Sentencing

David Burrowes Excerpts

Monday 23rd May 2011 Commons Chamber

[Sadiq Khan]

I will come on to deal with that point in a moment, but the first part of what the hon. Gentleman said is factually wrong.

Successive Governments have sought to codify the amount of discount one gets off a sentence for pleading guilty, and the first real attempt at codification came with section 48 of the Criminal Justice and Public Order Act 1994. This introduced a requirement for the court to take account of a guilty plea. The hon. Member for Ipswich (Ben Gummer) may have been alluding to section 144 of the Criminal Justice Act 2003, which included statutory provision on reductions in sentences for guilty pleas; the Sentencing Council sought to provide structure and judicial direction in this matter.

[Mr David Burrowes (Enfield, Southgate) (Con)]

Is it acceptable for a defendant pleading guilty at a timely opportunity—let us say, for an offence of rape—who should have been liable to a tariff of five years, to get a third off, meaning a sentence of 40 months, which would have led, in turn, to the individual being released after 20 months? That would have happened under legislation passed on the right hon. Gentleman’s watch. Indeed, it could have led to an even earlier release if further credit had been given for remorse or co-operation with the police at an interview. Is that acceptable?

[Sadiq Khan]

I welcome the hon. Gentleman’s comments, but he will be aware that the maximum discount that can be given on a guilty plea at the earliest opportunity goes up to one third, but if there is overwhelming evidence against the individual, the maximum discount is only 20%. The hon. Gentleman is well aware of that, because I know he still practises in the criminal courts.

--- Later in debate ---

[Sadiq Khan]

When I was a Whip, the quality of interventions was a lot better than it is today.

[Mr Burrowes]

I want to help the shadow Justice Secretary, so I should not be accused of pure opportunism. Does he think it is acceptable that a convicted rapist with a third off their sentence for plea could be released after 20 months: yes or no?

[Sadiq Khan]

I take it from the hon. Gentleman’s question that he will support our motion when it is put to the vote at 7.15 pm.

[Mr Burrowes]

rose—

[Sadiq Khan]

I have been generous in giving way. The hon. Gentleman can have a third bite at the cherry after I have made some progress.