Legal Aid, Sentencing and Punishment of Offenders Bill

My Lords, the amendment is supported by the noble Lords, Lord Ramsbotham and Lord Beecham, and the right reverend Prelate the Bishop of Liverpool. I am afraid the hour is such that I am not sure that those who put their name to the amendment, apart from the noble Lord, Lord Beecham, are in their places. It is a modest amendment, which has benefited considerably from the discussions that have taken place on the subject of restorative justice through the earlier stages of this Bill. Indeed, this is my third attempt to find an amendment to which the Government could not possibly object. I have had discussions with the Government and all I can say about this amendment is that I have not yet heard—although I look forward to the Minister's speech—any reason why they can possibly take any exception whatever to the amendment. Restorative justice is a relatively new arrival on the criminal justice scene. I indicated in the earlier proceedings that it is part of the rather rare good news in the criminal justice area. For those who take an interest in improvements in the way in which we deal with offenders and victims, it offers evidence that things can be done better than they were in the past. Although restorative justice is possible, there is no provision in legislation yet, as far as I am aware, that makes clear in express terms, using the expression ““restorative justice””, what is the precise, core role of the courts. There are indications that the role can include restorative justice but I respectfully suggest that nothing appears clearly in legislation covering the position now. I hope and believe that the Government have plans, but cases have to be decided day in and day out, up and down the country. The courts look to Section 142 of the Criminal Justice Act 2003, which has a menu of what the purposes of sentencing are. One of those includes effecting ““reparation””, by unspecified means. All I seek to do with this amendment is to insert, in clear terms, that reparation includes restorative justice. That will be a message to those who are involved in the justice process that restorative justice has come of age. I hope the House will support me in seeking to do that, because it is undoubtedly desirable. The Government have issued, I think in the last few days, a consultative document, Punishment and Reform: Effective Community Sentences. A significant part of that document deals with restorative justice. For example, paragraph 115 says that restorative justice, "““offers a unique opportunity to give victims of crime the opportunity to be heard and have a greater stake in the resolution of offences and the criminal justice system as a whole. This may entail agreeing a restorative activity for the offender to undertake such as making some form of reparation to the victim, monetary or otherwise or meeting the offender face-to-face to discuss the crime, giving the victim an opportunity to explain to the offender what damage they caused””." Then it goes on to say: "““RJ is also a vital tool in the rehabilitation of offenders and prevention of further offending. But it is not an easy option to undertake—offenders must directly face the consequences of their actions and the impact that it has had upon others. They must seek to make amends for the damage they have caused and it therefore challenges them to change their behaviour as a result””." The consultative paper refers to the fact that 14 per cent of offenders have reduced their frequency of offending as a result of being involved in restorative justice. Perhaps even more importantly, 85 per cent of victims have expressed satisfaction with restorative justice. It is therefore not surprising that the Government should speak in the terms that I have just cited on the question of restorative justice in this consultation paper. The consultation paper will serve a very real purpose, not least in respect of restorative justice. I do not know what will come out of the consultation when it takes place, but if Ministers are serious about restorative justice, as I believe they are, for the purposes of sentencing they will need the modest amendment that I am proposing. It should be said expressly that, "““where the person affected agrees to this, reparation by means of restorative justice””," is included, and is covered. That is what my amendment does. The amendment refers to the need for the consent of the victim because that is an essential part of restorative justice. It is not meant to be something imposed on victims, unless they wish to take part, which would add to the effect of the offence. That is clearly not what is intended either by the Government or by me. It is my belief that judges up and down the country will be assisted by this clarification. I conclude these opening remarks by saying that I am grateful to those who are to speak, and I will see what they have to say, but I would like them to identify any reason why this amendment should not be made. I suggest that if the Government oppose the amendment without having any reason for doing so it would be very unfortunate and would send a wrong message to those trying to improve the criminal justice system.