Police and Justice Bill

With your permission, Mr. Deputy Speaker, I shall make one or two concluding remarks. Many years ago I read my Maitland—““The Constitutional History of England””—and I can still remember that flexibility has characterised the English system of law for the past 1,000 years. I am not a lawyer, however, so I hope that my historical reading is right, because that debate is at the heart of the issue we have been discussing. The hon. Member for Hornsey and Wood Green (Lynne Featherstone) expressed concern about two-tier justice. Too many of our communities already experience two-tier justice when offenders go unpunished and cause havoc in their communities. That is exactly why the extension that we propose in conditional cautioning and street bail is so important. It is also important to note that it is for the Crown Prosecution Service and the police to decide whether to issue a caution or press the matter to court. We often hear from both sides of the House that we should put great trust in the judgment of front-line professionals and that is a useful reminder in this case. I can advise the hon. Lady that the conditions attached to cautions must, according to the code on conditional cautioning, be appropriate and proportionate. Secondly, it is certainly not the case that unlimited detention is envisaged for breach of the conditions. Under the relevant guidance, custody officers must release individuals, or release them on bail, as soon as practicable. There is additional back-up in the protection offered by PACE—the Police and Criminal Evidence Act 1984. On the hon. Lady’s final point about appropriate training, it is a prerequisite that a constable is fit to execute his or her responsibilities. The hon. Member for Hornchurch (James Brokenshire) expressed concern about the attaching of punitive conditions. That is an important issue. One of the great virtues of being a by-election winner is that I can share experience of my community with the many Members on both sides of the House who visited it in 2004. For many people in the area that I was elected to serve, the possibility offered by indirect reparation is extremely significant as we go about rebuilding a community of which we are proud. I commend the Government proposals to the House and urge Opposition Members to withdraw their amendments. Question put and agreed to. Clause read a Second time, and added to the Bill."‘(1) Police cautions, including conditional cautions under Part 3 of the Criminal Justice Act 2003 (c. 44), shall not be issued in relation to offences against a child under the Protection of Children Act 1978 (c. 37) and Part 1 of the Sexual Offences Act 2003 (c. 42), save in the circumstances provided for in subsection (2).""(2) Subsection (1) shall not apply where the person issuing the caution believes that the person in receipt of the caution is not likely to commit further offences under the Protection of Children Act 1978 or Part 1 of the Sexual Offences Act 2003.""(3) In this section, child means a person under 16 years old.'. —[Bob Spink.]" Brought up, and read the First time.