Legal Aid, Sentencing and Punishment of Offenders Bill

Lord Woolf Excerpts

Tuesday 20th March 2012 Lords Chamber

Moved by

[Lord Woolf]

152BZZA: After Clause 72, Insert the following new Clause—
“To add restorative justice to the statutory purposes of sentencing
In section 142(1) of the Criminal Justice Act 2003 (purposes of sentencing) after paragraph (c) insert—“(ca) the achievement of restorative justice,”.”

[Lord Woolf]

My Lords, Amendments 152BZZA, 152BZZB and 152BZZC all deal with restorative justice. Restorative justice is one of the areas of good news in the criminal justice system. I should have said—I do so with apologies now—that I have the considerable advantage that the noble Lord, Lord Dholakia, supports what I propose in these amendments. Indeed, the right reverend Prelate the Bishop of Liverpool would also have supported the amendment had he been able to be present today.

The fact is that the benefits of restorative justice are now widely accepted, but its role in the criminal justice system is sadly lacking in statutory recognition. It is essential that it now receives this recognition, and the Bill would be an appropriate vehicle for that recognition to be provided.

In Committee, an amendment before the House sought to give statutory recognition, but the statutory recognition then proposed is very different from what is now being sought. I have to concede that the amendment that was put before the House then was not, even with the skills of the noble Lord, Lord McNally, capable of being tweaked to achieve the purpose needed. Following in the footsteps of the Government in relation to the amendment that we just dealt with, for which the Government should be congratulated on taking such a positive role, the present amendments were drafted at a very late stage at the end of last week. Those amendments followed a similar pattern, although there is a significant difference between restorative justice and the alcohol and monitoring requirements.

The present amendments are to the Criminal Justice Act 2003, which provides the framework for sentencing that is of great importance to courts up and down the land when they come to sentence. In relation to three separate aspects of the statutory provisions they ask no more than that one of the options—one of the menus—that those statutory provisions should include is restorative justice. That is needed, and it is surprisingly lacking.

The amendments would require the Government to take no action and would require them to spend no money, but they would take into account the fact that it has been established as a result of experience that restorative justice has an important part to play in the administration of justice, not only in ensuring that offenders receive the right sentences from the court, but in protecting victims. I would like to stress that aspect of the matter, because the Ministry of Justice, in its admirable consultative paper, Getting it Right for Victims and Witnesses, sets out what a significant role restorative justice can play. Paragraph 114 on page 39 of that document states:

“In partnership with the Home Office we will develop a framework for restorative justice. This will provide guidance to local practitioners and help support them to develop and deliver effective, best practice restorative justice approaches suited to local need”.

That is clearly something that is required. It follows on from the statements in the same publication that in 85 per cent of cases where there has been restorative justice,

“victims who participated in the schemes were satisfied with the experience”.

The document also states that it is estimated that there was a,

“14% reduction in the frequency of re-offending”,

as a consequence of the use of restorative justice.

If the full impact of the amendments now proposed had been delivered in a rather more timely way, there could have been consultation between myself and Ministers so that it could have been explained from the point of view of those who have the task of sentencing in courts just why these amendments are needed and appropriate at this stage. Although the matter was only put down in its current form a late stage, for which I owe the House and the Government an apology, we now have a proposal that fits in with what the Bill is trying to do. I personally can claim very little of the credit for these amendments. They are the product of excellent work by the Prison Reform Trust, of which I declare my position as chairman, the Restorative Justice Council and many others—in particular, Paul Cavadino, whose knowledge in this area is quite outstanding. If the Government cannot accept these amendments today, I urge them to give me and those who support me an opportunity to explain in detail why these amendments are very constructive and have no conceivable downside as far as I can ascertain. I hope the Government will listen and respond to what I have just said.

[Lord Dholakia]

My Lords, it is clear from our debates in Committee that there is agreement in all parts of the House on the merits of restorative justice and the case for ensuring that it is seen as a central and fundamental part of our criminal justice system. I will make five key points. First, it has a salutary impact on many offenders by bringing home to them the impact of their offence on victims. All too often offenders minimise or simply do not think about the effect of their actions on other people. In a restorative justice process the offender has no alternative but to face up to the impact of his or her offences on those at the receiving end. Secondly, restorative justice gives victims much more satisfaction than other ways of dealing with offenders. A lot of research has been carried out on this point. It is clear that victims who have been through restorative justice express satisfaction with that process. It enables victims to tell their story, express their hurt and receive recognition in a way that no other procedure does. It helps to give victims closure, reduce trauma and reduce their fear about the future. Many victims also feel very positive about being involved in a process which can contribute more effectively to the rehabilitation of the offenders. Thirdly, restorative justice reduces reoffending. I have the Home Office research. It found that it did so by around 14 per cent. The process thereby helps to reduce the number of people in the future who would otherwise have suffered loss, distress, injury or damage as a result of crime. Fourthly, restorative justice saves money. The Restorative Justice Consortium has estimated a cost saving of £185 million over two years based on 70,000 cases and a return of £9 for every £1 spent. Finally, a wider use of restorative justice will help to increase public confidence in sentencing. An ICM poll that was carried out last year found that 88 per cent of people wanted victims to have the opportunity to inform offenders of the harm and distress they have caused.

There were a number of speeches in Committee on this matter so I will not repeat all the arguments in favour but I want to put two or three suggestions to the Minister. The noble and learned Lord, Lord Woolf, has tabled these new clauses and I think they require some discussion, even between now and Third Reading. One way is to include restorative justice in the statutory purposes of sentencing. Another is to enable courts to include restorative justice requirements in community orders. Another option that is open is to spell out that courts can use activities to require offenders to take part in restorative justice processes. Any or all of these proposals and approaches would help to keep restorative justice in the minds of sentencers and to achieve the Government’s aim of ensuring that it becomes a central part of the criminal justice system. This is not the time to look at a final outcome but I hope very much that this will open up a discussion with the Government with a view to seeing if they will move on any of these fronts. I support the noble and learned Lord, Lord Woolf, in what he has said.

--- Later in debate ---

I can go further, because my noble friend Lord McNally has authorised me to invite the noble and learned Lord, Lord Woolf, to meet him and ministerial colleagues to see how his ideas on restorative justice fit in with what we are proposing. I hope that other noble Lords will play a part in this as well. I hope that the noble and learned Lord sees that as a useful way forward, so that restorative justice finds its proper place in our forthcoming consultation. I welcome the noble and learned Lord’s willingness to engage in this matter, and that of other noble Lords. I am extremely happy to ensure that his proposals on that move forward. I hope that the noble and learned Lord will be content to withdraw the amendment on that basis.

[Lord Woolf]

I thank the noble Baroness for that response and express my gratitude to others who have expressed support for the amendments. I firmly believe that they are an indication of matters that should be undertaken to take restorative justice forward as the noble Baroness just described. After the generous offer that was made for meeting with my noble friend Lord McNally, I am happy to withdraw the amendment.

Amendment 152BZZA withdrawn.