Police and Justice Bill

I want to make it clear that we are not against sanctions such as street bail; we believe that they can be beneficial when used constructively. However, we are concerned about the extension of summary justice without adequate checks and balances. I have listened to the Minister’s comments, and as well as apologising for my lateness in attending the debate, I welcome him to his new post. The Bill allows further powers. It effectively allows the police and prosecution services, as opposed to judicial oversight, to administer punishment before a guilty charge has been proven. It places no limits on the period for which such conditions can be imposed, for a wide range of reasons, on street bail. There are no restrictions on the category of officer who can impose conditions. There is nothing to stop those powers being used as long-term alternatives to criminal investigation. We discussed that in Committee, and although the proposition is unlikely—and I am sure that it would be noticed if an officer prolonged the period—the point of law is to have safeguards in place that cannot be abused. Independent judicial oversight plays a vital role in a democratic legal system. Cautions are not always issued on low-level crimes. The Magistrates Association says that the offences for which a caution can be administered include actual bodily harm, affray, criminal damage, possession of class A or B drugs, having a bladed article in public, carrying an offensive weapon, burglary—non-commercial and non-residential—and theft. Those do not appear to be minor or low-level offences. If those are dealt with outside the court there is no public knowledge—and the level of offences involved is not as low as the Minister says. As for the amendments, our first preference was to leave out clause 12, which would be the effect of amendment No. 32. Clause 12 enables conditions to be imposed on cautions whose object is punishment. At present, conditions can be imposed only for purposes of reparation or rehabilitation. As the Minister suggested, the Liberal Democrats would support the proposal wholeheartedly if it involved reparation or rehabilitation, but I am not sure that that applies to a monetary fine. The clause would allow the police and the criminal prosecution service to act as investigator, prosecutor, judge and jury, removing the courts and judicial oversight. It could also produce a two-tier criminal justice system.