Criminal Justice System

Debate between Lord Austin of Dudley and Linda Riordan

Wednesday 17th October 2012 Westminster Hall

[Ian Austin (Dudley North) (Lab)]

I congratulate my hon. Friend the Member for Manchester Central (Tony Lloyd) on securing the debate. I would like to follow on from some of the points made by the hon. Member for Totnes (Dr Wollaston) and my right hon. Friend the Member for Exeter (Mr Bradshaw) and ask the Minister to look at the sentences that drivers receive after killing or injuring cyclists, which many people feel are often derisory.

For example, British Cycling employee Rob Jefferies was killed when he was hit from behind on an open, straight road in broad daylight by someone who had already been caught for speeding. Unbelievably, the driver got just an 18-month ban, a retest, 200 hours’ community service and a small fine. That was in line with the guidelines, so there was no hope of an appeal. Mr Jefferies’ brother, Will, is following this debate. He said:

“The present state of the law meant that his killer could never receive a sentence proportionate to the crime.”

The lorry driver who killed another cyclist, Eilidh Jake Cairns, admitted in court that his eyesight was not good enough for him to have been driving. He was fined just £200. He was free to drive again immediately. Unbelievably, 18 months later, he knocked down and killed Nora Gutmann, an elderly pensioner. His eyesight was still poor and he was not wearing his prescribed glasses. If he had been convicted of causing death by careless driving the first time, he would have been given a driving ban and would not have been able to kill Nora Gutmann. The justice system failed not only Eilidh, but Nora.

When Cath Ward, who worked for the police in the west midlands, was knocked off her bike and killed, the driver was convicted of careless driving and received just a short driving ban. Cath’s friend, Ruth Eyles, wrote to me:

“What shocks me is that the driver who killed Rob Jefferies will be able to drive again in 18 months…If that young man had had a legal firearm and had accidentally shot and killed someone through carelessness, would he be given a new licence 18 months later?”

All too often, incidents in which people are seriously injured are downgraded from dangerous driving to careless driving because it is easier to secure a conviction, but a conviction for careless driving usually results in the driver just having to attend a course.

We need a comprehensive review of how the justice system operates when people are hurt or killed on the roads that includes, first, a full analysis of how the police and coroners investigate such cases; secondly, a review of the charging standards and legal guidance used by the CPS; thirdly, a full examination of the offences available to the CPS, particularly causing death by careless driving; and fourthly, a review of the sentencing guidelines to ensure that they adequately reflect the actual or potential consequences of an offence.

British Cycling, of which I am a member, has called on the Ministry of Justice to start a review. Despite repeated letters and 78 MPs signing an early-day motion in favour, it has had no response to its request. I congratulate the Minister on her appointment and welcome her to her post. Is she prepared to meet a delegation from British Cycling to discuss justice on the roads in more detail, as the organisation has requested? Is she prepared to undertake a review of the justice system?

[Mrs Linda Riordan (in the Chair)]

Order.

Police Stations (Overnight Staffing)

Debate between Lord Austin of Dudley and Linda Riordan

Tuesday 6th December 2011 Westminster Hall

[Ian Austin (Dudley North) (Lab)]

I am grateful to have the opportunity to bring this matter to the House’s attention. [Interruption.]

[Mrs Linda Riordan (in the Chair)]

Order. Will people leave quietly?

[Ian Austin]

I am grateful to have the opportunity to ask the Minister a series of questions about the proposed evening closure of Dudley police station, and, as we can see from the presence of other Labour Members, other stations in the west midlands. I want to express my admiration and support for West Midlands police, led by our chief constable, Chris Sims—[Interruption.]

[Mrs Linda Riordan (in the Chair)]

Order. Could you wait until the public have left the Chamber?

[Ian Austin]

I think those in the public gallery have done their bit. They have every right to have their case heard.

Led by Chris Sims and his senior colleagues, the force has seen crime across the region fall over the last few years, but many of us are worried that the force will find maintaining its performance impossible, because it is being forced to cut its budget by £126 million over four years. It is losing 14.5% of its funding, one of the biggest cuts in the country. As a result, the force is losing 1,250 officers, recruitment has been frozen, and experienced and valuable officers are being forced to retire early because they have completed 30 years’ service. Other savings are being made in back office functions and administrative functions as well.

The force is now proposing that the front desk at Dudley and a number of other police stations be closed to the public during the evening or overnight. Dudley’s front desk has been closed to the public between 10 pm and 7 am for the last four years or so, but under the new arrangements the front desk would close at 6 pm and not open again until 10 am the next morning. I think it is fair to say that were it not for the need to save £126 million, West Midlands police would not have put this proposal forward. However, they have to make savings and they have put forward a number of arguments, which I will set out and deal with.

First, it is said that

“The review of front offices found that public demand is very low in the evenings and overnight and recommended that staff be redeployed back into contact centres to increase the efficiency of call handling.”

Secondly, the force will

“continue to provide 65 front offices open to the public; a service to local communities far wider than most other police forces offer across the country.”

Thirdly,

“households will never be more than four miles from a 24/7 police station”.

Finally, the force is looking for other locations in which to meet the public and more modern ways of communicating, such as Twitter and Facebook. The force has established a new appointments system so that officers will visit the public instead of expecting the public to come to them.

I am all in favour of new ways of communicating with people and having more locations in which the public can meet the police, but there are specific factors in relation to Dudley which I am not convinced the current proposals have taken into account. As soon as the proposals were brought to our attention, my colleague Councillor Shaukat Ali and I launched a petition asking that the proposal for Dudley police be dropped. The fact that more than 2,000 residents signed our petition in just a fortnight illustrates the level of local concern. Residents, businesses, publicans and students in the town all expressed their concern. The Central Dudley Area Committee held an emergency meeting and unanimously called for the proposal to be dropped.

There are a number of specific factors in relation to Dudley. First, the nearest station run by Dudley police for many will be at Brierley Hill, five or six miles away for many residents. Secondly, I receive frequent complaints about antisocial behaviour on estates near the town. Much of this obviously occurs during the evening, and people strongly value having a station open should they need it. Thirdly, Dudley is the largest town on the list and I do not think there is anywhere of similar size in the region that would not have a station open to the public in the evening.

I am all in favour of using new methods of communicating with people, but it is to the West Midlands force’s credit that it operates so many more open front desks than other forces. The fact that there is a busy and active, fully staffed station is very important to traders and shoppers.