Police Detention

Debate between Lord Herbert of South Downs and David Nuttall

Thursday 30th June 2011 Commons Chamber

[Nick Herbert]

We are seeking to bring forward legislation to deal with the problem sufficiently swiftly to avoid any such impact that may be caused in the interim. We will also seek to mitigate the situation to the greatest possible extent, and I will discuss that with ACPO. Clearly there are implications in respect of resources and also for defendants, because as I said in my statement, it is possible that people will be detained in custody for longer, so the judgment’s practical effects will have implications for both civil liberties and the sensible operation of police bail.

[Mr David Nuttall (Bury North) (Con)]

Does my right hon. Friend agree that judgments such as this, which fly in the face of common sense, run the risk of bringing our justice system into disrepute? How can someone who is free possibly be judged to be inside? At this rate, all our prisons are going to be empty.

[Nick Herbert]

I think that the best way that I could respond would be by quoting the legal expert Professor Michael Zander QC, whom my hon. Friend may have heard on the “Today” programme this morning. He said:

“The only justification for the ruling is a literal interpretation of the Act which makes no sense”.

Public Disorder (NUS Rally)

Debate between Lord Herbert of South Downs and David Nuttall

Thursday 11th November 2010 Commons Chamber

[Nick Herbert]

I think that the hon. Gentleman, too, is close to trying to make a political point on the back of these events. My right hon. Friend the Justice Secretary has made it absolutely clear that prison will continue to be reserved as the appropriate place for serious, violent and repeat offenders. We have no plans to fetter the power of magistrates or sentencers in that respect. The Government want the full force of the law to be brought to bear on those who committed acts of violence yesterday: they should be brought to justice.

[Mr David Nuttall (Bury North) (Con)]

In view of the decision made yesterday by a small minority of those involved in the demonstration to resort to violence and the destruction of property, does the Minister not agree that we should consider again whether the current sentences for such criminal behaviour are a sufficient deterrent?

[Nick Herbert]

We are conducting a review of sentencing, which will be published later this year. Of course there was no justification for the acts that took place, but I am not aware of any inadequacy in the sentencing powers available to courts. What is necessary is for the authorities to be able to collect the evidence and properly bring these individuals to justice.