Sentencing Council Guidelines

Debate between Shabana Mahmood and Jim Allister

Tuesday 1st April 2025 Commons Chamber

[Shabana Mahmood]

My hon. Friend is exactly right. At no point has anybody on the Conservative Benches shown any humility or tried to answer the question of why they did nothing about it. As I say, the case of amnesia from which the shadow Justice Secretary is suffering seems to be as bad as ever.

[Jim Allister (North Antrim) (TUV)]

I certainly welcome the fact that the Sentencing Council has been forced to back down on its woke proposal. As the new legislation progresses, can the Lord Chancellor assure the House that there will be no dilution of the robust principles of the separation of powers and the independence of our judiciary; and that the right approach will continue to be that Parliament sets the maximum sentence for any criminal offence, and our judges decide on a case-by-case basis what the sentence should be?

[Shabana Mahmood]

The hon. and learned Gentleman is absolutely right. It is for Parliament to set the overall sentencing framework, but every single judge has to see the case in front of them and make their own decisions. As I made very clear in my statement, I will always defend the independence of our judiciary; they do vital work and are a crucial part of the separation of powers. Everything that I have sought to do, given this recent episode, has been to respect that separation of powers and assert what we properly consider to be the realm of policy, politicians and Parliament, and what is the realm of the judges.

Oral Answers to Questions

Debate between Shabana Mahmood and Jim Allister

Tuesday 11th March 2025 Commons Chamber

[Shabana Mahmood]

The law on joint enterprise has already developed somewhat since the previous Court of Appeal decision. I know that the Director of Public Prosecutions is keeping under review how prosecuting decisions are made. At this point we have no plans to go further, but I am happy to ensure that my hon. Friend can meet the relevant Minister.

[Jim Allister (North Antrim) (TUV)]

Across the United Kingdom, inquests are defined as being for the purpose of finding out who the deceased was, and how, when and where they died; they are not trials and they are not about assigning blame, even when they are extended into article 2 investigations. Yet in Northern Ireland we have had findings of blame in respect of SAS soldiers killing active terrorists. Does the Minister agree that the Crime and Policing Bill affords an opportunity, through suitable amendment, to bring uniformity to the operation of inquests across the United Kingdom?