I realise that the Justice Secretary has not practised law recently, but if a judge could deliver a life sentence for such offences now, he or she would do so. It is because judges have the power under the IPP sentence to deliver indeterminate sentences to protect the public that they deliver those sentences. I am afraid that the Justice Secretary is not right.
A critical weapon will be absent from a judge's arsenal, preventing that judge from handing down the most appropriate sentence. The judge will simply not be able to sentence the offender with the condition that only when the authorities are satisfied that he is not a risk to society will he be released. I know that that will free up prison places and save the Government money, but taking risks with public safety is plain wrong, which is why we will oppose new clause 30.
Public safety will also be compromised by the proposed ““two strikes and you're out”” sentences. That is a great media soundbite and a sure-fire way of making the Government seem tougher than they really are, and it is precisely the kind of thinking that lies behind the inclusion of the words ““punishment of offenders”” in the Bill, but policies relating to public safety cannot be determined by a public relations strategy.
We do not have to scratch very far beneath the surface to see that the Government's plans are riddled with problems. Not only are they a rehash of failed Conservative policy from the 1990s, but they introduce a worrying amount of risk—risk that will undermine public safety. Through their ““two strikes”” policy, the Government absolve themselves totally of any responsibility to identify the serious, violent offenders who are most likely to reoffend. That should be done at the time when the first sentence is handed down for the commission of a heinous crime. It was for the purposes of precisely this scenario that the previous Government created indeterminate sentences, but this Government are making no effort to protect the public from those who are most likely to commit further serious and violent crime following their release. They will address the problem only once the offender has committed a second crime.
Legal Aid, Sentencing and Punishment of Offenders Bill
Proceeding contribution from
Sadiq Khan
(Labour)
in the House of Commons on Tuesday, 1 November 2011.
It occurred during Debate on bills on Legal Aid, Sentencing and Punishment of Offenders Bill.
Type
Proceeding contribution
Reference
534 c795-6 
Session
2010-12
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House of Commons chamber
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2023-12-15 13:51:30 +0000
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