Sentencing

Lord Beith Excerpts

Monday 23rd May 2011 Commons Chamber

[Sadiq Khan]

I can tell the hon. Gentleman exactly what the leader of my party believes. He thinks that it is inappropriate and offensive both to victims and our criminal justice system if all offenders are given a discount of up to 50% for pleading guilty at the earliest opportunity.

Further evidence that the Government are out of touch is provided by their Commissioner for Victims and Witnesses, Louise Casey, who has argued:

“A discount of 50% offends many victims, underplays the harm that may have been caused…and can seem to be placing administrative efficiency over justice.”

Campaign groups such as Justice and the Criminal Justice Alliance also oppose the policy. The judiciary have also been critical. Lord Justice Thomas, vice-president of the Queen’s bench division, and Lord Justice Goldring, senior presiding judge for England and Wales, have said that halving sentences because of guilty pleas will fail to reflect the seriousness of offences.

The Government’s policy on law and order is a mess. They just do not get it. Before the election, the Prime Minister made promise after promise to get elected. He promised to protect front-line services and he is now cutting 14,000 prison and probation staff. His Government are also cutting front-line police, which we will debate later this evening, and 23 specialist domestic violence courts are being closed. They promised a prison sentence for anyone caught in possession of a knife—that promise was broken. They promised honesty in sentencing and that they would introduce minimum and maximum sentences—those promises were broken.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

What did the right hon. Gentleman’s party leader mean when he said:

“When Ken Clarke says we need to look at short sentences because of high re-offending rates, I’m not going to say he’s soft on crime”?

Has that gone by the board?

[Sadiq Khan]

If only the Justice Secretary was investing in alternatives to short sentences and in some of the important, aggressive and intensive work that is required instead of cutting some of those services around the country. I hasten to add that the right hon. Member for Berwick-upon-Tweed (Sir Alan Beith) has voted for some of those cuts. When the Justice Secretary talks about rehabilitation and community sentences—real alternatives—he should invest in them, too.

--- Later in debate ---

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

I begin by saying that the Lord Chancellor should not have used words that led people to believe that he did not treat all rapes as serious crimes. However, when I set that against his attempt to create a rational debate on criminal justice policy, I know on whose side my sympathies, in general, lie. In addition, it was a tactical mistake of the Opposition to turn that into a resignation issue, and a further demonstration that we need such a rational debate.

Furthermore, the debate on extending the discount for early guilty pleas should not have become focused on rape, because it might be more appropriate for other crimes. I remain to be convinced that the enhanced discount will produce the full intended savings in the prison population. It is worth pursuing for some crimes and would be inappropriate for others. The current one third discount needs the careful exercise of the judge’s discretion, which is in some ways circumscribed too much, because distinctions must be drawn between cases in which a guilty verdict is almost inevitable, and those in which a guilty plea avoids lengthy proceedings with an uncertain outcome.

The aim of getting guilty pleas earlier is sensible, but many court-door pleas are based on the lack of early knowledge of the prosecution case, or a belief that witnesses will be intimidated into not turning up. Greater discounts will not of themselves change that. If the policy succeeds, it will enable other cases to be brought to trial more quickly, which would be a very welcome development, even if it might not assist in making financial savings because it could lead to more custodial sentences.

The public continue to see length of sentence as the only way of asserting society’s abhorrence of serious crimes, regardless of whether the long sentence has any deterrent effect, which it clearly does not in some cases, and regardless of whether the offender considers the sentence to be particularly punitive. Some offenders regard community punishments as more exacting than prison, which means bed and breakfast, and three meals a day. For many offenders, life outside is disorganised, dysfunctional and not particularly comfortable.

We must ask, as my right hon. and learned Friend the Justice Secretary is asking, whether we are spending the vast resources that we commit to the criminal justice system in a way that is effective in reducing the crime and victimisation that result from reoffending. Resources are not unlimited, and it is our responsibility to use them to protect our constituents from becoming victims of crime. That requires a transfer of some resources from custody to community punishment, and from custody to preventing people, particularly young people, from getting involved in crime in the first place.

If we had only ever treated the symptoms of illness and devoted minimal effort to prevention and public health, we would have made very little progress in eradicating diseases and increasing life expectancy. We must apply some of that philosophy to preventing crime and reoffending. Every crime and instance of reoffending that is not prevented makes victims of our constituents. We need a rational debate on how we organise policy so that we prevent people from becoming involved in crime and from returning to it.

[Michael Ellis]

Further to the right hon. Gentleman’s medical analogy, does he agree that it is highly likely that people would stop prescribing a medicine if it did not work 70% or 80% of the time?

[Sir Alan Beith]

The hon. Gentleman is absolutely right. What is more, we would be better to prevent people from getting the condition in the first place than to give them medicine late in the day.

Successive reports of the Select Committee on Justice have tried to launch, support and encourage a rational debate on our criminal justice policy. That, I believe, is what the Lord Chancellor has been trying to do, and I encourage him to continue in that endeavour.