My Lords, I must confess to some diffidence in finding myself between the noble and learned Lords, Lord Judge, Lord Hope of Craighead and Lord Mackay of Clashfern, since, unlike them, I have never had the responsibility of sentencing anyone. Indeed, it is difficult to resist the temptation to adopt the elegant observations of the noble and learned Lord, Lord Judge, brevitatis causa, as lawyers are accustomed to say, but I wish to make some observations of my own.
There can hardly ever have been a legal Bill that enjoys such judicial and professional support as this one. Indeed, as has been said on at least one previous occasion, we could almost pass this Bill by acclamation. The Law Commission has fulfilled its responsibility to make the law clearer, shorter and more accessible, having rightly judged that sentencing legislation was inefficient and lacking in transparency. How could it do otherwise, as has already been referred to, when the analysis of 262 randomly selected cases from the Court of Appeal in 2012 revealed that 36% were illegal sentences? The question that arises from that is: what guidance was given to those who passed those sentences and what happened to those who had been sentenced in that way, illegally?
The Bill’s approach is novel, with the creation of a code allied to the use of a clean sweep. My question is whether a similar approach may be appropriate in other areas of the law. Indeed, I suppose that my question is really for the Law Commission: is it now looking for
other such opportunities? I welcome the exception to protect the fundamental rights of an offender and the Bar Council’s pragmatic endorsement of the proposals on Article 7 of the European Convention on Human Rights and on retroactivity.
Finally, there is an excellent impact assessment that justifies close reading, but for some reason there are no Explanatory Notes to the Bill. Why not?
4.45 pm