UK Parliament / Open data

Coroners and Justice Bill

I am sorry. There are a number of amendments to a similar effect. Overall, there has always been a tension between the courts on the one side, asserting their independence to pass sentences that they think are just, and the Government on the other side, trying to have a criminal justice policy. The methods that we have used so far to try to bring the two together have inherent problems of their own. Sentencing guidelines cause the problem, which I am sure the hon. and learned Member for Harborough (Mr. Garnier) will highlight, of reducing the discretion available to judges. Judges will plainly resent that. On the other hand, if we have only unguided judicial discretion, people in the Secretary of State's position will have to make resource provision for a vast number of sentences that are never used. That would massively increase the cost in the system and mean that resources were not being put to their best use for reducing crime. There might be an even better way forward than the Bill, which is for the evidence that I suggest should be built into the sentencing guidelines process to be built into the Department's policy-making process, too. If the Sentencing Council and the Department were working from the same evidence about what worked and if they had the same goal of putting what works to reduce reoffending at the heart of the system, the co-ordination of what sentencers do with what the Government do would be more automatic than it is in a system in which one side tries to tell the other what to do. However, perhaps that is a counsel of perfection. I concede that the Bill is, on the whole, a step forward, but I ask the Government to reconsider in detail how what works to reduce reoffending can be built into the system.
Type
Proceeding contribution
Reference
490 c227 
Session
2008-09
Chamber / Committee
House of Commons chamber
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