Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Lord Clarke of Nottingham and Andrew George

Tuesday 17th April 2012 Commons Chamber

[Mr Clarke]

Of course there can be borderline cases, but, with great respect to my hon. Friend, in the vast majority of cases it is fairly obvious whether one is arguing a point of fact or a point of law. In an ordinary welfare case, the question will be whether someone is fit for work or not fit for work, or living or not living at a particular address. When a point of law arises whereby it is not a question of the complexity of the regulations but of the actual meaning of the regulations, somebody like a tribunal judge will know that instantly and think, “That is quite an interesting point of law that I’ve not had before; this will go to the upper tribunal and I will certify that it would be rather nice to have some guidance.” In the end, we have to leave it to tribunals themselves to decide on the facts. Some may be blurred, but by and large, in the vast majority of cases, they will be reasonably clear.

[Andrew George (St Ives) (LD)]

rose—

--- Later in debate ---

[Mr Clarke]

I will give way once more and then I must get on; otherwise I will take up all the time available myself.

[Andrew George]

Further to the points made by my right hon. Friend the Member for Carshalton and Wallington (Tom Brake), does the scope of the Secretary of State’s amendment exclude lower-tier tribunals, or can it be interpreted in such a manner that lower-tier tribunal appeals that are brought forward on the basis of evidence relating to a matter of law and then taken to an upper-tier tribunal might be included without the need for further regulations?

[Mr Clarke]

I have obviously failed to make myself completely clear, so I will try again. As it stands, the Government’s amendment in lieu applies only to upper tribunals. The right hon. Member for Carshalton and Wallington and others argue that something similar should be available in lower tribunals and in other cases. I have undertaken to explore whether we can find an alternative method of identifying those limited numbers of cases and getting them certified when they involve a legal principle. As the matter has been raised at this stage of the debate, we have to fall back on saying that we would use our regulation-making powers through a statutory instrument, because we could not possibly draft primary legislation to cover it in the few days that we have left.

Oral Answers to Questions

Debate between Lord Clarke of Nottingham and Andrew George

Tuesday 28th June 2011 Commons Chamber

[Mr Clarke]

The Sentencing Council is already under a duty to provide information about the effectiveness of sentencing practice and I am sure that it supplements that advice and information in every possible way. As I have said to my hon. Friend the Member for Kettering (Mr Hollobone), we will certainly consider the feasibility of doing such a thing, as it would be valuable, but we are talking about a vast number of cases and not every judge will find it possible to find out exactly what happened in later years to everybody who appeared before him.

[Andrew George (St Ives) (LD)]

4. What steps he plans to take to protect the public from persons convicted of violent offences.

Oral Answers to Questions

Debate between Lord Clarke of Nottingham and Andrew George

Tuesday 11th January 2011 Commons Chamber

[Andrew George (St Ives) (LD)]

10. What plans he has to ensure adequate support for victims and their families during the criminal justice process.

[The Lord Chancellor and Secretary of State for Justice (Mr Kenneth Clarke)]

Victims and their families are supported through a number of schemes, including joint police and Crown Prosecution Service witness care units, the witness service and, in the case of bereaved families, the homicide service. Their rights are enshrined in law under the code of practice for victims of crime. We do, however, continue to seek ways to improve the care offered to victims through the criminal justice process.

[Andrew George]

I am grateful to the Secretary of State for that answer. There are cases in which victims, including deceased victims, have their reputation defamed during a case, in particular when mitigation is being advanced. A Victim Support report in December found that as many as 44% of victims or their families were not made aware of their right to make a victim personal statement. What are the Government doing to ensure that victims are given full support and are aware of their rights?

[Mr Clarke]

I share the hon. Gentleman’s feeling on the importance of victim personal statements. In the cases that he describes of victims being defamed in mitigation, it is important that victim personal statements are properly made and responsibly reported. We are doing our best to encourage that and are considering how we can ensure that such statements become a more usual practice.