Sentencing Reform/Legal Aid

Debate between Lord Clarke of Nottingham and Jake Berry

Tuesday 21st June 2011 Commons Chamber

[Mr Clarke]

I hope that we can do more. My right hon. Friend the Secretary of State for Health is looking at drug rehabilitation services generally for people who do not offend, as well as for people who get themselves into trouble with the law. This is a very important area. The majority of crime in this country is linked directly or indirectly to drug abuse of some kind. The majority of prisoners have indulged in the abuse of drugs shortly before their admission to prison. It is essential that we respond to my hon. Friend’s plea that such programmes are supported and made more effective.

[Jake Berry (Rossendale and Darwen) (Con)]

My constituents will welcome the Secretary of State’s announcement that more life sentences will be available to judges when dealing with serious, repeat and violent offenders. What offences that will cover and, specifically, which repeat offences will eventually carry the life tariff?

[Mr Clarke]

I think there will be an automatic increase in the number of life sentences when we get rid of IPPs. When indeterminate sentences were introduced, some of the people who were given IPPs were in really dangerous categories and had been convicted of offences for which life imprisonment was already the maximum offence. When we change it, judges will put such people back on life sentences. The whole IPP experiment was a mistake. We have indeterminate sentences in this country—they are called life sentences. They are better managed and are the proper way to deal with the most serious offenders. I think that some of the most serious offenders who get IPPs now will in the future get life sentences, just as judges always gave them before.

Reforming Civil Justice

Debate between Lord Clarke of Nottingham and Jake Berry

Tuesday 29th March 2011 Commons Chamber

[Mr Clarke]

This has sometimes been looked at, hence it has been possible to raise these levels by quite large amounts as they have not kept in line with inflation for the last 15 years. What we are doing in respect of the small claims courts should be of assistance to people of low means, because the small claims courts have been quite successful as a reasonably informal, very low-cost way of resolving simple disputes or collecting straightforward debts which people cannot recover from those who owe them. It is right to extend that jurisdiction so that people are not faced with the daunting prospect of appearing before a judge in a formal court setting, and possibly having a lawyer on the other side and so forth, which comes at the next stage up, at county court.

[Jake Berry (Rossendale and Darwen) (Con)]

On the small claims courts, it is interesting that we are increasing the limit from £5,000 to £15,000. Will personal injury cases now be included, and will the recovery of legal fees be precluded in all cases up to £15,000?

[Mr Clarke]

We are only consulting, so we are open to arguments about whether or not £15,000 is the right figure; we might put it up further, or we might be persuaded to take it down. I personally think that extending the small claims court jurisdiction is a very desirable thing to do, but it will not be extended to personal injury cases, because the small claims court is intended for quick and easy disposal of fairly straightforward cases. Too many personal injury cases would clog up the system which is meant to be quick and relatively informal and for straightforward disputes.