I come back to my noble friend’s comment. Of course I welcome this debate, which is part of the wider debate that we should be having on the law of murder. I cannot but believe that, when we come to have that wider debate, the debate in this Chamber this afternoon will be like a textbook for it. It will certainly be considered important. This debate is part of a wider debate, without any doubt, but I do not think that I could have been much clearer in stressing why the Government disagree with the amendment. What it actually does is to abolish the mandatory life sentence once and for all. It is a radical measure—and, once it came in, there would be no turning back from it.
In conclusion, I return to the heart of the issue. As has been said: ""Either the mandatory sentence stays or it goes"."
We do not think that this particular way of circumventing it is a solution to the problem. Those were, again, the words used by Professor Horder of the Law Commission in response to this amendment—and we agree.
Before finishing, I shall make two very small points on the amendment. I do not want to waste the House’s time, but one part of the amendment refers to the Attorney-General’s powers. She would have powers in any event, whether or not that was in the amendment. I know that the noble and learned Lord says that, but it is obviously there for the sake of completeness. There is a slightly greater problem with what she would be able to do in the event of a sentence being appealed against for being too lenient. She might not be able to challenge the extenuating circumstances finding, which would go to the heart of the non-life sentence, because that finding would be part of the verdict about which she has no concern at all, as part of her powers, rather than the sentence itself. I think that that point may be accepted around the House.
For the reasons that I have stated, we cannot support the amendment in the name of the noble and learned Lord.
Coroners and Justice Bill
Proceeding contribution from
Lord Bach
(Labour)
in the House of Lords on Monday, 26 October 2009.
It occurred during Debate on bills on Coroners and Justice Bill.
Type
Proceeding contribution
Reference
713 c1026-7 
Session
2008-09
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2024-04-21 13:23:15 +0100
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