This is the first piece of legislation that I am leading on as a shadow Justice Minister, and I am sure that it will be the first of many over the coming months, particularly given the Government’s legislative programme and the need for action in so many parts of our justice system. It is very clear to me, and to others, that the Government are facing a series of crises, from the impact of the coronavirus in prisons to the huge backlog of cases in
the Courts and Tribunals Service, which had reached over 1 million, months before the pandemic. Much action is clearly needed.
I join the Minister in thanking the Law Commission and others who have been working so diligently on preparing this material. As has already been said, this is a largely technical and uncontroversial Bill and we have tabled no amendments. We agree that we cannot continue with complicated and complex guidance on sentencing, which is resulting in unfair sentences that are causing further problems, such as costs and delays in justice processes. Our current system is in no way perfect, by any measure. A near-dysfunctional mess of mixed legislation and amendments has, over time, led to wrong sentencing decisions resulting in lengthy and costly appeals, adding more and more stress to what is an overburdened justice and court system, as I referred to earlier. There must be a standard approach to provide clarity.
Offenders receiving unlawful sentences is unacceptable. That could mean offenders receiving more lenient sentences than the law says they should receive, or it could mean an excessive prison sentence outside of the guidelines for the particular offence committed. The Minister pointed out earlier that the survey showed that 36% of sentences were seen to be wrong. That is unacceptable in a just judicial system.
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I am pleased that, however slowly, progress is being made. By making the justice system clearer, we can hopefully clear the backlog that has built up over a decade of cuts to courts and legal services, and I for one look forward to hearing the Minister’s strategy to do so. The removal of historic layers of legislation will provide greater clarity for professionals. No longer should complexity be a barrier to ensuring that justice has been truly served. Of course, it is not just about being more straightforward for those who work in justice; that also ensures public confidence in our justice system. Those who are facing the justice system need the clarity and understanding that often is not available due to the complications of amendments to sentencing over the years. It feels that we have a long way to go, but we have taken the first steps to restoring faith and efficiency in our justice system.
It is important that we work with stakeholders, and I am pleased that the sentencing code being considered in the other place has received widespread support, including from legal practitioners, judges and academics. Those stakeholders know at first hand the difference that such changes will make for the lives of other people. I hope that the Minister will welcome our working with those who have experience in justice matters in relation to future Bills. Consideration must also be given to the scenario of amendments being made to sentencing law in the future and ensuring that the principle of the sentencing code is followed properly. I will try not to talk too much about the code, and save that for when the Bill is before the House.
I have some questions for the Minister, which I hope he will be able to answer to provide clarity for me and colleagues. As we have finally got the Bill to this stage, will the Minister update the House on the progress of the Sentencing Bill, which follows this one? It had its First Reading on 5 March this year in the other place, but we are still waiting for a date for Second Reading. Will he confirm that the Bill is to be referred to a Joint
Committee on Consolidation? When will its membership be agreed and when will it sit? Will he also confirm when the Sentencing Bill is likely to have its Second Reading in the House of Commons and the expected timeframe for it to be completed? A few minutes ago, he said that he expected that to be soon, but it has some way to go yet in the other place.
I ask that specifically because before the Sentencing Bill and therefore the code come into force, other legislation, including the Counter-Terrorism and Sentencing Bill, which has its Second Reading in this House next week, cannot be enacted. Will the Minister confirm that that is the case? Does he agree that any further delay would be problematic and would not best serve justice in this country?
In conclusion, we on this side of the House fully support the Government’s intention in concluding the Law Commission’s work, and we will not oppose the contents of the Bill. I look forward to the Minister’s responses and working with him moving forward, ensuring that our legislation and regulations are fit for purpose and serve the best interests of the public.