Criminal Justice and Courts Bill

Baroness Bray of Coln Excerpts

Monday 24th February 2014 Commons Chamber

[Angie Bray (Ealing Central and Acton) (Con)]

Thank you, Madam Deputy Speaker, for calling me to speak in this important debate on our criminal justice system. It is a pleasure to follow my hon. Friend the Member for Shipley (Philip Davies), who made an excellent speech.

Although the figures on overall recorded crime over the past few years have been encouraging, it is clear to me and to many of my constituents that the deterrent for a number of crimes still needs to be increased so that the courts can be tougher in a variety of cases. As a result of high-profile cases in the media, as well as the terrorist threat facing London and other parts of the UK, there seems to be a perception that crime is increasing, despite what the statistics show. Members of the public need to be reassured that the courts system is keeping pace with the challenges it faces, and I believe that the many sensible measures in the Bill go some way towards achieving that.

My constituency was in the news not so long ago because of a fugitive. Mohammed Ahmed Mohamed sliced off his security tag and vanished from Acton’s An-Noor centre dressed in a burqa, spreading considerable concern throughout the community. We welcome the measures in the Bill designed to clamp down on being unlawfully at large.

I also very much welcome the introduction of life sentences for terror-related offences, including training and manufacturing weapons for terrorist activity. Although very serious in themselves, those offences are also a factor in the wider problem of radicalisation of young British citizens, which threatens the peaceful future of some of our communities. That dangerous manipulation of vulnerable young minds must be addressed with the toughest of sanctions. The case of Abu Hamza, a long-standing resident in my constituency, aroused considerable concern that the law as it stood was ineffective in dealing with someone who was proud to boast about his support for terrorist activity or with his dangerous proselytising outside the Finsbury Park mosque.

It is vital that those fears are addressed. I believe that the widening of the enhanced dangerous offenders sentencing scheme will help achieve that. The sanction of a life sentence must be available to the courts when dealing with those convicted of terrorist offences. I understand that mandatory life sentences for those convicted of a second terrorist offence and the end of automatic parole for terrorism offences would affect as many as 30 people a year.

The issues of sentencing for certain serious crimes and the use of cautions are well covered in the proposed legislation. For too long criminals have operated in the knowledge that custodial sentences are often half what the term suggests, in many cases automatically so. I am pleased that under the proposed changes those guilty of terror offences and certain sexual offences will no longer be automatically up for parole. It is quite right that no one serving an extended determinate sentence should be released without going before a parole board.

The use of police cautions for repeat offenders has resulted in serial offenders regularly escaping jail sentences and has left many of my constituents asking whether the law of the land has any serious role to play in certain crimes. Figures published by the Centre for Crime Prevention last year show that over a five-year period the number of offenders with at least 10 or more previous cautions and subsequent convictions rose by a quarter to 140,000, which suggests that cautions offer very little deterrent, especially to the hardened repeat offender. I am also caused to wonder how much police time and resource is wasted in having to issue cautions time after time to the same people. Given that cautions are intended to represent a warning for relatively minor offences, it is appropriate that they will no longer be used in cases such as rape, possession of an offensive weapon, or sexual offences against children. In fact, it seems extraordinary that such crimes could ever be treated so leniently.

While welcoming the tougher sentences, I also support the idea that some straightforward criminal justice processes need to be streamlined. It is hard to see why a bench of three magistrates is needed to make decisions on charges such as evasion of a television licence or road tax. While not trivialising such offences, the focus of magistrates’ expertise must surely be on more contentious issues. The imposition of financial charges on those convicted in the criminal courts will not only relieve the burden on the taxpayer but provide an additional deterrent. I welcome the sense of fairness that such a charge would engender, which is important for the justice system. The Government must continue to be on the side of those who stick to the rules.

I support the proposed legislation to deal with juror conduct in the internet age. While there may be an absence of malicious intent, jurors need to be very clear that researching cases in which they are involved or disclosing jury deliberations by electronic means are grave offences that could prejudice fair justice. Guidelines on this have suffered accusations of inconsistency, and the courts need a clear message. The provisions outlined in the Bill do a great deal better to equip the courts to deal with the modern challenges they face.

It has surely always been true that there is an implicit deal between those who administer and deliver justice and everyone else—that is, “Leave it to them and they will not disappoint.” However, that deal requires trust, and any breakdown in that trust has serious consequences, as a great previous Conservative Home Secretary, now Lord Howard, well understood. At this point, I should add that I am truly delighted that our Court of Appeal has rejected attempts by the European Court of Human Rights to prohibit our judges from imposing whole life sentences on the most heinous murderers. This is a common-sense victory for our justice system and its ability to decide what is in the best interests of this country.

When crimes are brought to court, society needs to feel that justice has been fully done and seen to be done. If the system begins to fail on this count, that is when people begin to lose faith in the law. The Bill will do much to restore confidence in this regard. I would be delighted, if selected, to serve on the Bill Committee to help ensure that it emerges perhaps improved even further as it progresses to its next stage.