Justice: Reform of Punishment, Rehabilitation, Sentencing and Legal Aid

Lord Thomas of Gresford Excerpts

Tuesday 21st June 2011 Lords Chamber

[Lord Thomas of Gresford]

My Lords, I congratulate my noble friend on the review of indeterminate sentencing, which constitutes an injustice that has been perpetrated over a number of years. Many people are suffering as a result of those sentences having been passed on them. Are there any proposals for dealing with those who are serving indeterminate sentences and cannot get their freedom, though the tariff period has elapsed, because they cannot get access to courses?

I also applaud the abandonment of the proposed 50 per cent automatic reduction for guilty pleas. I have always opposed the concept that this Government, or any Government, should say what a proper sentence should be. Things can vary enormously, from an overwhelming case where the person must plead, to situations where there is very little case and a plea of guilty indicates remorse. A judge is in a position to judge that at the time. Do the Government intend that judges should continue to exercise such a discretion? However, I am dismayed by the reference to mandatory life sentences. They exist only for murder. Is it proposed that mandatory life sentences should be imposed for anything other than murder? That would be a very strange thing to happen.

Clinical negligence is to be out of the scope of legal aid. Surely the Government will permit the granting of legal aid for the investigation of clinical negligence, which is hugely expensive and beyond the means of anybody, particularly where children are involved. Justice demands that clinical negligence be properly supported to that degree.

Finally, on family law, have the Government considered the importance of family solicitors in reconciling parties on issues such as custody and maintenance and the enormous amount of money that they save from having these disputes settled out of court?