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Proceeding contribution from Earl of Onslow (Conservative) in the House of Lords on Wednesday, 27 February 2008. It occurred during Committee of the Whole House (HL) and Debate on bill on Criminal Justice and Immigration Bill.


Criminal Justice and Immigration Bill

It strikes me as bad principle that the Executive should be too involved in sentencing, especially extending sentencing. It is different if it can be classed, for want of a better word, as a prerogative of mercy; in other words, the Crown, through her servants, can show somebody mercy and reduce a sentence. But the Crown, through her servants, should not be able to increase a sentence, which is in effect what denying a release order or calling somebody back comprises. I am guessing a little here but I suspect that this applies to a very large number of people. I suggest that most of the decisions will be taken by officials. I make no attack on officials; they are men of honour and integrity and they make the right judgment in their view, but surely they would be acting as judges in effect. If that is the case, should this not be done by judges themselves, given all the publicity aspects attached to the judiciary because this is done in open court? For those reasons I believe that my noble friend on the Front Bench has produced exactly the right set of amendments for this occasion.


Secondary information

Type
Proceeding contribution
Reference
699 c665-6 
Session
2007-08
Chamber / Committee
House of Lords chamber
Subjects
Disability Children Criminal proceedings Appeals Armed forces Crimes of violence Age Alternatives to prison HIV/AIDS Discrimination Offenders Parole Prisoners Life imprisonment Police cautions Prisoners' release Rehabilitation Sentencing Young people Sexual offences Young offenders Reoffenders
Legislation
Criminal Justice and Immigration Bill 2006-07 to 2007-08
Link
View this Proceeding contribution on www.publications.parliament.uk