I am sorry to interrupt again, but the Minister has said something completely untenable. He said that under “exceptional circumstances”, the judge has the power to depart from the sentence entirely. That is absolutely not the case. If the sentencing guidelines in front of any judge sitting in a criminal court lead to the conclusion that the starting point for the sentencing process is a life sentence, but there are circumstances at which different levels can be set, they will operate on that basis. This provision is unnecessary if we trust the judges. The Government are telling us, on the basis of belief, as the Minister said—which I do not necessarily regard as reasoned—that they do not trust judges to pass appropriate sentences in these cases, on the basis of one or two instances, when there is a perfectly good living instrument for dealing with this.
Police, Crime, Sentencing and Courts Bill
Proceeding contribution from
Lord Carlile of Berriew
(Crossbench)
in the House of Lords on Wednesday, 8 December 2021.
It occurred during Debate on bills on Police, Crime, Sentencing and Courts Bill.
Type
Proceeding contribution
Reference
816 c1944 
Session
2021-22
Chamber / Committee
House of Lords chamber
Librarians' tools
Timestamp
2021-12-09 16:17:52 +0000
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