Sentencing (Pre-Consolidation Amendments) Bill [ Lords ]

Robert Courts Excerpts

Second reading committee & Second reading committee: House of Commons
Tuesday 17th March 2020 General Committees

[The Parliamentary Under-Secretary of State for Justice (Chris Philp)]

I beg to move,

That the Committee recommends that the Sentencing (Pre-consolidation Amendments) Bill [Lords] ought to be read a Second time.

As always, Dame Rosie, it is a great pleasure to serve under your chairmanship. The purpose of the Bill is to make amendments to existing sentencing legislation in order to facilitate the enactment of the Law Commission’s Sentencing Bill, which will consolidate the law governing sentencing procedure in England and Wales into a single Sentencing Code. Although the may be technical in nature, at its heart this legislation is about legal certainty. Hon. Members will agree that the law must be clear and accessible; unfortunately, it has become difficult to say that with any sincerity about the statute governing sentencing procedure. It is well known and understood in the legal community that this body of law has grown incredibly complex and disparate over the years, even for the most experienced practitioners. Sentencing legislation now runs to over 1,300 pages; judges and barristers alike say it is too complicated and needs to be consolidated. Indeed, it is noticeable in the Court of Appeal that quite a large number of appeals against sentences are successful not on the ground that the sentence is too lenient or too harsh, but on the ground that an error in law has been made, owing, we think, to the complexity of sentencing legislation. This Bill and the sentencing code that will follow it are designed to correct that uncertainty.

The sentencing code will bring together all the procedural provisions on which courts need to rely during the sentencing process, including those detailing the general legislative principles of sentencing and the types of sentence a sentencing court may impose. By bringing these provisions into one place and providing them with a coherent structure, the code will assist judges and legal professionals in identifying and applying sentencing procedural law. That will help to reduce the risk of error, appeals and delay in the sentencing process and improve the transparency of the process for the general public.

I cannot stress enough the significance of this to practitioners. The Law Commission was asked in 2014 to undertake a review, and the sentencing code, which has just been introduced in the House of Lords and which directly follows this Bill, was developed by the commission in the following years. The commission published its report in November 2018; it included a draft of this Bill and the separate Sentencing Bill, which will create the sentencing code. The main recommendation in the report was to enact both pieces of legislation, but before the Sentencing Bill can be enacted, technical changes to existing legislation are needed to facilitate the consolidation of sentencing procedure, and this Bill will make the necessary changes.

[Robert Courts (Witney) (Con)]

I declare an interest: I am one of those barristers who used to practise in the criminal courts and use the sentencing provisions in the statutes the Ministers refers to. I want to put it on the record that this legislation is long overdue and very welcome to judges, barristers and practitioners alike, and I look forward to scrutinising the detail.

[Chris Philp]

I am delighted that my hon. Friend feels that way. As we all know, he has a long and distinguished track record practising in the criminal courts, so he has direct experience of the current complexity. As he says, judges, academics, barristers and many others support the measures in the Bill before the Committee.