Police, Crime, Sentencing and Courts Bill

Debate between Lord Beith and Baroness Fox of Buckley

Lords Hansard - Part 1 & Report stage
Wednesday 8th December 2021 Lords Chamber

[Baroness Fox of Buckley (Non-Afl)]

My Lords, I cannot speak as eloquently as the speakers we have just heard, but I want to say that this feels so much like law made by press release, and law made to virtue-signal, that I feel incredibly uncomfortable about it.

We want to say to emergency workers that we will protect them if they are at risk, but we know that the emergency worker in this instance, PC Harper, was not the target of the crime; it was not intentional to kill an emergency worker. So I do not see even how this operates as a deterrent, because it is not aimed at people who have put those emergency workers at risk, even though those workers have accidentally been killed in the pursuit of a criminal act that is, I accept, dangerous.

There is an exception, which is that the trial judge can make an alternative sentence in “exceptional circumstances”. But, as has been pointed out, the trial judge can already make an alternative sentence—a full life sentence in some circumstances—so why emphasise it, unless it is a political policy statement? It is not a matter of law; it is a question of saying, “We will be hard”, and it will inevitably lead to great injustice. The fact that 16 and 17 year-olds have been included means that very young people could now have mandatory life sentences for manslaughter, with no discretion, and no discretion encouraged. It is so wrong and brought in for all the wrong reasons.

[Lord Beith (LD)]

My Lords, I share many of the reservations expressed already and the analysis given on both the provision and the circumstances which have led to it. I ask the Minister, in his response to the debate, to deal with one of the points raised by the noble Viscount, which is the discretion that might be available to the judge in deciding what tariff accompanies the sentence, as opposed to the provisions of proposed new subsection (2), which give slightly more power—I refrain from defining it as a wider power—in exceptional circumstances to the judge to impose a different sentence altogether.

One thing the Minister did not cover in his helpful introduction was the extent to which the tariff provisions interact with this. I would be grateful if he could explain that, in case he can give us any reassurance about what seems to be the danger of making general law out of a particular case.

Police, Crime, Sentencing and Courts Bill

Debate between Lord Beith and Baroness Fox of Buckley

Committee stage & Lords Hansard part one
Wednesday 20th October 2021 Lords Chamber

[Lord Beith (LD)]

My Lords, I entirely accept that this is a real problem, but real problems require real solutions that have some chance of being effective. I cannot imagine anyone who commits an assault on a police officer or emergency worker actually knowing what the maximum sentence is for that offence—still less that the Government are currently increasing it. That information might just get through to the newspapers for a week or two, but there is no measurable deterrent effect from something that people do not know much about anyway. Most people must realise that if they get caught assaulting an emergency worker they will get into some kind of trouble, but whatever impels these dreadful assaults is clearly not likely to be affected by what is happening here.

What happens when you increase the maximum sentence? If you achieve generally longer sentences, you have made a commitment of resources. The question has reasonably to be asked: is this the best way of spending money to try to stop emergency workers being attacked? We must therefore look at any other measures that you can reasonably take that would have that effect, if, as I contend, there is no evidence that increasing the maximum sentence will lead to any reduction in attacks on emergency workers or police officers.

This is just one of many examples, and there are others that we will perhaps debate more fully later in the Bill, where the Government rush to have something to say—lengthening the maximum sentence certainly looks like having something to say—but it does not have the effect in the real world that we all desire.

[Baroness Fox of Buckley (Non-Afl)]

My Lords, I am a bit too squeamish to discuss Amendment 9 but I wanted to reflect on Amendments 10 and 11 and to follow on from some of the comments just made about the deterrence factor and expanding how long people are threatened with jail for.

I thought the Bar Council raised some very useful challenges for us to consider in relation to the section of the Bill dealing with assaults on emergency workers. The Bar Council asks us to consider if increasing the maximum penalty for such assaults is necessary or commensurate or whether it will work. It notes the limited evidence. I thought when I was listening to the noble Lord, Lord Paddick, who I was very compellingly convinced by, that it can feel a bit like virtue signalling rather than tackling the problem.

I was particularly interested in a slightly different point from the one that has been made and was struck by what the Bar Council said in relation to, I think, these amendments: there is a danger of creating a disparity between the penalties for attacks on emergency workers and those on other workers, and indeed a disparity between attacks on emergency workers and those on members of the public. There is an offence of common assault that should be considered a serious offence whoever is on the receiving end of it. Whoever is attacked, I would want the law to deal with it.

We heard from the right reverend Prelate how, if you start saying that an attack on this particular group of workers has to have a particular length of sentence, that might make other groups of workers—in this instance, in prisons—feel as though they are being neglected or somehow are not as important. We therefore have to be nervous about differentiating between categories of workers because that might end up being divisive, implying that front-line workers in some jobs are more important than others.

As a former teacher who has worked in the education sector—I worked with some challenging young people and was on the receiving end of some common assault, let us put it that way—I have been following closely the case of Professor Kathleen Stock, a feminist philosophy academic at Sussex University, whom the police have advised should not return to her place of work on campus because of the danger of violence from some self-styled anti-TERF activists. There have been all sorts of threats and harassment. They even have a special phone number for her to ring. There are other teachers who face this.

I raise that because when it comes to this kind of threat, that kind of potential violence and those kinds of assaults, it does not matter if you are a front-line worker. I do not know why the “emergency” bit should give you an extra penalty. I am not advocating for a special penalty for attacks on education workers. I just do not want people on the front line to feel that some are more important than others.