Justice

Chris Philp Excerpts

Monday 4th May 2020 Ministerial Corrections

[Sir Desmond Swayne (New Forest West) (Con)]

How often are the circumstances set out in amendment 1 under new subsection (1)(a)(i) and (ii) actually likely to occur? A life sentence for photographic offences—is that actually likely to happen often?

[Chris Philp]

… It is worth mentioning, in response to my right hon. Friend’s intervention, that amendment 1 adds into the provisions of this Bill sentences of imprisonment for public protection, which can also be handed down for making indecent images. Clause 2 covers the slightly broader type of sentence—namely, extended determinate sentences, whether they are handed down for manslaughter or the failure to disclose the subject of an indecent image. He is quite right to point out that in cases where there has been a failure to disclose the victim of an indecent image, it is more likely that there will be an extended determinate sentence than a life sentence. Indeed, in the case of Vanessa George, the sentence handed down was an extended determinate sentence, so that would have been caught by clause 2 rather than by clause 1.

[Official Report, 3 March 2020, Vol. 672, c. 786.]

Letter of correction from the Parliamentary Under-Secretary of State for Justice (Chris Philp):

Errors have been identified in the response I gave to my right hon. Friend the Member for New Forest West (Sir Desmond Swayne).

The correct statement should have been:

[Chris Philp]

… It is worth mentioning, in response to my right hon. Friend’s intervention, that amendment 1 adds into the provisions of this Bill sentences of imprisonment for public protection, which can also be handed down for making indecent images. Clause 2 covers the slightly broader type of sentence—namely, extended determinate sentences, whether they are handed down for manslaughter or the failure to disclose the subject of an indecent image. He is quite right to point out that in cases where there has been a failure to disclose the victim of an indecent image, there will now be an extended determinate sentence than a life sentence. However, in the case of Vanessa George, the sentence handed down was a sentence of imprisonment for public protection, so that would have been caught by clause 1 rather than by clause 2.