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Proceeding contribution from Lord Thomas of Gresford (Liberal Democrat) in the House of Lords on Tuesday, 21 June 2011. It occurred during Ministerial statement on Justice: Reform of Punishment, Rehabilitation, Sentencing and Legal Aid.


Justice: Reform of Punishment, Rehabilitation, Sentencing and Legal Aid

My Lords, I congratulate my noble friend on the review of indeterminate sentencing, which constitutes an injustice that has been perpetrated over a number of years. Many people are suffering as a result of those sentences having been passed on them. Are there any proposals for dealing with those who are serving indeterminate sentences and cannot get their freedom, though the tariff period has elapsed, because they cannot get access to courses? I also applaud the abandonment of the proposed 50 per cent automatic reduction for guilty pleas. I have always opposed the concept that this Government, or any Government, should say what a proper sentence should be. Things can vary enormously, from an overwhelming case where the person must plead, to situations where there is very little case and a plea of guilty indicates remorse. A judge is in a position to judge that at the time. Do the Government intend that judges should continue to exercise such a discretion? However, I am dismayed by the reference to mandatory life sentences. They exist only for murder. Is it proposed that mandatory life sentences should be imposed for anything other than murder? That would be a very strange thing to happen. Clinical negligence is to be out of the scope of legal aid. Surely the Government will permit the granting of legal aid for the investigation of clinical negligence, which is hugely expensive and beyond the means of anybody, particularly where children are involved. Justice demands that clinical negligence be properly supported to that degree. Finally, on family law, have the Government considered the importance of family solicitors in reconciling parties on issues such as custody and maintenance and the enormous amount of money that they save from having these disputes settled out of court?


Secondary information

Type
Proceeding contribution
Reference
728 c1180 
Session
2010-12
Chamber / Committee
House of Lords chamber
Subjects
Children Care proceedings Crime Employment Legal aid scheme Eligibility Domestic abuse Drugs Foreign nationals Knives Offenders Pensioners Protection Prisons Public consultation Misuse Rehabilitation Sentencing Special educational needs Remand in custody Squatting Victim support schemes Reparation by offenders Government responses Self-defence Community orders
Legislation
Legal Aid, Sentencing and Punishment of Offenders Bill 2010-12
Link
View this Proceeding contribution on www.publications.parliament.uk