Magistrates

Debate between Lord Faulks and Lord Smith of Hindhead

Thursday 7th July 2016 Lords Chamber

[Lord Faulks]

The noble Baroness puts her finger on one of the factors which makes it very difficult to decide this quite long-standing issue. Of course, she is right that short sentences are difficult in terms of management for the purposes of rehabilitation, giving training, purposeful activity and the like. Prison governors, who will be given more autonomy, will find it difficult to get any meaningful interaction with a prisoner if the latter is there for a short time. However, it is a matter for magistrates what they think the appropriate sentence for a particular offence is.

[Lord Smith of Hindhead (Con)]

My Lords, I am sure many noble Lords will share my concern about the prevalence of some magistrates permitting criminals to take a break from their tags to go on pre-booked holidays, stag weekends or other social occasions outside the limitations of their curfews. On 25 November last year in the other place, when addressing a Question on this matter, the Prime Minister said:

“A punishment is a punishment, a tag is a tag”.—[Official Report, Commons, 25/11/15; col. 1355.]

Can the Minister update the House on recent talks with the Magistrates’ Association to help close this loophole?

[Lord Faulks]

I am aware of some of the cases to which my noble friend refers. Of course, we as government cannot interfere with the discretion of judges and magistrates in how they sentence and implement sentences. Every single case must be considered individually. Some of those decisions seem somewhat surprising on the face of it. The Magistrates’ Association and all interested bodies will no doubt have that very much in mind in looking forward.