Lord Sandhurst
Main Page: Lord Sandhurst (Conservative - Excepted Hereditary)Department Debates - View all Lord Sandhurst's debates with the Ministry of Justice
(1 day, 12 hours ago)
Lords ChamberMy Lords, I am grateful to all noble Lords for their constructive engagement with this important Bill at every stage of its passage. On behalf of my noble and learned friend Lord Keen, I thank noble Lords for their contributions both in Committee and on Report. Although there were several areas of disagreement, we on these Benches believe that the Bill, as amended on Report, leaves this House as better legislation than when it entered.
I am particularly pleased that noble Lords across this House voted in favour of Amendments 16 and 20. Open and transparent justice is a fundamental principle: it underpins democracy and the rule of law. It is therefore only right that sentencing remarks, which explain judges’ reasoning for the sentences they impose, be made available to members of the public who are not present in court.
Equally, private prosecutions are an integral part of our justice system. Where the CPS is unwilling or unable to act, private prosecutions are a vital avenue for parties to get access to justice. In particular, many charities use private prosecutions to recover losses by theft and fraud. The removal of Clause 12 preserves the current system. Clause 12 would have created a state of uncertainty in the legal market. It would have had a detrimental effect on the availability of private prosecutions for those who need that service. I thank the noble Lord, Lord Marks, for his support on these points.
Amendment 1, in my name and that of the noble and learned Lord, Lord Keen, will remove a cross-reference to a clause that no longer stands part of the Bill.
I also commend the Liberal Democrats on their engagement with the Bill. It was pleasing to find areas of agreement during the Bill’s passage. I am grateful for their amendments on both notification and exceptional circumstances for unduly lenient sentence applications. I strongly urge the Government in the other place to recognise the importance of these reforms and to support all the amendments that passed on Report. Both of the amendments before us have the support of the Conservatives and of the Victims’ Commissioner.
Turning briefly to Amendment 29, it was disappointing that the Minister spoke against our opposition to the automatic release of sexual offenders and domestic abusers at the one-third point of their custodial sentences. If the Government are still committed to their manifesto pledge of halving violence against women and girls, the amendment deserves serious consideration. I thank the noble Baroness, Lady Brinton, for her expression of support on this point. We, in turn, intend to return to this issue at a later date.
I remain grateful to all noble Lords for their contributions during the various stages of the Bill. I urge the Government to reflect carefully on the amendments relating to the publication of sentencing remarks, private prosecutions and the unduly lenient sentence scheme. I have no doubt that these issues will return to your Lordships’ House in due course. I beg to move Amendment 1.
Baroness Levitt (Lab)
My Lords, this is a minor and technical amendment following Report, and the Government will not oppose it today.