UK Parliament / Open data

Coroners and Justice Bill

Perhaps I may make it quite clear, since I might be misunderstood, that when I asked the question I did of the noble and learned Baroness, Lady Butler-Sloss, it was not because I was in any way not enthusiastic about creating these new offences—I am. However, I also think that it will be necessary to use the civil law in aid of the criminal law. Although I entirely understand the problem that if people are in slavery, they will not be in a position themselves to invoke the civil law protection, there are already statutes such as the one on protection against harassment, the common law on false imprisonment and so on. We have found with female genital mutilation that we created the crime but there has not been a single prosecution, for reasons that are fairly obvious. I hope that we will create new offences here. However, in order that we can translate those into something that gives effective protection, it cannot just be left to the police service to do the enforcement. We will need to do something; not the same as with forced marriage—of course not, it is a different problem. But there will be a need to think about employing civil protection and not just relying on criminal sanctions, with the criminal burden of proof and all the difficulty about doing so. I am enthusiastic about the amendment tabled by the noble Baroness, Lady Young, but I think that we may have to go further if we are to make it more than simply another crime on the statue book.
Type
Proceeding contribution
Reference
712 c859 
Session
2008-09
Chamber / Committee
House of Lords chamber
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