Proceeding contribution from Jack Straw (Labour) in the House of Commons on Monday, 26 January 2009. It occurred during Debate on bill on Coroners and Justice Bill.
Coroners and Justice Bill
We seek all the time to ensure that what this House and the public regard as obscene, objectionable and extremely pornographic and corrupting is covered by the law, and I am happy to sit down with the hon. Gentleman to see whether this provision and the other provisions cover what he has in mind. Turning to part 3 of the Bill on criminal evidence, investigations and procedure, in July last year, with agreement from all parts of the House, we acted decisively to allow evidence in criminal trials to be given anonymously, following the Law Lords decision in the Davis case. During the passage of the Criminal Evidence (Witness Anonymity) Act 2008, I said that Parliament would be given a further and fuller opportunity to consider the legislative framework for the use of such evidence. Part 3 fulfils that undertaking by re-enacting that emergency legislation, with some changes. It contains proposals to build on the 2008 Act by way of an ““investigation witness anonymity order””. This new tool will enable the police to provide early reassurance to witnesses that their identity will be protected during and after investigations of gang-related homicide. In January last year, while on bail awaiting trial for the alleged murder of his wife, Garry Weddell killed his mother-in-law before taking his own life. That case highlighted the desperately difficult decisions facing judges and magistrates every day in granting bail to murder suspects. My right hon. Friend the Prime Minister assured the House at the time that"““if any changes in the law are necessary, we will make them.””—[Official Report, 16 January 2008; Vol. 470, c. 925.]" Following a public consultation, part 3 sets out proposed changes to the law on bail, including the strengthening of rules on granting bail in murder cases and a requirement that the decision to grant bail in such cases is made by a Crown court judge. We believe that this strikes the right balance between protection of the public and protection of the rights of those who have not yet been tried. Combined, the measures in part 3 will ensure that the interests and safety of victims, witnesses and the wider public are put first, and that justice can be better in criminal cases. On part 4 on sentencing, Parliament lays down the maximum sentence for every offence and, in a few instances, provides for minimum sentences as well, but the range of sentences for particular categories of offence is a matter for the discretion of the court. When I first looked at this issue in the mid-1990s, I found two things. First, for similar categories of offence and similar offenders, there were significant variations in sentence practice, unexplained by any factor other than the habits of different courts. Secondly, the guidance available to courts took the form of a digestion of decades of High Court decisions contained in dense textbooks such as David Thomas's ““Current Sentencing Practice””, which although an impressive and distinguished work of scholarship, now runs to five volumes.
Secondary information
- Type
- Proceeding contribution
- Reference
- 487 c37-8
- Session
- 2008-09
- Chamber / Committee
- House of Commons chamber
- Subjects
- Children Disclosure of information Data protection Bail Administration of justice Armed forces Death Certification Coroners Juries Electronic surveillance Homosexuality Evidence ICT Incitement Homicide Health professions Internet Discrimination Ethnic groups Freedom of expression Personal records Prisons Mental capacity Pornography Offences against children Sentencing Registration Young people Security Witnesses Victims Technology Suicide Sentencing Council for England and Wales Information sharing
- Legislation
- Coroners and Justice Bill 2008-09
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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