Police, Crime, Sentencing and Courts Bill (Eleventh sitting)

Debate between Alex Cunningham and Allan Dorans

Committee stage
Thursday 10th June 2021 Public Bill Committees

[Alex Cunningham]

That is most certainly the case. We have seen a breakdown in those relationships in recent years, but funding for work in that area has also suffered considerably. The real point of this—I do not think we can say it often enough—is that BAME individuals are less likely to admit guilt and receive an out-of-court disposal. They are more likely to face prosecution; if they face prosecution, they are more likely to end up in prison; and if they end up in prison, they could be there for much longer under some of the legislation that the Government are promoting.

During the evidence sessions, that issue was raised by a series of witnesses as an area of concern. Phil Bowen of the Centre for Justice Innovation said that

“we would strongly argue that it should be possible to offer the community caution—the lower tier of the two tiers—to individuals who accept responsibility for their behaviour, rather than requiring a formal admission of guilt. This is an idea that was raised in the Lammy review and has subsequently been raised in the Sewell report. We think it would be better if that lower tier could be offered to people, who are required only to accept responsibility for their actions. As the Lammy review suggests, that may encourage the participation of people from groups who tend to have less trust in the police and the criminal justice system.”––[Official Report, Police Crime Sentencing and Courts Public Bill Committee, 18 May 2021; c. 44-45, Q63.]

[Allan Dorans (Ayr, Carrick and Cumnock) (SNP)]

Does the hon. Gentleman agree that where the offence is not admitted, it is only right and proper that the matter be referred to a court in the interests of justice?

Police, Crime, Sentencing and Courts Bill (Tenth sitting)

Debate between Alex Cunningham and Allan Dorans

Tuesday 8th June 2021 Public Bill Committees

[Alex Cunningham]

[Allan Dorans]

Police, Crime, Sentencing and Courts Bill (Tenth sitting)

Debate between Alex Cunningham and Allan Dorans

Committee stage
Tuesday 8th June 2021 Public Bill Committees

[Alex Cunningham]

The Opposition also support the remaining clauses in part 5. They are sensible, helpful and well evidenced, and we are glad to offer our support for them. Currently, when a fixed penalty notice has been issued, a driver must surrender their licence to the relevant authority, but since the paper counterpart licence was abolished in 2015, there is no need for a driving licence to be produced for an endorsement to be recorded against a driver’s driving record.

Clauses 69 to 74 will finally remove the redundant requirement for a physical driving licence to be produced when a fixed penalty notice has been issued and they will also strengthen the rules for the surrender of driving licences when a driver faces disqualification. 

Clause 69 will amend section 27(1) of the Road Traffic Offenders Act 1988 to provide that courts are no longer required to oblige licence production. Instead, the courts will be provided with powers that they may exercise at their discretion. This power will apply both where the court proposes to disqualify and where it disqualifies a licence.  

Clauses 70 and 71 make further amendments to the 1988 Act, the effect of which, when taken together with clause 69, is to remove the need to produce a driving licence from the fixed penalty process. This streamlining is welcome and hopefully will in some small way reduce the administrative burden on our under-resourced and overstretched courts system, as it will no longer need to handle the physical licence where a driver faces endorsement, but not disqualification.

In recent years, attempts have been made to update the law in this area through private Members’ Bills, which have had Government support. The attempt made by the hon. Member for Mid Dorset and North Poole (Michael Tomlinson) fell after its Committee stage because of the 2017 general election. The attempt made in the 2017-to-2019 Session by the right hon. Member for Dumfries and Galloway (Mr Jack) did not even manage to progress past its First Reading. I am glad that the Government are at last introducing the measure in a Government Bill in Government time.  

We are also content with clause 75, which extends the police power that the police in England and Wales currently have to issue on-the-spot fines for certain moving traffic offences to police in Scotland. I am aware of the Department for Transport’s joint consultation with the Scottish Government on this topic from 2018. Doesn’t it take a long time for things to happen in law? The majority of the responses to the consultation supported the proposed changes and seemed to indicate the need for fixed penalty notice reform in Scotland for suspected road traffic offences, which the Government are sensibly introducing here.

[Allan Dorans]

I wish to confirm that the Scottish Government welcome the clauses that affect Scotland.

Question put and agreed to.

Clause 69 accordingly ordered to stand part of the Bill.

Clauses 70 to 73 ordered to stand part of the Bill.

Schedule 8 agreed to.

Clause 74 ordered to stand part of the Bill.

Schedule 9 agreed to.

Clause 75 ordered to stand part of the Bill.

Ordered, That further consideration be now adjourned. —(Tom Pursglove.)