Criminal Justice and Courts Bill

Debate between Philip Davies and David Burrowes

Tuesday 17th June 2014 Commons Chamber

[Philip Davies]

My hon. Friend refers to being a defence barrister. I am sure he was very distinguished. Reference was made earlier to prison being seen as the soft option, and that community sentences are much tougher. When he was a defence barrister or solicitor representing his clients, how many times did he ask for his clients to be sent to prison because it was considered to be the softer option and he wanted to avoid a community sentence at all costs?

[Mr Burrowes]

I can actually think of occasions when I looked at a magistrate and knew my client was inevitably going to get a custodial sentence, and I had to try to convince him of an alternative. One client would not come out of his cell and spent his time doing headstands. He could take any sentence doing it on his head. There were the odd occasions when one had to be counter-intuitive, particularly with magistrates, but my hon. Friend makes an important point.

The reality that I saw as a defence solicitor—not as a barrister, I have to say—was that all too often there were occasions when prison was avoided. A good plea of mitigation from an advocate—that the young person had the knife for his own protection, or was led up the wrong path by other people and so on—has led to individuals avoiding custodial sentences. Some may say that that should come within the exceptional circumstances category and that there is full discretion for magistrates. The new clause will make it resoundingly clear that there is a minimum mandatory sentence, and that it should only be in exceptional circumstances—coercion and other serious cases that do arise, but which are an exception—that magistrates can quite properly use their discretion. The new clause would ensure that it was very clear to victims, the public and offenders themselves that those who carry knives will go to prison. That has applied for some years to repeat drug offenders, repeat domestic burglars and repeat firearm carriers, and I understand that it is having an effect in relation to firearms offences in particular.

Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Philip Davies and David Burrowes

Wednesday 29th June 2011 Commons Chamber

[Philip Davies]

Does my hon. Friend also accept that the current guidelines for addressing threatening behaviour with a knife state that a magistrates court should refer the case to a Crown court because the magistrates court is not considered to have sufficient powers to punish such people? A six-month penalty could easily become a maximum, rather than a minimum, sentence for the offence.

[Mr Burrowes]

My hon. Friend makes the point that the current guidance states that such people should receive a serious custodial penalty, and the clause tries to reaffirm that in statute, but we need to ensure that, notwithstanding the worthy intentions of the clause, we do not downgrade the simple possession offence; otherwise a clever lawyer might use it to put in an alternative plea of simple possession, which lends itself to a lesser, non-custodial penalty when compared with the aggravated offence. Ministers may want to pass a note to the Sentencing Council to make it clear that the current guidance on simple possession should remain intact.

I also recognise that there are retributive elements in the Bill. There is the important extension of curfews, which my hon. Friends will very much welcome, and we need to recognise that there are more tools in the box for dealing with matters on a community basis and retributively in order to ensure that liberty is restricted and for a longer period.

The second element of the justice system should be a proper restorative element—the basic requirement of justice to make amends as far as possible. Victims should be central to our justice system, and I hate it when people refer to a victimless crime. It greatly concerns me, because when I see what is happening in Enfield, in particular, and elsewhere, I do not see a victimless crime. That is why I welcome the clause that will ensure a positive and much stronger duty to order compensation for any loss or damage, for personal injury and, indeed, for bereavement or funeral payments.

We all know of cases in which people have waited months and months to hear about a claim to the Criminal Injuries Compensation Board for funeral payments, and the Bill will give much greater access to, and opportunity for, compensation involving people who are victims of the most serious crimes. Similarly, there needs to be proper reparation and compensation for minor crimes.

Currently, the compensation order system is seriously underused. Only 18.1% of offenders in 2010 were ordered to pay compensation. That must change and, as a result of this Bill, it will, but I encourage Ministers to ensure that the duty on all courts extends to reparation, so that not just financial but other means of restorative justice are recognised.

Often, when the door is shut on the prisoner, the victim is shut out as well, so we need to ensure that when prisoners are inside they feel a proper sense of responsibility and do not forget that there is a victim. That is why we are implementing the Prisoner Earnings Act. It was enacted in 1996, and ironically we have had a plethora of legislation since, but that good piece of legislation, which Hartley Booth introduced, is now and quite properly going to be implemented.

The Act recognises that we are not going to accept the answer that I received from the Home Office, when I asked it why it was not going to introduce the legislation in 2007. The Home Office said, “We don’t think that prisoners will be able to find the work or work enough to make this viable.” We are not accepting that, because this Government have a much greater ambition.

We are not going to let prisoners sit idle in their cells; they will do proper work purposefully, and their earnings will go into a victims’ fund. The expectation is for £1 million: £1 million of ambition that the previous Government did not have; £1 million that will and should go into the hands of victims. We need to ensure proper enforcement, too, so that the current outstanding compensation payments of some £152 million reach the right people.

We need to ensure that there is retribution, restoration and rehabilitation. The rehabilitation revolution will go much further and deeper than simply this Bill, because it will ensure that we have payment by results. The right hon. Member for Blackburn talked about outcomes—from a previous Government who were all about process, targets and messaging. Well, we are into outcomes, but we are into proper outcomes, so we will have not just the Peterborough example, although that is welcome. Our ambitions are much greater than simply to introduce a social impact bond in Peterborough.

London Local Authorities Bill [Lords] (By Order)

Debate between Philip Davies and David Burrowes

Wednesday 13th October 2010 Commons Chamber

[Philip Davies]

No, I absolutely do not, because I do not want unnecessary regulation. My hon. Friend’s point of view is that the voluntary scheme has not worked, but his colleagues have not expressed that view. Even if it has not worked, however, I reiterate the point that if such information is so important to customers, they will presumably give their trade only to premises that already display it. If they do not like the fact that it is not displayed, they do not have to go to such places; they can go somewhere else. That is how the free market operates, and it is the free market that I believe in. I am sorry that my hon. Friend has such little faith in the free market and the principles upon which it works.

[Mr David Burrowes (Enfield, Southgate) (Con)]

My hon. Friend makes a characteristically good case in support of his argument, and I join him in supporting—

[Mr Deputy Speaker Mr Lindsay Hoyle)]

Order. Some hon. Gentlemen have just come into the Chamber, but in fairness they ought to have been here for most of the debate. I am being quite lenient, but I really do think that we ought to think about that in future.