Sentencing Bill [HL]

Baroness Wilcox of Newport Excerpts

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

[Baroness Wilcox of Newport (Lab) [V]]

My Lords, we have heard already that when passing sentence the sentencing judge must consider the sentencing law applicable at the time of the offence, and that the many pieces of legislation passed by Parliament over the years have added to the complexity of sentencing. We are in extremely difficult times, notwithstanding the pandemic that has altered things inexorably in our society. The Government have many demand-led issues to deal with as result, including the effects that these matters will have on the cases in the system, which I believe was in a huge backlog, with more than 1 million cases before the pandemic arrived, disrupting so much in the everyday running of our society and our public services.

However, this issue has gone on for far too long, and wrong sentencing decisions have been very evident in reviews of the justice system. Reading them suggests that as much as 36% of sentencing has been wrongly attributed. Let us not forget that a huge court closure programme—especially in my own area, south Wales—and the lack of interpreters in court proceedings, have added to these delays. A clear way forward must now be established, so that the public can have faith in a system of sentencing and those sentenced given a fair judgment.

It will be like peeling back the layers of an onion, as historical legislation will be removed and streamlined for lawyers, judges and magistrates to use. It will serve the public to build a confidence in the system, and those at the sharp end, too. Fairness must be seen to be done for the victims of crime as well as those who have offended.

Clear and accessible language will be a feature of this code. All too often the impenetrable language of the law has served a legal system comprehensible only to the learned few. I look forward to a completely revised system that makes the law accessible. This is an essential aspect that will help to explain it to the public. It may be a pathfinder for future legislation; clearly explained legislation that can be understood on a wider level may help to engage the public in the business of the law and of politics.

My introduction to your Lordships’ House was marked by some indecipherable language when learning the business of the House, and I like to think that I have a good understanding of language and literacy, having taught English for many years in high schools and being educated to higher degree level. If there are lessons to be learned from the delays in dealing with the Sentencing Code, I urge the Minister to inform his colleagues that the wait was well worth it because the language is now less complex and easier to understand, and other government departments may well follow this lead in developing their future legislation.