Rehabilitation and Sentencing

David Crausby Excerpts

Tuesday 7th December 2010 Commons Chamber

[Mr Clarke]

Yes, I think the possession of knives is a scourge on society, particularly when it is associated with gang culture and all the other problems that it causes in many communities. I repeat, however, that judges and magistrates are in the best position to decide on the circumstances of a particular offence, the circumstances of the offender and the best way of imposing a penalty that protects the public.

We have to get away from the habit of the past few years of leaping in with a tariff that takes discretion away from the courts in each and every category of case. The tariff works in some cases but then, the next thing we know, the people who campaigned for it are campaigning like mad against some obvious injustice because it is inflexibly applied to some person who would be better dealt with in other ways.

[Mr David Crausby (Bolton North East) (Lab)]

Earlier this year in my constituency, a driver who had been drinking crashed into a group of teenagers on the pavement, seriously and permanently injuring them. At the trial, the judge bitterly complained that he could give him only the maximum two-year sentence for dangerous driving. Will the right hon. and learned Gentleman join me in supporting the Drive for Justice campaign to give judges more flexibility in sentencing dangerous drivers?

[Mr Clarke]

I shall have a word with my right hon. and learned Friend the Attorney-General, because that is a perfectly valid point that we will consider. There is, of course, a higher penalty for causing death by dangerous driving, but the hon. Gentleman describes someone who behaved equally reprehensibly but happens not to have killed any of the victims. As I am arguing for discretion, we will look at whether the constraint is too tight.

In the case of ordinary dangerous driving without any serious consequences, and although I deplore all dangerous driving, we cannot start imposing heavy prison sentences on everybody who might otherwise be a blameless citizen and then behaves in an absolutely reprehensible way when driving his car. Some cases, such as the one described, make the case for having a look at the two-year maximum.