Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Lord Clarke of Nottingham and Geoffrey Cox

Wednesday 2nd November 2011 Commons Chamber

[Mr Clarke]

I apologise to the right hon. Gentleman, but I must press on. Other Members wish to speak and I do not want to take up all the time.

I will turn to the sentencing provisions. We have gone through major reforms in sentencing that contain many common-sense measures, which have not been debated much but which are intended to simplify the system and give greater professional discretion in many cases. The biggest controversy has concerned the repeal of indeterminate sentences, which was accepted very readily by most Members yesterday. That is a much overdue reform. The introduction of indeterminate sentences never worked as people intended. It was a major mistake and a major blot on our justice system that would not have survived challenge in either the British courts or in Strasbourg if it had carried on much longer. We have put in place a system of long determinate sentences for the most serious criminals, which I think gives protection.

We have not debated the other difficult area, knife crime, over which there was some controversy. The Government are determined to get the message clearly across to the public that knife crime will not be tolerated. We wish to stop people believing that knife crime will not be punished properly in the criminal justice system. For that reason, we tabled proposals introducing a mandatory sentence of six months for adults who are guilty of threatening with a knife in circumstances where it might cause physical injury, which is a new offence we have created. That is in line with the six months already specified in the sentencing guidelines for that kind of offence, but it makes it clear that that sentence should normally be expected automatically for that offence, unless it would otherwise be unjust to do so.

Amendments were tabled by my hon. Friend the Member for Enfield North (Nick de Bois) and by the Opposition seeking to extend that proposal to juveniles. I am glad to say that, following discussions with my hon. Friends the Members for Enfield North and for Enfield, Southgate (Mr Burrowes)—the latter is a Parliamentary Private Secretary and so cannot table amendments—we finally agreed, that as 30-odd Back Benchers supported the amendments, to introduce a mandatory offence for 16 and 17-year-olds. Again, that sounds rather formidable, because I am not very keen on mandatory sentences for juveniles, but the offence is very serious, and it is only for 16 and 17-year-olds and—

[Mr Geoffrey Cox (Torridge and West Devon) (Con)]

Will my right hon. and learned Friend give way?

[Mr Clarke]

I will in just a second.

The offence also confirms that the court, at the same time, will have to have regard to the duties under the Children Acts, which mean—