Offender Rehabilitation Bill [HL]

Lord Woolf Excerpts

Monday 20th May 2013 Lords Chamber

[Lord Woolf]

My Lords, we have heard some hugely impressive speeches generated by the action that the Government are proposing in the Bill. Those speeches raise the hope that we may, at last, be able to do something about reoffending, which has unfortunately been low on the agenda of successive Governments, certainly during the periods when I have been involved in criminal justice.

I should disclose that I am now the chairman of the Prison Reform Trust. The matters raised in the Bill are of considerable importance to the trust, which has, as I am sure the Minister is aware, done some very valuable work in preparing for this debate.

Like every other speaker in this debate, I welcome the Bill with enthusiasm. However, I urge the Minister and his department to pay heed to the words of caution that have also been expressed. Those of my seniority—in age, at any rate—know that other attempts that have been made in the past have bitten the dust because what started as very optimistic progress turned to something very different when it was found that these proposals would not succeed without resources. They did not succeed because they did not have the financial backing necessary for change on the scale that is now proposed by this Bill. They also did not succeed because the groundwork that is necessary to introduce reforms on this scale had not been undertaken. I am afraid it is obvious that, because they are understandably in a hurry, the preparations that the Government have made for the introduction of this scale of change are very modest indeed. I urge the Ministry of Justice to proceed with caution, even though its objectives are excellent and the possible rewards are considerable.

It has been pointed out that the numbers involved in the exercise—of those sentenced to short periods of imprisonment—are very large indeed. We are talking about more than 50,000 people, who will be coming before courts up and down the land. The Bill will create problems, as has already been indicated, as there will be a temptation in some courts to undermine the objective of the Bill by seeing the proposals for dealing with reoffending as justifying short sentences. I am one of the many who have previously urged courts not to impose short sentences because they are destructive of the process, as they are extraordinarily difficult for the Prison Service to manage. The consequence of short sentences is the reoffending rate of which we are aware. What can be achieved by a short sentence in prison can always be better achieved, in my experience, by a community sentence. Of course, there comes a stage when courts have to use short sentences. Magistrates up and down the country will tell you that they need short sentences when there is no alternative. However, short sentences should be limited to those cases where there really is no alternative and where the length of the sentence is as short as possible.

I wonder, and ask the department to consider carefully, whether the blanket approach, of taking a category of short sentences and applying the process proposed in the Bill to everyone caught within that blanket, is the right process. Is there to be no judicial involvement in determining whether the case is one that really needs the expense of the rehabilitation process involved? There are offenders, who have to go to prison, for whom the one sentence of imprisonment is likely to lead to the end of any further problem so far as they are concerned. We tend, in the Bill, to focus on the cases that fail; but however bad the statistics are, we have to realise that there is the other percentage—if it is 58% or 42% who do not come back before the courts. Who will judge whether this case is one that needs to be the subject of the action that is taken?

The most recent attempt to do something similar to these government proposals was custody-plus in the Criminal Justice Act 2003. This became law with the same admirable objectives proposed here, but when the department at that time was faced with the question of whether to bring it into law, it turned away. We must not make that mistake again.

So many other points have been drawn to the attention of the House and the department that indicating them again would not help. However, I remind the House of the experiment—briefly referred to—of the Liverpool community court. It showed that there are other features which are important for rehabilitation —in particular, the fact that those who need special rehabilitative assistance should be provided with it promptly. This is an administrative problem. Unfortunately, the successful community court experiment in Liverpool has not been repeated to the extent that it should have been up and down the country. The reason is again a lack of resources. I am afraid that resources will be at the heart of this reform and I hope that the Minister’s department will think carefully about the introduction of these reforms, to ensure that the resources will be available.

Finally, it is welcome to see the noble Lord, Lord Ponsonby, come here to assist the Opposition on this. The practical experience of a magistrate who has dealt with these matters over many years is something to which everybody should pay attention.