Judicial Review and Courts Bill (Sixth sitting)

Liz Twist Excerpts

Committee stage
Tuesday 9th November 2021 Public Bill Committees

[James Cartlidge]

The answer is very simple. If the person concerned is innocent and pleads not guilty, the case is heard in court. This procedure is for people who are guilty and wish to plead guilty online to save themselves the hassle of going to court, given that they are guilty.

[Liz Twist (Blaydon) (Lab)]

rose—

[Alex Cunningham]

rose—

[James Cartlidge]

Hang on, there were simultaneous interventions. I will give way to the hon. Member for Blaydon.

[Liz Twist]

I wanted to address the issues in amendment 49 that we discussed at the evidence session with Justice, which is the class of case that will be dealt with through the system. I raise it now because the Minister is talking about the ease of going through the automatic procedure. Is he not concerned that people will be tempted to plead guilty just to get it over with, and will then find that they have a conviction? In my experience as a trade union officer, people accepted a caution because it got it out of the way, but then found that they had a criminal record that they had to declare to their employer.

[James Cartlidge]

It is a good question. I respect the hon. Lady’s background before she became an MP and she speaks with a lot of experience. These are non-recordable offences, such as not being in possession of a valid ticket on a train or tram or having an unlicensed fishing rod. They are all non-recordable, so they will not result in a criminal record.

I will amend what I said earlier to my hon. Friend the Member for Sleaford and North Hykeham. When I said “if a person is innocent”, I meant to say “if they intend to plead not guilty.” It is a semantic point but important to get right.

--- Later in debate ---

[James Cartlidge]

Thank you, Sir Mark.

This is a new procedure; it is a new means of realising whatever the outcome of a case is. It is not a new form of justice—let me be absolutely clear about that. People plead guilty or not guilty to these offences every day and in the overwhelming majority of cases there is no legal representation because the cases are straightforward. I accept the point made by the hon. Member for Stockton North, but I hope he is reassured by the fact that defendants will be advised of their right to obtain legal advice under the procedure and will be entitled to request a full trial and obtain counsel at any time during the process if they so wish.

Amendment 50 proposes to insert an additional level of detail into primary legislation, which I would argue is unnecessary. It would require the documents served on defendants to explain the consequences of agreeing to an automatic online conviction and penalty, and direct the defendant to legal advice and information.

We have already been clear that defendants will be provided with all the information they need to make an informed decision. That specifically includes making sure that they are aware of the consequences of entering a guilty plea and accepting a conviction. The notice and online process for the procedure will be very similar to the one for the single justice procedure, which clearly sets out the consequences of making a plea. As I have said, I am happy to send copies of the single justice procedure document to colleagues.

The notice that defendants receive formally commences proceedings for the offences and gives them a set period of time in which to respond. The notice will advise defendants to use this time to obtain legal advice. As I said before, only summary-only, non-imprisonable offences that are straightforward and simple to prove will be eligible under the new procedure. As such, we intend the design of the procedure to be simple enough to be used without legal assistance.

I hope that the hon. Member for Stockton North will be reassured by the fact that we intend to implement the procedure for a small number of offences to begin with and will carefully review how it operates before deciding whether to extend it any further.

[Liz Twist]

I welcome the Minister’s assurance that the procedure will not be extended. However, he has just mentioned that the offences to be considered under the procedure will be reviewed. Concern was expressed during our evidence sessions that the procedure might be extended to other offences, so what further reassurance can the Minister give on that issue?

[James Cartlidge]

I was just about to conclude, but I think I am due to cover that point in detail when dealing with the other groups of amendments. If I am mistaken, I will make sure that it is covered, but I think I will go into more detail about that issue later, if the hon. Lady will forgive me.

As I have set out, we already have the appropriate safeguards in place to ensure that defendants are fully informed of their options under the new procedure. These amendments are therefore unnecessary, and I urge the hon. Member for Stockton North to withdraw them.