Police, Crime, Sentencing and Courts Bill

Debate between Lord Laming and Lord Paddick

Report stage
Wednesday 12th January 2022 Lords Chamber

[Lord Laming (CB)]

My Lords, perhaps I may make three quick points in support of this important amendment. First, we all accept that short sentences are extremely expensive to manage and expensive to our society, and we ought to do our best to provide alternatives to them. They are also expensive in other ways because they introduce often naive offenders to much more serious crime. Secondly, short sentences are extremely disruptive to the individual concerned. They often lose whatever jobs they have and a whole range of things that are important in their life. Thirdly, restorative justice is a learning experience. Would that there were other parts of the criminal justice system that I could say with confidence were a learning experience.

Restorative justice is the opportunity for an offender to reflect carefully on what has happened as a result of their behaviour and on why it is important that they learn from that experience and change their way of life. This is an important amendment that I hope the Government will take seriously.

[Lord Paddick (LD)]

My Lords, I remind the House that at one stage in my police career I was the lead for the Metropolitan Police on restorative justice, working with Professor Larry Sherman. The evidence from that experience and other academic studies shows that the benefits to victims, in terms of allaying fear and victim satisfaction, and to perpetrators, in terms of engagement with the criminal justice process, and by being confronted, as the noble Lord, Lord Laming, has just said, by their offending behaviour, and in terms of reducing recidivism, are unequivocal.

The only objection to the amendment would be political, because restorative justice is wrongly perceived by those who do not understand the process as going soft on offenders; it is the opposite. I agree with the noble Lord, Lord Laming, about short sentences. However, on the point made by the noble Lord, Lord Cormack, it does not necessarily have to be an alternative to prison in very serious cases. The important outcomes are victim satisfaction and the offender having to confront their offending behaviour.

The Minister may argue that people get a long time in prison in which to reflect on their wrongdoing. However, a colleague of mine did some research on street robbery and went to a young offenders’ institution to interview those who had been convicted and incarcerated for that offence. Many of those he spoke to did not understand why they were in the young offenders’ institution. The process was so detached from them—they just sat at the back of the court while other people spoke and dealt with the case, without their involvement at all. They genuinely did not understand why they were in prison. That is why restorative justice is important.

The question is: are the Government going to be led by the evidence and support this amendment, or are they going to object to it, based on misconceptions?