Asked by: Lord Bourne of Aberystwyth (Conservative - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what steps they are taking to explore alternatives to custodial sentences.
Answered by Lord Keen of Elie - Shadow Minister (Justice)
Sentencing in individual cases is entirely a matter for the independent courts. Custody should be imposed as a last resort. By law, courts are required to be satisfied that the offence committed is so serious that only a custodial sentence can be justified, and even when that threshold is met, the courts are able to consider whether a community sentence would be better in that particular case.
The Queen’s Speech set out plans for new sentencing laws, including proposals for tougher community sentences, which will offer courts further effective alternatives to custodial sentences.
Asked by: Lord Bourne of Aberystwyth (Conservative - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government when they expect the Law Commission review into hate crime to be completed.
Answered by Lord Keen of Elie - Shadow Minister (Justice)
The Law Commission were invited to review the law on hate crime and to make recommendations for its reform. The review began in March 2019 and will also consider which characteristics (for example gender, age, disability) deserve enhanced protection by the criminal law and on what basis.
The Law Commission plan to issue a consultation on this matter in early 2020. Further information on the review can be found on the Law Commission webpage at: https://www.lawcom.gov.uk/project/hate-crime/
Asked by: Lord Bourne of Aberystwyth (Conservative - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what assessment they have made of using a model of University Cum Court Annexed Arbitration for civil disputes to aid those who are unable to afford legal fees.
Answered by Lord Keen of Elie - Shadow Minister (Justice)
The Government has made no assessment of University Cum Court Annexed Arbitration. However, the Government supports early dispute resolution and it is playing a key role in the HMCTS court reform programme. For example, the Online Civil Money Claims Service has recently started piloting a new approach where claims up to £500 are automatically referred to mediation, unless both parties ‘opt out’. The results of the pilot and the impact of this approach will be evaluated.
Asked by: Lord Bourne of Aberystwyth (Conservative - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what training they provide for magistrates.
Answered by Lord Faulks
Responsibility for the training of magistrates rests with the Lord Chief Justice and this is exercised through the Judicial College. The National Training Programme for Magistrates provides the framework of training and appraisal for magistrates who sit as chairs and wingers for each of the jurisdictions of Adult Court, Youth Court and Family Court in England and Wales.
The training programme supports the learning and development of magistrates to a consistent standard across England & Wales to enable them to perform their duties effectively. Magistrates will go through an induction process and thereafter attend continuation training. The Judicial College supports the training process by providing Bench Books for the Adult, Youth and Family proceedings. Where a need is identified, the Judicial College will also provide training materials to the magistracy for the implementation of major legislation and other changes.
Magistrates are advised in court by their legal advisers who, as professional lawyers, will keep themselves up-to-date with legal developments.