

Thursday 3rd April 2025 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

I thank the noble and learned Lord for his wise words and his analysis. Of course I acknowledge the point he made about resources. I earlier pointed to the discrepancy between youth and adult pre-sentence reports. The fact of the matter is that it is a resource issue. This is one very specific example, but the noble and learned Lord’s general point is absolutely right.

The other point the noble and learned Lord made about the interdependence of judges and the political leadership, if I can put it like that, as well as the independence, was also right. Protecting that is very important. Nevertheless, we believe that this example of the way different ethnic groups should be addressed within sentencing guidance is a policy issue. That is why my right honourable friend the Lord Chancellor has acted as she has in introducing this specific and targeted Bill. Nevertheless, the more general point that the noble and learned Lord makes about the importance of partnership and discussion is right. I thank him for making those points.

[Baroness Butler-Sloss (CB)]

My Lords, may I respectfully agree with every word that the noble and learned Lord, Lord Thomas, said, and ask a practical question? We have heard that there are likely to be more probation officers and more resources. Does that mean that judges and magistrates will have the opportunity to ask for more pre-sentencing reports?

Data (Use and Access) Bill [HL]

Debate between Baroness Butler-Sloss and Lord Ponsonby of Shulbrede

3rd reading
Wednesday 5th February 2025 Lords Chamber

[Baroness Butler-Sloss (CB)]

Before the noble Lord sits down, may I ask him about the aspect of deterrent? You may have someone—or a company—who is inordinately rich, or someone who is extremely poor, for whom, as he knows, a fine will not work because they do not have any money. There will be instances where a fine would not do but the deterrent would be the possibility of prison.

[Lord Ponsonby of Shulbrede (Lab)]

The noble and learned Baroness makes a fair point. In practice, this offence is very likely to be charged with the threat to share and other offences, which are of course imprisonable in their own right. As I said, there is no limitation to the number of offences that can be charged. We think it more appropriate that this be a fine-only offence, given the plethora of other offences which can be charged in this field.

Legal Aid: Social Welfare and Family Law

Debate between Baroness Butler-Sloss and Lord Ponsonby of Shulbrede

Monday 18th November 2024 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

I thank the noble Viscount for that question. As he will be aware, the department is going through an allocation process as a result of the recent Budget. The question of sitting hours and days will be looked at as part of that allocation review. He raised the question of an intermediate court, which I think was in the Auld report. That is being looked at, but a number of questions arise from that suggestion, which was made more than 20 years ago. I can say to the noble Viscount that it is something that is being considered.

[Baroness Butler-Sloss (CB)]

My Lords, as the Minister will know from his past life, many unrepresented litigants appear before family judges and magistrates without any legal advice. Very often, there have to be adjournments because the facts are not available because the parties are so in dispute they cannot give an accurate account. Does the Minister agree that this is not only a waste of court time but a waste of money? Early legal advice in family cases would save a great deal of money.

[Lord Ponsonby of Shulbrede (Lab)]

Of course, I am sympathetic to the point the noble and learned Baroness makes. As she said, I have substantial experience of dealing with litigants in person in family courts. The debate about early legal advice is also being considered as part of the allocation arrangements as a result of the Budget, but I am sympathetic to the point she makes.