Victims and Witnesses Strategy

Debate between Lord Clarke of Nottingham and Ian C. Lucas

Monday 30th January 2012 Commons Chamber

[Mr Clarke]

Nowadays, victim support officers will talk to witnesses before they attend court, and it is possible for witnesses to be shown the court beforehand—certainly they will be taken through the process that they can expect to be followed. It is essential to the rules of justice, however, that evidence be properly tested. If we are to deal severely with criminals, we have to ensure that the person convicted actually committed the offence. It is right, therefore, that he—or, better, his representatives—has the opportunity to test the evidence against him if he maintains his innocence. Judges have powers to intervene if the questioning becomes offensive or irrelevant, but in the light of recent cases we are considering how to strengthen those powers so that offenders do not gratuitously add insult to their offence. It is difficult, however, because one can treat an offender with proper severity only once he has had every opportunity to maintain his innocence and the court has found that he is lying and guilty.

[Ian Lucas (Wrexham) (Lab)]

Following the question from the hon. Member for Shipley (Philip Davies), may I ask whether the Government have specifically considered whether convicted criminals excluded from an application under the scheme could take their case to the European Court of Human Rights? This is a legitimate point.

[Mr Clarke]

We must ensure that the approach is proportionate and the circumstances appropriate. The hon. Gentleman, who raises a perfectly serious point, will see his question canvassed in the consultation document. It is not for me to suggest circumstances in which difficulties might arise. However, if someone was convicted for shoplifting and then, a year or two later, was the victim of an extremely serious assault in unrelated circumstances, that might be an exceptional case. If someone with a previous conviction has got themselves injured intervening to protect another victim from another crime, that, too, might be an exceptional case. I do not want to sketch out all the exceptional cases, however, because there would not be many of them. Nevertheless, I think that we can protect ourselves against challenge as long as it is possible to consider those cases. However, the bulk of criminals should not be entitled to payment from the taxpayer when they are victims of crime themselves.

Sentencing Reform/Legal Aid

Debate between Lord Clarke of Nottingham and Ian C. Lucas

Tuesday 21st June 2011 Commons Chamber

[Mr Clarke]

My hon. Friend talks common sense about where we are with the legal aid system. I still think it is important to have a legal aid system to enable vulnerable people and people at serious risk to protect their rights, even when they cannot afford a lawyer, but there are plenty of other things wrong with the justice system. We are bringing forward proposals to try to improve the efficiency of the courts. At present the courts provide a daunting experience to any member of the public who finds himself unlucky enough to have to go through any form of litigation. The delays, waste of time and cost are almost endemic in the system.

We are tackling the efficiency of the criminal justice system—that applies to the civil justice system just as much—to try to ensure that the whole legal process becomes part of the public service and is there to be used by people who have to use it, or have to do justice, with rather more efficiency and rather less daunting waste and inconvenience than is often the case at present. The costs must be brought down through large parts of the service.

[Ian Lucas (Wrexham) (Lab)]

The Lord Chancellor is a respected parliamentarian. It has become increasingly clear during the statement that he does not agree with the sentencing policy that the Prime Minister has foisted on him in relation to the reduction of sentences. Why does he not be honest, be true to himself, retain respect and tell the Prime Minister where to go?

[Mr Clarke]

The Prime Minister, other colleagues in the Government and I have all had perfectly reasonable discussions about the criminal justice system. We all presented a package of proposals for consultation and we are presenting the same package today in response to that consultation. This is a sensible way of running a Government. I realise that politics has become a branch of the celebrity culture, but the idea that what is really interesting is whether the Prime Minister and I are arguing or whether the Prime Minister and I are agreeing is largely obscuring what I think is an extremely positive package of proposals which, after consultation, is better fitted to meet the aspirations that we all had when we embarked on the policy in the first place.

Oral Answers to Questions

Debate between Lord Clarke of Nottingham and Ian C. Lucas

Tuesday 15th June 2010 Commons Chamber

[Ian Lucas (Wrexham) (Lab)]

T4. Will the Lib Dem-Tory Government be legislating to give prisoners the vote?

[Mr Kenneth Clarke]

The previous Government were considering the question carefully, and we are still carefully considering our policy on the issue.