Police, Crime, Sentencing and Courts Bill

Debate between Lord Marks of Henley-on-Thames and Lord Hogan-Howe

Report stage
Wednesday 12th January 2022 Lords Chamber

[Lord Hogan-Howe (CB)]

My Lords, I support the noble Baroness, Lady Coussins, as I have from the beginning, as a layman who does not understand an awful lot about interpreting standards but does understand the importance of evidential matters going through tribunals needing to be of a high standard.

What has confused me from the beginning—as I think the noble and learned Lord, Lord Hope, suggested —is that the Government’s response is that they do not prefer the standard that the noble Baroness, Lady Coussins, offers and that they therefore want to rely on the standards that are in the contract. However, it is not at all clear what that standard is, because the easiest response would be that the standard in the contract is far better than the standard she offers, but no one is saying that. There is clearly a differential standard for different acts; the Minister mentioned something of the order of a thousand different scenarios leading to different qualities of interpretation, but I am not sure that that would lead to a thousand different standards.

It is clear from the Metropolitan Police’s experience that, broadly, there is a split between face-to-face contact and other types, but the real split is whether the material interpreted is going to be evidential. Often, a person who is arrested needs to have a conversation with the charging sergeant about who they are and whether they need medical attention—all the common tactical things that people need to talk about—or the police may need to talk with a victim at the scene of a crime. That can be achieved by telephone. That immediate conversation has some value, of course, but not in the context of an evidential test. When it comes to an interview, a prosecution decision and, obviously, attendance in court, it is vital that that standard is of the highest level.

Therefore, I support the amendment of the noble Baroness, Lady Coussins, but if it cannot be achieved in this Bill, I think the proposal for an independent inquiry is a reasonable next step.

[Lord Marks of Henley-on-Thames (LD)]

My Lords, I spoke at length on this amendment in Committee and attended the meeting with the noble Lord, Lord Pannick, the noble Baroness, Lady Coussins, and the right reverend Prelate the Bishop of Leeds, who also signed the amendment. It has led to a full and thorough response from the Minister, and we expect him to announce a full and independent review. If that is right, that is extremely welcome news. I join the noble Baroness, Lady Coussins, in saying that it would be extremely helpful to have an indication of the timescale of such a review—if that is to be announced—because of the imminence of the renewal of the contracts. It would also be extremely helpful for us to have an indication of how the independence of the review will be assured, because independence is a relatively flexible word, and it is an extremely important part of this.

For all the reasons given by the noble Lord, Lord Hogan-Howe, the standard of interpretation is incredibly important to the maintenance of justice where there are litigants, parties or witnesses for whom English is not their first language. We talked about the importance of having the undisguised and unchanged evidence of the witness before the court in an evidential case without the interpreter’s view of matters intervening. That calls for the very highest standards of quality and for any review to be completely independent.

Police, Crime, Sentencing and Courts Bill

Debate between Lord Marks of Henley-on-Thames and Lord Hogan-Howe

Lords Hansard - part one & Committee stage
Wednesday 17th November 2021 Lords Chamber

[Lord Hogan-Howe (CB)]

My Lords, I broadly support a rise in the age of criminal responsibility. I think the review is a good idea, and of course it should be science-based. The danger of going for 12 years, which is an improvement, is that it could be higher if only we thought about it well. I would be open-minded on whether it needs to be a matter of law or a government commitment to carry out a review.

There is just one area which I hope such a review might consider. The Bulger case is often referred to, for obvious reasons. Hard cases can make very bad law; we are aware of that. But I do think that that type of case imposes a duty on government to consider people’s concerns. There are two concerns that people might have if they lived in the area. One is where the child would live on return to society. That could be covered through care proceedings—you can control where someone lives and who they live with. The second is their occupation. If, at the age of 18, the murderers were released—as they were in the Bulger case—and wanted to go into childcare, or any of the care professions, would people be content with that? There would at least be a question about whether that would be wise. If they only have a care proceeding against them, they would be perfectly entitled not to declare what they were involved in at the age of 10. My point is not that they should be criminalised and therefore always carry that with them, but about how you manage their occupation, subsequent to their reaching an adult stage. It can be managed without criminalisation, but such a review might want to consider how that could be done most efficiently.

[Lord Marks of Henley-on-Thames (LD)]

My Lords, I am constantly amazed by the persistence of this generally civilised country in being willing to treat children of 10 and 11 as criminally responsible.

The noble and learned Baroness, Lady Butler-Sloss, my noble friend Lord German, the noble and learned Lord, Lord Brown of Eaton-under-Heywood, and all other noble and noble and learned Lords who have spoken have made the argument persuasively and on the basis of the scientific, social and international evidence. I say no more about the strength of the evidence.

The noble and learned Baroness, Lady Butler-Sloss, also pointed out the degree to which government inaction on this issue has been based on public prejudice and the Government’s pandering to it. Bluntly, that is moral cowardice, not leadership. Many of us find it unbelievable that, uniquely in western Europe, our children of 10 and 11 can be treated as criminals, when it is entirely clear that they lack the psychological maturity that is appropriate for any legitimate view of criminal responsibility. Why did change come successfully to Scotland and yet the Government seem unprepared to make it here?

I pay tribute to my noble friend Lord Dholakia, who has campaigned tirelessly on this issue for many years. I know he will have been most disappointed to have been unable to attend to speak today. But the House has fully recognised in this debate his commitment and his major contribution on this issue, and we will wish to send him our good wishes for a full and swift recovery.

Amendment 221A in my name and that of my noble friend Lord German has a different purpose. It is to pursue the worthwhile goal of diverting young offenders away from the criminal justice system and towards alternative methods of encouraging them to avoid offending. Youth offender teams have been established since 1998 and have as their function helping young offenders under 18 under supervision of the Youth Justice Board. Central to their function has been to establish services within their local communities to help prevent offending and reoffending. They have a wide remit that permits them to organise a range of activities in an effort to keep young people away from crime. Sometimes this involves involving young people in a form of restorative justice by bringing them into contact with their victims and helping them to organise reparation where it is thought that might help the offender and be accepted by the victims. Among their functions is to help supervise community sentences for young people. Our amendment is designed to help youth offender teams fulfil their function by diverting young people within their area away from the criminal justice system.