Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Lord Bach and Baroness Linklater of Butterstone

Tuesday 7th February 2012 Lords Chamber

[Baroness Linklater of Butterstone]

My Lords, I rise to add briefly to what has been said for two reasons. The first is the growing concern in the business about the lack of adequate work being carried out on behalf of people in this age group. They are missing out. In missing out, they bring in their wake a whole range of the problems and difficulties that we have been talking about. It means that they are more vulnerable and needy, and that they need more attention.

Anecdotally, I should say that I have sat in on referral orders, particularly the restorative conferences that are now run rather routinely. These are remarkable and really quite moving occasions. A young 18 year-old suddenly faces the reality of what it was they unthinkingly had done, and how important that is. It is also important in the context of the ongoing support that the referral order requires and thus implies in terms of support from the probation service. It is right to say that this does not come without a price tag, but when you compare price tags you realise where the dice should fall, and therein lies the challenge for the Government because everyone is judging them on where they are going to make cuts. It is an extremely difficult equation which does not really measure up, except to say that if we do not address this hitherto undersupported group, we are going to pay a huge price. The referral orders that are being discussed are really very creative and impressive, and mark a good way forward.

[Lord Bach]

My Lords, I can be very short. These are amendments that appeal to us, too. Referral orders, which were created in the Youth Justice and Criminal Evidence Act 1999, seem to work pretty well. Increasing the age from 18 to 21 is a sensible course to take. The noble Baroness, Lady Howe, asked whether they should not be extended to an age greater than 21. We talked in the previous debate about the crucial years between 18 and 25, and 21 seems a slightly arbitrary figure. I think that I understand why it is in the amendment, but it would perhaps make more sense if the age went between 18 and 25. Twenty-one is not an age where you begin to say, “This is where offending ceases”; it is usually a bit later than that, although it is very difficult to generalise on such things. If we are going to take this course—we will certainly be interested to hear what the Government have to say about it—to extend the age from 18 to 25 would be a better course than from 18 to 21.

As far as the probation service is concerned, there are great concerns, as my noble friend Lord Judd has said. The second amendment in this group quite rightly suggests that the probation service is probably the best venue for those over 21. Once again, we look forward to hearing what the Government’s attitude is towards this innovative idea.