Sentencing Bill [HL]

Baroness Sater Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Thursday 25th June 2020 Lords Chamber

[Baroness Sater (Con) [V]]

My Lords, I declare that I have sat in the youth court for more than 20 years. I warmly welcome this Bill. It would introduce one coherent Sentencing Code. I join other noble Lords in paying tribute to the assiduous work of the Law Commission and note that it has received widespread support from judges, lawyers and academics, as well as the other place.

I particularly welcome the introduction of the clean sweep. It brings much-needed clarity to the application of sentencing law, deleting layers of historic sentencing legislation and making it possible for offenders to be sentenced under the new code, regardless of when an offence was committed. It is a significant step that will help avoid errors and appeals resulting from historic or redundant aspects of the legislation being incorrectly reflected in sentencing decisions.

The Bill makes important steps to simplify criminal sentencing, not only for the judiciary and legal practitioners—crucially, it also improves the clarity, accessibility and understanding of the law to defendants, witnesses, jurors, victims and the public at large. Once the Sentencing Code is enacted, I ask the Minister to do all he can to ensure that the training measures are in place, so that the judiciary who use it are able to do so to best effect and that it is applied correctly and appropriately.

I am pleased that in his remarks in the other place the Lord Chancellor focused on defendants. They are at the sharp end when it comes to sentencing and we should not lose sight of the fact that these matters affect the lives of real people. The Bill will improve the confidence that all users of the criminal justice system need in sentencing, including the public, defendants and victims. Clearer law will lead to greater understanding. I agree with the Lord Chancellor and others that for far too long there has been a gulf between what the practitioner and the lawyer might understand and how it is explained to the public.

The passing of correct sentencing is crucial, based on the right legislation and procedure, which will bring increased public confidence. The coherent Sentencing Code that will be enacted through this Bill is therefore not only desirable but utterly essential and long overdue.