Police, Crime, Sentencing and Courts Bill

Lord Hope of Craighead Excerpts

Lords Hansard - part two & Committee stage
Wednesday 17th November 2021 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I like many elements of the proposal from the noble Earl, Lord Attlee. We all know that the youth justice system, in theory if not in practice, is focused on diverting young people from criminal justice towards a better life. At 18 years of age, however, this sort of falls off a cliff as young adults get dropped into the mainstream criminal justice system and are left to fend for themselves. This leaves a huge population of young adults stuck in the adult prison system and missing out on essential learning and the foundations for developing work, family and social lives. These young people are also often illiterate.

Those important years of young adulthood—when one is no longer a child but lacks experience and wisdom—are lost in prison, and can never be retrieved. I like the aspect of this amendment, therefore, that would create a structured system of personal development and rehabilitation for those too old for young offender institutions but too young to be written off by society as lifelong criminals. There are issues about the tuition they would be given, because many of them might have problems such as autism or dyspraxia: they would need specialist help. That they would, however, be leaving better informed and educated than they went in is a positive for them as individuals and for society.

[Lord Hope of Craighead (CB)]

My Lords, I have some sympathy for the noble Earl’s amendment because of two experiences of mine. First, I had to undergo 10 weeks of basic compliance training when I did my National Service. It had many of the elements listed here. Hope for the future was there. Certainly, a lot of attention was paid to dress and bearing, teamwork, first aid training, conduct and anger management, fieldcraft and so on. I underwent that for 10 weeks as a recruit. Later in my national service, having become a commissioned officer, I was responsible for training recruits, and I noticed a remarkable difference in their behaviour and appearance between the beginning and the end of the 10 weeks. That impressed on me the value of the training that the Army was then able to provide.

At a later stage in my life, when I was prosecuting criminals, usually in Glasgow High Court, a lot of those who were being prosecuted I could see in my mind’s eye as people who might have been among my platoons of people undergoing training. My great regret was that we had not been able to get hold of them before the gang fights took place that led them to being prosecuted and ultimately going to prison. There is a lot of force in what the noble Earl has suggested. In those days—I am talking about my national service days—there was an enormous force available within the Army to conduct all these procedures. This is not easily managed. You are required to train the trainers and you must have the facilities. However, the philosophy and thinking behind the noble Earl’s amendment has a great deal to recommend it. He is talking about people who have already been convicted, but it would be lovely if one could intercept them before they got into the criminal system in the beginning. We cannot do that but, at least if they have been convicted, we can do something to prevent reoffending, which is what I think his amendment is driving at.

[Earl Attlee (Con)]

My Lords, perhaps I may respond to what noble Lords have said. The noble Baroness, Lady Jones of Moulsecoomb, mentioned young offender institutions. When I was getting educated by Frances Crook, I asked her, “How often do inmates at a YOI get taken out on camp?” She said to me, “John, you should ask how often they are taken out of their cells.”

In response to the noble and learned Lord, Lord Hope of Craighead, I am not proposing conscription or a national service-type solution. However, the points that he makes are absolutely what is informing my thinking. He made a valid point about the need for instructors and I am not proposing the use of the military to provide that function. Prison officers ought to be taking up that role and I envisage, among other things, youngsters who trained as Outward Bound instructors who cannot necessarily get particularly well-paid employment then training as prison officers and being double-hatted. There are a lot of things that we could do if we wanted to do them.

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[Lord Thomas of Gresford (LD)]

My Lords, I ask the Committee to forgive me for using legal language. Some years ago, I had a case in Newport. It was a murder trial in which the victim was profoundly deaf, the defendant was profoundly deaf and four or five of the witnesses were profoundly deaf. This trial proceeded with three sign language interpreters always in the courtroom: one for the defendant, one for the witness and one behind the judge, positioned so that everybody, including the many profoundly deaf people in the public gallery, could see what was happening.

When I first looked at this provision, I thought, like everyone else would, that surely a person who is profoundly deaf should be entitled to carry out their public duty. But the practicalities of it make that an impossible idea. For a deaf juror, there has to be a succession of people interpreting what is going on in the court in sign language. First of all, that is an immense burden on him—he is different from everyone else; and, secondly, while what is said in the court can be heard by everyone else, we do not know whether the person doing the signing gets it right. Nobody can really tell if that is the case, unless, as in my case, you have someone familiar with sign language in the box with the defendant.

How can we be sure that that juror understands the nuances of a summing-up, in which the judge sets out the law that the jury is to apply? Can it be the case that some other person who knows sign language checks that the proper interpretation is being made of what may be very technical language? As I learned, the sign language interpreter is not translating word for word but is conveying ideas. During that case I also discovered that sign language interpreters and witnesses who give their evidence by signing are quicker than people using ordinary speech. It is not a slower procedure, rather it actually speeds things up; the rest of the court have to hold the sign language interpreters back.

However, in the jury room, there is no way in which a profoundly deaf person can follow the arguments being made—passionate and otherwise: nobody can be sure that every nuance of what the other jurors are saying is being transmitted, and nobody can be sure that an interruption or question from a profoundly deaf person is being accurately translated and represents his thoughts.

I take the argument of principle that the noble and learned Lord, Lord Judge, put forward, but from a practical point of view, and from my experience of that trial, it is impossible for a fair trial to take place.

[Lord Hope of Craighead (CB)]

My Lords, I do not think I can add very much to the points that have already been made on the difficulties which this proposal is likely to give rise to, except to say that one has to remember that hearings in criminal trials take a very long time. I do not know whether we, who have never had to be instructed in sign language, are able to tell whether a deaf juror can maintain concentration by that method throughout the entire day that the trial goes on, and indeed whether the interpreter can conduct that process throughout the entire day without relief. Maybe you would have to have another interpreter to come and take over after a reasonable interval, as you often had to do with shorthand writers in the days when they were used.

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[Lord Hope of Craighead (CB)]

My Lords, I do not wish to be taken as suggesting that what works well in Scotland should necessarily be applied in England and Wales, but I think I am right in saying that there has been some attempt in Scotland to allow juries to be remote. The problem one has is that a judge cannot be in two places at once. I think it was thought more appropriate that the judge should be close to the place where the evidence was being taken, with the juries remote in some other room because of the need for social distancing and so on. My point is simply this: I suggest once again, with great respect, that the Minister should find out what has been happening in Scotland and what the experience has been. They may have decided, for the reasons given by the noble Lord, Lord Pannick, that it should not be continued. I simply do not know, but it is worth exploring to find out exactly what the position is.

[Lord Judge (CB)]

My Lords, despite Covid—I know it is not over yet, but despite the 18 months we have had—I have not heard it suggested that one solution to the problems that the courts face is that juries should act remotely. We have trial by judge and jury. I agree with what the noble Lord, Lord Pannick, said, but I want to be just a bit more down to the realities of it. What happens in court when the jury is unhappy with itself or with some of its members? The judge has a most delicate task to perform. On my old circuit—I am sorry to say that the Midlands circuit has this—one juror smelled; he stank, and the jury were extremely unhappy about it. Can all that be done remotely, when the judge is responsible for looking after the interests and needs of the jury as a whole? Do we send messages down the line? How is it accommodated? It requires huge tact, skill and, I think, the personal touch.

My other concern about this provision was touched on by the noble Lord, Lord Pannick—it is the usual one, I am afraid; you have all heard me talk about it. Why should we give these huge powers when we do not need to give them?

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The last thing I have to say is that I, too, do not like general powers taken without a very good reason. There are too many examples of this Government doing things they should not do, without the powers. Give them the powers and we have no idea what they might do. So, as far as I am concerned, the fewer powers they have, the better protected we are.

[Lord Hope of Craighead (CB)]

My Lords, there is a great deal to be said for the need for justice to be done, as the noble Lord has been saying, but there is another side to the coin, which is a trial within a reasonable time. That factor has been exercising the minds of those who have been trying to progress trials through the desperately difficult situation created by the Covid epidemic. I hope those times have passed but, in the defence of those who have been setting out remote proceedings, they have been doing so under great pressure. People have been languishing in custody for far longer than they should have been, awaiting trial, and that factor has to be taken into account in deciding what is the right thing to do. The noble Lord is absolutely right, of course, that the worst option is the one they were driven to—but they were driven to it for very good reasons.