Crime and Courts Bill [HL]

Lord Woolf Excerpts

Tuesday 30th October 2012 Lords Chamber

[Lord Woolf]

My Lords, I hope that I can start by referring to the amendments to Part 2 before us in the most enthusiastic terms of which I am capable. I congratulate the Minister because I know that he played a significant role in ensuring that these amendments include the valuable provisions with regard to restorative justice. The provisions are substantially overdue; the evidence has been available for us to see; and in the debates in this House there has been a unanimity of view as to the positive role that it could play. All that I would caution, if I may, is the importance of ensuring that the proper groundwork is done in regard to its introduction and execution. It is first of all critical that victims see it as it is indeed intended to be—something that is meant to serve them as well as the community generally. Victims are at the centre of restorative justice and the evidence suggests that if conducted properly it provides them with real reassurance that those in authority recognise the importance of putting them at the centre of the policy to be adopted.

Turning to Part 1, I listened with great care to what was said by noble Lords, Lord Rosser and Lord Ramsbotham, and the noble Baroness, Lady Hamwee. Bearing in mind the admonition of the Minister that we are treating this as a Second Reading in our approach, I should say that I strongly support what they have said. I do not know whether it is right to refer to expressions of concern or expressions of alarm, but whichever term is used it is certainly endorsed by me.

--- Later in debate ---

[Lord Goldsmith]

The noble Lord may be right about that. I am asking the Minister a question about the thinking. One has to recognise that there are cases where the prosecution cannot actually prove the case, or it would be enormously expensive to do so, with uncertain prospects. I can see that there may be circumstances where getting a regime that for example secures compliance for the future may be worth while. However, that is only my speculation as to why “may” is there rather than “must”, which I would have expected based on the conditional cautions.

Paragraph 5(3)(e) talks about the implementation of a “compliance programme” and I would like the noble Lord to say something about what sort of compliance programmes the Government have in mind, and whether they would include, for example, the putting in place of monitors, and whether that is something that can be sufficiently dealt with by the words here or whether it needs some specific language. As regards paragraph 6 of the code on DPAs, is it intended, as my noble friend Lord Beecham asked, for the code to be placed before Parliament—as is the code for the crown prosecutors, if my recollection serves me right? I can see that Parliament would have an interest in that.

Paragraphs 7 and 8 would require the prosecutor to apply at different stages for declarations in certain terms that entering into a DPA is likely to be,

“ in the interests of justice”—

and that the proposed terms of the DPA—

“are fair and reasonable and proportionate”.

Is it necessary to ask a court to do that? Plainly, the court must be asked to approve the solution. However, I am not sure whether one should also ask the court to make declarations as to these matters. I would like to hear from the Minister as to the thinking behind that. As I understand it, under paragraph 8, the final hearing must be in public, whereas the preliminary application would be in private. I would be grateful for confirmation as to that.

Paragraph 11 deals with discontinuance of the DPA. I am probably missing it but I looked for a clear statement that if there is a finding of non-compliance by the court, that is likely to result in criminal proceedings being instituted. Finally, I, too, would welcome hearing what the proposals are in relation to addition to this schedule and the procedure that will be adopted.

I apologise for that quite long list. This is an important provision. It is a bit difficult to see how we are going to deal with it in a second Committee stage. I am looking forward with great interest to seeing whether the Minister is actually moving the whole of the schedule now so it goes into the Bill and we then apply to amend it, but I accept his assurances that if that is what happens, we will be able to apply to amend it hereafter.

[Lord Woolf]

My Lords, I think that this is a very positive step and could be very valuable in the administration of justice. We should be aware that in the States there has been a risk of unattractive practices developing in this field, but as long as we have the appropriate code and safeguards, that should be able to be overcome.

I listened with care to the comments made by the noble Lord, Lord Marks of Henley-on-Thames, on limiting this to corporate bodies and not extending it to individuals. I suggest that there is substance in his concern, which the noble and learned Lord, Lord Goldsmith, feels may have force. The danger of not allowing individuals also to be dealt with is not the risk of them getting away with it, but of preventing an agreement being reached when it should be reached and when the very extensive powers indicated in paragraph 5(3) would be of great benefit to the public. I draw particular attention to compensating victims, donating money to charity and disgorging any profits made by P. The reality is that behind every company there are individuals. If the individuals are not going to be covered by the agreements, the agreements will be very much less attractive in practice to the corporate sector than they would if individuals could be included. Perhaps we should look at the question of whether it would not be better to enable the matter to be dealt with once and for all, for both officers of a company and the company itself.