Contribution
My Lords, the group of amendments in my name raise important points concerning Clause 2. Our concerns here stem from the same concerns that gave effect to our proposed amendments in respect of Clause 1. Of course, we have sympathy for the current pressures on our prison system, but we must also recognise that, in essence, an undiscriminating provision to let offenders remain in the community without custodial punishment is by no means the solution. Indeed, in many ways, the present provisions create greater challenges than Clause 1 in respect of the ability for the suspension of sentences for offenders who have been sentenced for up to three years’ imprisonment.
These are not petty criminals. This provision would apply to those going to prison for crimes such as robbery, grievous bodily harm, sexual assault, organised drug dealing and possession of an offensive weapon. Amendments 30 and 32 provide a list of offences where we believe it would be unacceptable to allow such offenders to serve suspended sentences. I accept that, as my noble friend Lord Hailsham observed when we debated Clause 1, there may be scope for a generic provision here rather than a long list of specific offences, and certainly we will give consideration to that. However, we do not consider that someone convicted of, for example, sexual offences related to a child or grooming should avoid custody entirely.
Without any effective form of custodial sentence, we risk two important consequences. First, the deterrent effects that are inherent to custodial sentences cease to operate. Secondly, serious offenders will have the opportunity to reoffend, having received no effective rehabilitation, and will have continued access to their victims.
Amendments 30 and 32 similarly make provisions for offences of assault and wounding with intent involving weapons such as knives. We believe it is important that offenders convicted of these serious crimes serve their sentences in custody rather than at large in the community. Those convicted of such violent offences should have to spend some time in custody. This is not only to ensure the continued safety of the wider public, but to ensure that the public’s perception is that serious crime of this nature is punished. I again repeat that, although we recognise that prisons are under considerable strain, we cannot allow that to be the chief or principal consideration when it comes to the imposition of sentences.
Finally, Amendments 30 and 32 seek to exclude offenders who have engaged in stalking or harassment, and also those who have been guilty of domestic abuse
“where the victim is a current or former partner or family member”.
I suggest that it is self-evident why such offenders should serve their sentences in prison and not have access to their victims. I note that even in Clause 1, there is an exception in respect of “significant risk of … harm” to “a particular individual”, where the presumption will not apply. Why is there no similar provision in respect of Clause 2 when we are dealing with far more serious offences than those addressed by virtue of a sentence of 12 months?
Amendments 31 and 33 seek to highlight further operational issues with respect to the Bill, and Clause 2 specifically. The clause, in essence, leaves the door open to a multitude of issues that would never arise if a custodial sentence was going to be present. It is entirely possible that someone convicted of assault on several occasions could be handed down a sentence of less than three years under the current sentencing guidelines. This provision would operate to provide that person with the possibility of serving a suspended sentence. Without meaningful accountability, law breaking and crime will continue to proliferate.
I draw particular attention to the proposed new subsection (2B)(g) in Amendment 31, which provides that suspended sentence orders should not be imposed on those who have
“a history of poor compliance with court orders”.
I respectfully suggest that this is an obvious point to make. Those who clearly have a history of not following community orders should not be placed immediately back into society after committing a crime. Yet that is a very real possibility under the provisions of Clause 3.
It would appear that Amendment 34, tabled by the noble Lord, Lord Russell, is perhaps underpinned by the same concerns that are rooted in our amendments, namely the real possibility of dangerous offenders on the streets, thereby putting the public at risk. The noble Lord’s amendment seeks to exempt specified offences of terrorism, violence and sexual offences from suspended sentences. We support the intention behind that amendment and certainly hope that the Government will take it seriously.
I have sought simply to illustrate a few of those instances where it should not be appropriate for a suspended sentence to be available. That is not only so that the crime is met with a proportionate punishment but is also required to ensure that the public can maintain confidence in the criminal justice system. I hope that the Government will take these amendments seriously, and I look forward to hearing the Minister’s response. I beg to move.