Criminal Justice and Courts Bill

Baroness Mallalieu Excerpts

Monday 21st July 2014 Lords Chamber

[Baroness Mallalieu (Lab)]

My Lords, I intervene briefly. I have deep unease about this clause for a number of reasons that have already been given by the noble Lords, Lord Marks and Lord Deben. I hope that the Minister will be able to help me further.

I do not like mandatory sentences. As someone who has practised in the courts for 40 years on both sides, I have seen a great many cases involving knives. I have seen the consequences of them and I have dealt with many people whose lives have been devastated by their use. However, mandatory sentences lead inevitably, in a very small number of cases perhaps, to injustice. There must always be a proper discretion for the judge who hears the facts and sees the people involved to make the right decision on sentencing. I do not like gesture politics either, and sometimes as a result of pressure we are led to amendments in this House which are not going to be the right route to getting the best result.

I should be grateful if the Minister could help us about the discretion currently contained in the clause. The noble Lord, Lord Marks, interpreted the word “particular” in Clause 25(2B) as something exceptional. I would like to know whether he is right. Could “particular circumstances” of the first offence not be the circumstances which relate to the offender and therefore allow judicial discretion to be exercised? It would seem wholly wrong if the circumstances of the first offence were relatively trivial. I can think of an occasion when someone came to see me in this House wearing a Barbour mac which he had worn on the farm in which was a knife that was discovered as he tried to come into the House. He had no idea that he had the knife with him, which he used for cutting straw bale string. It is incredibly easy for somebody to be carrying a knife without appreciating the first time what has happened. I take what the noble and learned Lord said about the second occasion, but although we often speak in this House about sending messages, I doubt very much whether many 16 to 18 year-olds are sitting reading Hansard and taking them in. They may get around in the street. Can a judge really not take into account the trivial circumstances of the first offence when he has to decide whether to impose a custodial sentence? I agree with what the noble Lord, Lord Deben, said about the complete lack of help that a custodial sentence almost inevitably gives to a young person.

[Baroness Butler-Sloss (CB)]

My Lords, I deplore the carrying of knives, as do all of us in this House. I shall make two short points to support the noble Lord, Lord Marks. First, I am sad to disagree with the noble and learned Lord, Lord Mackay of Clashfern, but my experience of teenagers is that those between 16 and 18 would probably not take the slightest notice of a deterrent, as has already been said. Those who are slightly older—over 18—might, but from my experience as a family judge, I doubt that this would be a deterrent to 16 or 17 year-olds.

Secondly, I sat occasionally in crime, and was not very good at it, but I find it quite extraordinary that successive Governments seem totally unable to trust the judiciary to come to the right conclusion. We know from previous speakers that judges already have all the powers they need to deal with a second offence, to deal with it strongly and to put people away for much more than six months. For those two reasons, I very much support the noble Lord, Lord Marks.