The noble Baroness, Lady Fox of Buckley, has withdrawn, so I call the noble Lord, Lord Vaizey of Didcot.
My Lords, imprisonment for public protection is a controversial sentence, but it has been seen to be effective in some high-profile cases. Has the European Court of Human Rights looked at these sentences and, if so, what conclusions has it drawn?
My Lords, the European Court of Human Rights and the Supreme Court looked at the IPP issue and found that detention post-tariff for such sentences could become arbitrary and thus unlawful where no opportunity for progress was provided by the state, but the state does provide opportunity for progression.
My Lords, we are doing it now, with the revenge porn intimate offences that already exist in criminal law. Of course, we will keep a very close eye on how the digital world and IT are moving forward and we will continue, with the Law Commission, to look at these issues.
My Lords, are the Government as concerned as I am about the exponential rise in the use of deepfakes, which are currently overwhelmingly used in pornography? It means that an image can be created to humiliate a victim without that image being real. As my noble friend mentioned the Law Commission review, can the Government make sure that the Law Commission looks at the use of deepfakes and ensures that their malicious use is a sexual offence, so that the victim can remain anonymous, rather than an offence of malicious communications?
The Government absolutely agree that it is important to ensure that the criminal law keeps up with the constant changes in technology and the use of social media in all its forms. That is why the Law Commission’s review of the law relating to taking, making and sharing intimate images specifically includes deepfakes and the creation and dissemination of realistic, manipulative images within their terms of reference.
(4 years, 2 months ago)
Lords ChamberThe impact that the SI will have on the BAME groups—as the noble Lord said, they are disproportionately represented in the remand population—has been carefully considered. To this effect, an equalities impact statement has been undertaken to explore any potential disproportionate effects. This will ensure that the extension is a measured and necessary means of protecting the public and that justice continues to be served.
My Lords, the National Criminal Justice Arts Alliance represents 900 arts organisations that do magnificent work in our prisons and with offenders and ex-offenders. Does my noble friend agree that the pandemic is an opportunity for the Government to engage further with this arts alliance, considering that so many arts organisations are struggling to stay open, and that it could be engaged further to make an impact on some of the issues that noble Lords have already mentioned, such as education and mental health?
My noble friend is absolutely right. I thank him for his work with the National Youth Theatre and Music Masters, which does a lot of work with disadvantaged young people. The alliance has 900 organisations as members, which undertake successful arts projects with both sentenced offenders and those on remand. Covid has curtailed some of its work but we hope that it will get back to working hard in our prisons very soon.