Legal Aid, Sentencing and Punishment of Offenders Bill

Lord Dholakia Excerpts

Tuesday 7th February 2012 Lords Chamber

[Lord McNally]

That is why the amendment is not necessary. Since a number of noble Lords had referred to the damaging elements of short sentences, I thought that it was worth putting on the record that, as a lay man in all this, I have had pointed out to me by people with considerable experience areas where the short sentence is effective. I certainly acknowledge that my noble friend said as much in her introduction. Her amendment is not an attempt to prohibit short custodial sentences; rather it seeks to create a kind of presumption that a short custodial sentence will not be imposed unless the alternatives are considered and found to be inappropriate. Such a statutory provision already exists. Section 152 of the Criminal Justice Act 2003 places restrictions on imposing discretionary custodial sentences. Section 152(2) sets out what is sometimes called the “custodial threshold”, the test that has to be met before a custodial sentence can be imposed:

“The court must not pass a custodial sentence unless it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was so serious that neither a fine alone or a community sentence can be justified for the offence”.

That is the current situation. I suggest to my noble friend that the current requirement is stronger and more wide-ranging than that proposed in this amendment.

I welcome a reminder of the importance of imposing short custodial sentences in essence as a last resort. I see, as I have always done, the full importance of rehabilitation. However, I do not think that this amendment adds significantly to the current law. I hope that the noble Baroness will feel able to withdraw her amendment.

[Lord Dholakia]

My Lords, would the Minister seriously consider the suggestion by my noble friend Lady Linklater about the proper liaison between the probation service and the magistrate? I chair a commission by the Magistrates’ Association on the future of summary justice. Evidence has been taken from across the country. What comes out very clearly is the extent to which there is effectively good rapport where you have good liaison between the magistracy and the probation liaison committees or probation officers. But there are a number of areas within the country where that does not happen. Could the Minister establish in which areas magistrates’ courts have proper liaison? If that information does not exist, would he issue guidelines so that they can be recommended good practice for this continuous liaison, which is in the interests of both justice and the offender?

[Lord McNally]

If there is anybody I take even more notice of in these matters than my noble friend Lady Linklater, it is my noble friend Lord Dholakia. I will take away that suggestion. As I said, we are looking at the question of expenses in helping to grease the wheels of better liaison. If my noble friend’s suggestion is feasible, I am sure that we can take it forward. I will certainly take it away and think about it.