Legal Aid, Sentencing and Punishment of Offenders Bill
Debate between Jack Straw and Simon Reevell(12 years, 10 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Mr Straw
I am glad to have the approbation of the hon. Member for Shipley (Philip Davies) on that.
When he was the Home Secretary, the Lord Chancellor was the last in line of a number of very complacent Home Secretaries who had allowed crime simply to rise and rise. It doubled under the Conservatives, as Michael Howard pointed out, and reached its peak under the current Lord Chancellor. Nothing that he did then, and nothing that he is proposing today, will do anything to make people safer or to cut crime. Indeed, I warn Conservative Members, for whom I have great affection, that in the coming months, if the Bill goes through, they will face—day after day, week after week—stories in the newspapers in which judges and magistrates complain publicly that defendant X or defendant Y should have been remanded in custody awaiting trial but that the courts no longer have any power on that.
I say to the Lord Chancellor, who has some experience of the criminal trial process, that the provisions in clause 73 and schedule 10 regarding restrictions on bail are wholly irrational and take no account whatever of the way in which courts and defendants operate. The court is not going to know whether it needs to send someone to prison until it has heard the full case and the mitigation. If Parliament lays down rules regarding the prospect of a sentence, how is the court to translate that into a real prospect of a prison sentence? What will happen in a case in which there is a low likelihood of a sentence on conviction and the defendant simply refuses to turn up in court? The Secretary of State was obviously completely unaware of the contents of paragraph 5 of schedule 10—I am glad that he is looking at it now—which makes it absolutely clear that even if the defendant fails to appear in court and is arrested, they cannot be remanded in custody unless the court has come to a prior decision that there is a real prospect of their getting a period of imprisonment at the end of the case. That is mad, and the right hon. and learned Gentleman must look at it again.
Simon Reevell (Dewsbury) (Con)
I wonder whether the right hon. Gentleman has considered sub-paragraph (b), which makes it perfectly clear that if someone has been convicted of an offence in the proceedings, which would include a bail offence, the provision barring the grant of bail does not apply, so if somebody failed to surrender, they would be dealt with as they are now in their absence, and they could be remanded in custody when arrested by the police. The same qualifying sub-paragraph is present on page 168, which deals with bail in other circumstances.
Mr Straw
No, of course I will not. The explanatory memorandum makes exactly the same point.
Let me address the issue of indeterminate sentences for public protection. I entirely endorse what my right hon. Friend the Member for Tooting (Sadiq Khan) has said from the Front Bench. The Secretary of State made one of his sweeping statements, saying that those sentences have been discredited. No, they have not. Who has discredited them? He has, because he has been forced to save money on indeterminate public protection sentences having had to surrender the 50% cut in the bail discount, as he well knows. IPPs have worked.
The Secretary of State comprehensively failed to answer the hon. Member for Shipley yesterday, when the hon. Gentleman said that the reoffending rate for IPPs has been spectacularly successful—of the 1,449 people released, only 11 have reoffended. The Secretary of State laughs, but what we are dealing with here is the most serious offenders who, under the law, are expected to show that they would go straight, if they were released. He is laughing, but the laugh will be on the other side of the Conservatives’ faces when and if his measures go forward and people are released before it is safe for them to be released and they commit further offences. He will be the person to blame for that.