I need hardly say that I entirely agree with the noble Lord. The noble Lord, Lord Pannick, said that it is rare for so many lawyers all to agree. It is extremely rare, but on this occasion we are also joined by many perspicacious laymen who have all expressed views in support of the amendment. I am extremely grateful to all of them. Only two Members of the Committee, other than the Attorney-General, have expressed any doubt; one was the right reverend Prelate, and I do now rather regret having put that fourth paragraph into the amendment, because in truth it is unnecessary. The Attorney-General would be able to refer such a sentence to the Court of Appeal anyway. I would say the same to the noble Lord, Lord Alton. I respect his concerns about the amendment and hope to take them fully into account before bringing the matter back at a later stage.
I am grateful, as always, for the replies of the noble and learned Baroness. However, I found them disappointing. She said that the amendment was trying to circumvent the mandatory sentence, and said in so many words that it was a fudge. It is not a fudge; it is a way of enabling the jury to enable the judge to reach an appropriate sentence in each case. She said that all the extenuating circumstances that might apply should be defined. I cannot imagine anything more silly, if I may say so. We all know that the circumstances of murder are infinitely various. To attempt to define circumstances that the jury might find to be extenuating would be impossible and would deprive the amendment of all point.
I had another point to make but I cannot read my handwriting, so I shall leave it at that. However, I promise to bring back the issue, and hope to gain all the same support, on Report. I beg leave to withdraw the amendment.
Amendment 150A withdrawn.
Clause 42 : Persons suffering from diminished responsibility (England and Wales)
Amendments 150B and 150C not moved.
Coroners and Justice Bill
Proceeding contribution from
Lord Lloyd of Berwick
(Crossbench)
in the House of Lords on Tuesday, 30 June 2009.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Coroners and Justice Bill.
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Proceeding contribution
Reference
712 c172 
Session
2008-09
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