My Amendment 188 is grouped with a number of others on the Marshalled List. The Minister will recall that when I spoke during Second Reading he welcomed our contribution on matters relating to the sentencing council, and I hope that he will look favourably at this modest amendment and respond positively.
The Sentencing Council for England and Wales, which the Bill establishes, will have eight judicial members and six lay members. Paragraph 4 of Schedule 13 sets out a number of areas in which the lay members will have experience. These include: criminal defence, criminal prosecution, policing, sentencing policy and the administration of justice, the promotion of the welfare of victims of crime, academic study or research relating to criminal law or criminology and the use of statistics. So far, so good, and we certainly welcome this. It is a logical list of areas in which members of the sentencing council might be expected to have expertise.
However, there is one surprising omission: namely, the list does not include any mention of experience in the rehabilitation of offenders. I have repeatedly raised this issue in your Lordships’ Chamber. It is a very strange omission in view of the requirements in Clause 106(11)(d) that the sentencing council should have regard, among other things, to the, ""effectiveness of different sentences in preventing re-offending"."
It is true that an academic criminologist could contribute knowledge to the sentencing council on this point, but it would surely be more helpful for the council to have input from a member or members with practical experience of preventing re-offending by rehabilitating offenders.
As to the other areas of expertise listed in the schedule, the implication is that lay members of the sentencing council will have had practical experience, not just academic knowledge, of policing, criminal defence, prosecution and the welfare of victims. The argument for the relevance of experience is at least equally strong in the re-education of offenders, particularly as it impacts on the likelihood of reoffending, which is such an important consideration for the welfare of society.
This is a modest amendment, and I am sure the Minister will look positively on the inclusion of the rehabilitation of offenders as part of the membership of this council.
Coroners and Justice Bill
Proceeding contribution from
Lord Dholakia
(Liberal Democrat)
in the House of Lords on Wednesday, 15 July 2009.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Coroners and Justice Bill.
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712 c1185-6 
Session
2008-09
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