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Proceeding contribution from Oliver Heald (Conservative) in the House of Commons on Tuesday, 10 October 2006. It occurred during Adjournment debate on Independence of the Judiciary.


Independence of the Judiciary

The hon. Gentleman makes the general point—which is right—that many Ministers are pretty ignorant about what is going on. However, the more particular point can be made about the Sweeney case that the guidelines were set down in Government legislation passed by a majority in Parliament. As Sir Oliver Popplewell, a former High Court judge, said in a newspaper article recently:"““Under current guidelines, offenders are eligible for parole after serving half their sentence. But they also get a discount of up to one third on this figure if they pleaded guilty early in legal proceedings.””" It is surprising that the Home Secretary, who is in charge of sentencing policy in the Government, would not know that, or that, if he did know it, he would be so wrong as to attack judges for something that is his fault. The hon. Member for Sheffield, Hallam was right to say that there are some political decisions being taken in this context. One wonders whether they are being taken with spin in mind, to try to give the false impression of being tough when one is not; perhaps that is at the root of it. We all know that many of the problems in our courts are caused by the fact that sentences are being increased, as a result of new offences, without anything being done to provide the additional prison places needed to respond to that increase. I do not think that we can have it both ways. If we want fewer prison places we must probably take a softer approach to sentencing, which would not be very popular. It should not be possible to have it both ways—to appear tough and to run the system into the sort of chaos that it is in at the moment. Sir Oliver Popplewell makes the point, which fits with other remarks that have been made, that when everyone thinks that someone"““is getting five years when he should get 30 we have a big problem—particularly with the presentation.””" He is writing about the Sweeney case. He continues:"““Personally, I have always thought if you sentence someone to 15 years they should do 15 years—regardless of how well they behave in prison. And if they do not behave themselves inside they should spend some more time there.””" He goes on to say that judges would welcome honest sentencing. Who could disagree with that? Things have obviously got very complicated. When I used to go to the courts, the prisoners would have a rough idea—better than anyone else—of the time that they would serve, but they would still go down to the cell block and ask the officer there, ““I think I’m actually serving three years, aren’t I?”” The sentence would have been much more than that. The system is so complicated that even experts such as persistent criminals and custody officers do not know how long the person is serving unless they use a calculator. It is a peculiar system, and it is absolutely right that we should do something about honest sentencing—a policy that the Conservatives have put forward on many occasions.


Secondary information

Type
Proceeding contribution
Reference
450 c36-7WH 
Session
2005-06
Chamber / Committee
Westminster Hall
Subjects
Administration of justice Constitutions Human rights Judiciary Media Political impartiality Sentencing Reform
Link
View this Proceeding contribution on www.publications.parliament.uk