My Lords, I suggest the Minister might be rather cautious about the length of the sentence referred to in the amendment. I am in sympathy with the idea of separating the principal offence and the ancillary offence and looking at them separately—but, drawing on my experience as a prosecutor in Scotland and referring to the phrase “art and part” in Clause 4(6)(a), very often the difference between a person who is found guilty of being art and part in the commission of a crime and the principal actor is very thin. It is quite difficult, in the absence of hard facts, to establish precisely where the line should be drawn between the two maximum sentences.
I suggest that if the Minister is inclined to follow the suggestions made by the noble and learned Lord, Lord Brown of Eaton-under-Heywood, he might be wise to consult the Crown Office in Scotland to see whether it has a view as to whether the maximum suggested sentence of 14 years is realistic, given there can be a much closer alignment between a person found art and part and the person who is the principal actor. I would not quarrel with the idea of separating the two; I simply introduce this note of caution as to whether the right figure has been selected.