Justice: Non-custodial Sentences

Lord Dholakia Excerpts

Thursday 23rd January 2014 Lords Chamber

[Lord Faulks]

My Lords, this Government take the view that the sentencing of a particular offence is best left to the individual judge, who has knowledge and appreciation of the particular facts surrounding the commission of an offence. There are guidelines and, as the noble Lord will be aware, recent sentencing guidelines on sexual offences provided by the Sentencing Council, an independent body. If he cares to read those sentencing offences guidelines, he will realise how lengthy the suggested sentences are. If, in a particular circumstance, a judge passes a sentence which is unduly lenient, of course the Attorney-General can take that unduly lenient sentence to the Court of Appeal for review.

[Lord Dholakia (LD)]

My Lords, while there is concern that those sentenced to a non-custodial alternative may reoffend, is it not right that the courts should send to prison those whose reoffending makes any other course unacceptable, and that those who are sent to prison should stay there no longer than is strictly necessary?

[Lord Faulks]

My Lords, I speak as someone who sat as a recorder—a part-time judge—throughout the period of the previous Government, and deciding whether or not to send someone to prison is the most difficult task that we perform. Sometimes people have to be sent to prison; on other occasions, it is considered possible and sensible, in the long term, to provide them with the opportunity of rehabilitation within the community. This Government are committed to providing constructive things for people to do while they are being rehabilitated in the community, and I agree with my noble friend.