Lord Pannick
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(3 days, 7 hours ago)
Lords Chamber
Lord Pannick (CB)
Can the noble and learned Lord clarify, at an appropriate point, subsection (2) of the proposed new clause in Amendment 68? It says:
“Sentencing remarks may be published only”
in certain circumstances. My first question is: is that meant to restrict the rights of the victim under subsection (1) of the proposed new clause to obtain the remarks, or is it concerned with further publication?
My second question relates to the proposed new subsection (2), which says:
“Sentencing remarks may be published only where a judge … has approved their release, having regard to—”
two factors, which it lists. Is it intended that those are the only factors that the sentencing judge can have regard to—that is
“the accuracy of the record and … the need to comply with any reporting restrictions”—
or is it intended, which I would hope not, that the sentencing judge would have some general discretion here?
Lord Keen of Elie (Con)
I am obliged to the noble Lord. It is intended that the court should have regard only to the two elements that are referred to therein.