Sentencing Bill [HL]

Lord Alderdice Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Thursday 25th June 2020 Lords Chamber

[Lord Addington (LD)]

My Lords, I have to declare a lack of interest in this Bill. I am not a lawyer, nor one of those who has been involved in the changing of sentences, but one thing we can be absolutely sure of is that politicians do like changing them. Over the three decades that I have been here, I have heard numerous discussions in this Chamber about being tough on the law. It is one of the most constant discussions. Something that will simplify and codify the law on sentencing, even if it is a rather knee-jerk reaction—I do not doubt that that is the least important ground for doing it—has to be welcomed. Anything that makes the law easier to understand must also be welcomed.

It is easy for someone to play to the galleries, but there is a principle here which has been brought to my attention. It is Article 7 of the European Convention on Human Rights:

“Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed”.

In other words, do not toughen up the sentence because the law has subsequently been changed. I am sure that the noble and learned Lord, Lord Keen, will be able to explain to me how, under this code, that cannot happen, but there are a few other variables that he could help to clear up as well. It is odd to be talking to an empty Bench, but I am sure that he is listening.

If we are now going to have minimum sentences for certain offences, along with ways of imposing them like second strikes and so on, how is that going to work? It would be very interesting to hear about that. I am sure that many legal minds will be listening and thinking, “Oh, that is covered in such-and-such.” Can I hear the answer so that I can understand it? I am a lay person and I do not have legal training, so if I can understand it, probably just about anyone can. Please can we be helped to understand how this is going to work? If changes are made, will you be unable to go back and say, “We do not think that they should have come out of prison, and that sentence ought to have been changed.” If we are working to the principle that someone is convicted under the law, how is that going to work?

Apart from that—I hope that that explanation will be given—I have no objections to this Bill. Someone referred to the physical size of this legislation. Having walked past it, I can say that it would be quite a feat for anyone to carry a copy into the Chamber, and I doubt if many of us could manage two. There is a lot of paper involved.

[The Deputy Speaker (Lord Alderdice) (LD)]

I call the noble and learned Lord, Lord Woolf. We do not seem to be able to communicate with him, so I shall call the noble Lord, Lord Adonis.