Sentencing Bill [HL]

Baroness Kennedy of Cradley Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Thursday 25th June 2020 Lords Chamber

[Baroness Kennedy of Cradley (Non-Afl) [V]]

My Lords, first, I join other noble Lords in putting on record my thanks to the Law Commission and the many others who have participated in the consultation and outreach work, for all they have done to deliver this Sentencing Bill. I agree with their comments and many others made by noble Lords with regard to sentencing. Having laws spread over multiple pieces of legislation has made our processes complex, inefficient and lacking in transparency, and has clearly led to errors in justice.

I therefore welcome this Bill. The Single Sentencing code should go a long way to increasing public confidence in the sentencing process, and should make it easier, quicker and more transparent. I believe, as I have said in this House before, that the public want transparency and accountability in our criminal justice system. So, measures like this, which seek to provide greater clarity and make our sentencing procedures more easily understood, are welcome progress. As other noble Lords have said, I too was concerned to note the research referenced in the Law Commission report, which found that sentences in 36% of its sample cases were unlawful; this is unacceptable and a truly shocking figure.

If this snapshot is representative of the level of incorrect sentencing that has been going on, there must be many more wrongly decided cases out there. Can the Minister tell us what action the Government have taken in this regard since the research was done in 2012? Have the Government made their own estimate of the level of unlawful sentences, or reviewed cases in the Law Commission sample to identify errors, learn from them, take action and, maybe, amend the sentences guidelines accordingly? Do the Government expect that the Sentencing Code will solve the issue of unlawful sentences once and for all?

Finally, I particularly welcome the clean sweep provision but can the Minister clarify how the listed exceptions in any future legislation will be dealt with, without adding back in the layers of complexity that this Bill seeks to remove? I end by saying that this Bill ensures clarity and transparency and improves the service provided to the public, in terms that build their confidence in the sentencing process. It is, therefore, a welcome step.