UK Parliament / Open data

Criminal Justice and Immigration Bill

My Lords, we have just listened to a very profound contribution, and I cannot sensibly add to it. Alone among those who have contributed to the debate, I shall look in a little more detail at the new clause inserted by Amendment No. 47, which has been tabled by the noble Lord, Lord Thomas of Gresford. As I understand it at the moment, I do not share the general view that it would be better than government Amendment No. 36, which I welcome. I do not know how the court, seeking to follow the guidance that it gives, could be expected to understand what it is supposed to do. The new clause states: "““It shall be the principal aim of the youth justice system to promote the welfare of children and in so doing—" which seems to me to be a syntactical infelicity— "““have particular regard to the need to prevent offending (including reoffending).””." What should the court gain from the word ““particular””? Is it intentional that there is no reference to the reform and rehabilitation of offenders, the protection of the public or the making of reparation by offenders to persons affected by their offences? All those are to be found in Clause 9(4). The new clause proposed would be a source of confusion for a court, and I genuinely look forward to hearing what the noble Lord will say about that to dispel my confusion, if he winds up on his proposed new clause.
Type
Proceeding contribution
Reference
700 c1056-7 
Session
2007-08
Chamber / Committee
House of Lords chamber
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