Victims and Witnesses (Scotland) Act 2014 (Consequential Modification) Order 2020

Lord Wei Excerpts

Wednesday 3rd June 2020 Lords Chamber

[Lord Wei (Con)]

My Lords, I share the sentiments of previous speakers about the amazing work of the police throughout our nations during this very difficult time. Normally, I would not have much to say about Scottish matters, having few connections, but having heard about some of the innovations over the years in the Scottish justice system, particularly around restorative justice, I am attracted to this discussion. I broadly welcome this measure in principle. Unquestionably there should be penalties for mistreating the police, particularly with the examples we have been hearing about, such as people spitting on them. It is right to get justice—financially, if necessary—in a way that cannot easily be avoided.

However, I am surprised that this measure is being put forward. I echo previous speakers in asking what thought has been given to the impact for those on benefits who are fined in this way? It would be perverse for the financial stress caused by this measure to cause offenders to reoffend, whether against the police or other people. That does not make sense to me, even if it gives a political win by being seen to be taking harsh action against those who oppose the police.

As part of the broader measures to rehabilitate the offender, including achieving justice and finding funds to support police officers and their families, this can make sense. However, what can be done to ensure that the guidance that sheriffs and courts are given is applied wisely and judiciously to have the optimum impact and to achieve all the goals it could achieve without some of the adverse consequences that may arise? I am keen to know what guidance will be provided or whether it will ultimately be left to the final judgment of the sheriffs and the courts.