Criminal Justice and Courts Bill

Debate between Baroness Manzoor and Baroness Scotland of Asthal

Monday 21st July 2014 Lords Chamber

[Baroness Manzoor (LD)]

My Lords, I, too, had not intended to speak, but I feel moved to do so on this occasion. We have judges for a reason, and if we set a precedent in relation to this particular issue, I think that we will put ourselves on a slippery path of setting other mandatory sentences in the future.

[Baroness Scotland of Asthal (Lab)]

My Lords, I, too, was not going to add my voice to this debate, but I feel compelled to do so for two reasons. The first is because this is an issue which has been troubling the House for quite some time and we have had a number of debates about it over the years. There is an issue about whether we believe that judges, when they issue sentencing guidelines, are able to do that which a number of Members of this House want in terms of deterrence. A judge’s guideline which indicates that for a second offence the expectation will be imprisonment does have a profound effect.

Secondly, I refer to the period of imprisonment, which is to be four to six months. Those of us who have been burdened with the joy of helping to deliver the criminal justice system know that a period of imprisonment of four to six months is the least effective term there is. Very little opportunity arises in which to do a needs-based assessment with the offender, to do a skills analysis, and then to be able to ascertain how best to intervene and interrupt the pattern of criminality, if one has already been established. If we are thinking about the efficacy of a sentence, this, I must respectfully say to the Committee, seems to be the least efficacious. I would hope that we can trust the judgment of our judges and invite them, if there is not now a strong guideline in relation to sentencing, to provide us with one.