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Legal Aid, Sentencing and Punishment of Offenders Bill

My Lords, I shall add a few remarks to the chorus of disapproval. I welcome the noble and learned Lord, Lord Lloyd, raising this matter. I shall say a little about the use of life sentences in our law. I have some comparative figures for 2008 about the use of life sentences per 100,000 of the general population. For England and Wales, including IPP sentences, the figure is 20.9; for life sentences that are not IPP sentences, it is 12.71. I suppose the Minister might regard those as reasonable comparators. For France, the figure is 0.85, for Germany 2.41, for the Netherlands 0.14 and for Sweden 1.68. On the face of it—and I am reasonably confident about the accuracy of the data—there is an extraordinarily different way of sentencing within the criminal law in this jurisdiction from in the jurisdictions of continental Europe. It says nothing about sentence length—that is an entirely different question—but it says a great deal about the admiration and affection that we seem to have for indeterminacy as a way of dealing with people. In the last group of amendments, the noble Lord, Lord Ramsbotham, spoke eloquently about the impact of indeterminacy on the sentenced person. The sentenced person is left in limbo. He has a very vague idea of what the future holds and of whether a sensible plan could be made for the years that stretch ahead. He has no idea of who has the power to decide whether, if and when he is released, how those decisions are made and how he can have an influence, by behaving in a certain way, on what happens in the future. I would imagine it is a less desirable option than a fixed sentence, where it is clear to the person and to the family in the outside world what the future looks like and how it can be affected. The proposal for another mandatory life sentence is highly undesirable and I support the amendment.