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The Attorney General has the power to refer to the Court of Appeal sentences for certain offences which they believe to be "unduly lenient". This power to refer is sometimes called the 'unduly lenient sentence scheme'.
The Attorney General has the power to refer to the Court of Appeal sentences for certain offences which they believe to be "unduly lenient". This power to refer is sometimes called the 'unduly lenient sentence scheme'.
To ask the Secretary of State for Justice, if he will make an assessment of the potential merits of reviewing the threshold for reopening cases under the exception to the double jeopardy rule introduced by the Criminal Justice Act 2003.
To ask the Secretary of State for Justice, if he will make an assessment of the potential merits of reviewing the threshold for reopening cases under the exception to the double jeopardy rule introduced by the Criminal Justice Act 2003.
The Government recognises the fundamental importance of the rule against double jeopardy, as well as the need, in exceptional cases, to correct serious miscarriages of justice. The Criminal Justice Act 2003 permits a retrial only in cases involving the most serious offences, and only where new and compelling evidence becomes available. Such retrials require an application from the Director of Public Prosecutions and approval from the Court of Appeal, ensuring that any retrial serves the interests of justice. This framework is used very rarely and is designed to maintain an appropriate balance between the principles of finality and fairness. The Government keeps the law under review but has no current plans to lower or otherwise revise this high threshold.
Letter dated 05/07/2021 from Chris Philp MP to Charles Walker MP and Steve McCabe MP regarding the Police, Crime, Sentencing and Courts Bill: letter to the House of Commons Committee, referencing topics raised during committee stage: child sexual offences, secure 16 to 19 academies, and repealing the Bail Act. 3p.
Letter dated 05/07/2021 from Chris Philp MP to Charles Walker MP and Steve McCabe MP regarding the Police, Crime, Sentencing and Courts Bill: letter to the House of Commons Committee, referencing topics raised during committee stage: child sexual offences, secure 16 to 19 academies, and repealing the Bail Act. 3p.
My Lords, there is an early opportunity, at the beginning of a Session, to raise these issues. As noble Lords will be aware, they have come up before. I want to make a brief comment and offer a way forward that I think may be helpful to both the Government...
My Lords, there is an early opportunity, at the beginning of a Session, to raise these issues. As noble Lords will be aware, they have come up before. I want to make a brief comment and offer a way forward that I think may be helpful to both the Government...
Moved by
Lord Paddick
Moved by
Lord Paddick
I thank the noble Lord, Lord Paddick, for tabling this Motion—[Laughter.] I did mean that sincerely, although it might have come out all wrong. On the noble Lord’s second point, I join him in wishing my right honourable friend Minister Brokenshire all the very best for a speedy recovery. In...
I thank the noble Lord, Lord Paddick, for tabling this Motion—[Laughter.] I did mean that sincerely, although it might have come out all wrong. On the noble Lord’s second point, I join him in wishing my right honourable friend Minister Brokenshire all the very best for a speedy recovery. In...
My Lords, I have put down an amendment expressing regret at this order for two reasons. The first is to highlight to the House, if it needed highlighting, the volume and complexity of secondary legislation that this House is being asked to scrutinise. It is so vast and complex that...
My Lords, I have put down an amendment expressing regret at this order for two reasons. The first is to highlight to the House, if it needed highlighting, the volume and complexity of secondary legislation that this House is being asked to scrutinise. It is so vast and complex that...
My Lords, I am grateful to the noble Baroness, Lady Smith of Basildon, for her support and her helpful suggestion. The Minister said that standard procedures were followed in the amendment
of the (No. 2) Order and the original order. It should not be standard procedure that the only way...
My Lords, I am grateful to the noble Baroness, Lady Smith of Basildon, for her support and her helpful suggestion. The Minister said that standard procedures were followed in the amendment
of the (No. 2) Order and the original order. It should not be standard procedure that the only way...
Lords motion to approve. Amendment to regret debated and withdrawn. Original motion agreed to on question.
Lords motion to approve. Amendment to regret debated and withdrawn. Original motion agreed to on question.
Amendment to clause 36, discussed with other amendments, a Government amendment, new clause 49 (Extraction of information from electronic devices), new clause 50 (Application of section [Extraction of information from electronic devices] to children and adults without capacity), new clause 51 (Application of section [Extraction of information from electronic devices] where user has died etc), new clause 52 (Code of practice), and new clause 53 (Effect of code of practice), debated and withdrawn. Clause 36 agreed to. Clause 37 agreed to as amended. Clauses 38 to 42 agreed to. Schedule 3 agreed to. Clause 43, discussed with amendments and new clause 54 (Offence of breach of conditions of pre-charge bail), agreed to. Schedule 4 agreed to. Clause 44, discussed with new clause 37 (Retrial for child sexual offences), new clause 39 (Aggravated child sexual offences), new clause 40 (Communication for the purpose of causing or inciting sexual exploitation of a child), and new clause 41 (Causing or inciting a child under 13 to engage in sexual activity), agreed to. Clauses 45 to 51 agreed to. Schedules 5 and 6 agreed to. Clause 52 agreed to. Government amendments to clause 53 agreed to. Clause 53 agreed to as amended. Written evidence reported to the House.
Amendment to clause 36, discussed with other amendments, a Government amendment, new clause 49 (Extraction of information from electronic devices), new clause 50 (Application of section [Extraction of information from electronic devices] to children and adults without capacity), new clause 51 (Application of section [Extraction of information from electronic devices]...
Examination of witnesses. Written evidence reported to the House.
Examination of witnesses. Written evidence reported to the House.
My Lords, I join other noble Lords in congratulating my noble friend Lady Brinton on introducing the Bill, which contains a range of careful and well-thought-out measures. In opening this debate, she introduced it in a comprehensive and persuasive way. It makes an overwhelming case for introducing statutory rights for...
My Lords, I join other noble Lords in congratulating my noble friend Lady Brinton on introducing the Bill, which contains a range of careful and well-thought-out measures. In opening this debate, she introduced it in a comprehensive and persuasive way. It makes an overwhelming case for introducing statutory rights for...
Agreed to on question.
Agreed to on question.
I wish to use this Adjournment debate to raise the case of Abdulkarim Boudiaf, a constituent of mine who tragically lost his life in Tottenham on 14 March 2009. As Members of Parliament, we are first and foremost representatives of our constituents: we are sent here to speak for them,...
I wish to use this Adjournment debate to raise the case of Abdulkarim Boudiaf, a constituent of mine who tragically lost his life in Tottenham on 14 March 2009. As Members of Parliament, we are first and foremost representatives of our constituents: we are sent here to speak for them,...
I should like to congratulate the right hon. Gentleman for bringing this matter forward with such dedication. Does he agree that the reward offered for information in 2016 should
be reviewed, and that a renewed publicity campaign should be launched to seek justice for the family of this young man,...
I should like to congratulate the right hon. Gentleman for bringing this matter forward with such dedication. Does he agree that the reward offered for information in 2016 should
be reviewed, and that a renewed publicity campaign should be launched to seek justice for the family of this young man,...
The hon. Gentleman is absolutely right. It is important that, when we offer incentives to the public to come forward, the sum involved is appropriate and the right amount to draw attention to the crime and to bring people out of the woodwork. The threshold in these sorts of cases...
The hon. Gentleman is absolutely right. It is important that, when we offer incentives to the public to come forward, the sum involved is appropriate and the right amount to draw attention to the crime and to bring people out of the woodwork. The threshold in these sorts of cases...
The Macpherson report will be 20 years old next year, and does my right hon. Friend share my concern that we still do not have the diversity in the workforce, particularly in the police, that we need so that communities are represented?
The Macpherson report will be 20 years old next year, and does my right hon. Friend share my concern that we still do not have the diversity in the workforce, particularly in the police, that we need so that communities are represented?
My hon. Friend is quite right that part of this story is about ensuring that Britain’s ethnic diversity is replicated across the criminal justice system at all levels. There has been some small progress in the Met police but, as my review found, we need to see diversity among the...
My hon. Friend is quite right that part of this story is about ensuring that Britain’s ethnic diversity is replicated across the criminal justice system at all levels. There has been some small progress in the Met police but, as my review found, we need to see diversity among the...
I commend the right hon. Member for Tottenham (Mr Lammy) for movingly and persuasively putting his case on behalf of his constituents and for securing this Adjournment debate. I join him in expressing my regret and sadness that the family have not yet found justice for their son.
The right hon....
I commend the right hon. Member for Tottenham (Mr Lammy) for movingly and persuasively putting his case on behalf of his constituents and for securing this Adjournment debate. I join him in expressing my regret and sadness that the family have not yet found justice for their son.
The right hon....
Our armed forces make huge sacrifices, and plainly no current or former serving member should face unwarranted investigation. However, where there are credible serious allegations of criminal behaviour, they must be investigated; I think that everyone in the military world understands that. It is important to make rapid progress with the Iraq Historic Allegation Team’s caseload. The team expects the caseload to have reduced from the original 3,300 cases to about 250 by early January.
Our armed forces make huge sacrifices, and plainly no current or former serving member should face unwarranted investigation. However, where there are credible serious allegations of criminal behaviour, they must be investigated; I think that everyone in the military world understands that. It is important to make rapid progress with the Iraq Historic Allegation Team’s caseload. The team expects the caseload to have reduced from the original 3,300 cases to about 250 by early January.
The Lord Chancellor, in her role as head of the judiciary, has oversight of all legal action that continues in our country. Today there is an abuse of power whereby soldiers are facing, in effect, double jeopardy through the work of the Iraq Historic Allegations Team. Although I understand that the Ministry of Defence is leading on this, will she, as the chief judicial officer of this land, please comment?