Criminal Justice Bill – in a Public Bill Committee am 11:00 am ar 6 Chwefror 2003.
Graham Allen
Llafur, Nottingham North
11:00,
6 Chwefror 2003
I beg to move amendment No. 488, in
clause 150, page 83, line 44, at end insert—
'(1A) Section 135(2) does not prevent a court, after taking into account such matters, from passing a community sentence even though it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was so serious that a community sentence could not normally be justified for the offence.'.
Eric Illsley
Llafur, Barnsley Central
With this it will be convenient to discuss the following amendments:
No. 489, in
clause 150, page 84, leave out line 1 and insert
'Nothing in the sections mentioned in subsection (1)(a) to (d)'.
No. 490, in
clause 150, page 84, line 7, at end insert—
'( ) Subsections (1A) and (2) are without prejudice to the generality of subsection (1).'.
No. 491, in
clause 150, page 84, line 8, leave out 'those sections' and insert
'the sections mentioned in subsection (1)(a) to (d)'.
Graham Allen
Llafur, Nottingham North
The amendments would confer a clear discretion on courts to pass a community sentence even where a short custodial sentence would have been justified. The amendments are so obvious and rational that I would be staggered if the Minister were not to accept them.
Hilary Benn
Parliamentary Under-Secretary (Home Office) (Minister for Prisons and Probation)
The amendments would provide an extremely helpful indicator to the courts that, despite the seriousness of an offence or combination of offences, they should be able to pass a community sentence, provided that there are relevant mitigating factors. The new generic community sentence will, in certain circumstances, provide a punitive response equal to that of a short custodial sentence, and it can offer a great deal of flexibility in addressing the need to rehabilitate offenders. I am happy to accept my hon. Friend's amendments.
Dominic Grieve
Shadow Minister (Home Affairs)
I am delighted to hear the Minister say that; I, too, thought that the amendments tabled by the hon. Member for Nottingham, North were a good idea.
Amendment agreed to.
Amendments made: No. 489, in
clause 150, page 84, leave out line 1 and insert
'Nothing in the sections mentioned in subsection (1)(a) to (d)'.
No. 490, in
clause 150, page 84, line 7, at end insert—
'( ) Subsections (1A) and (2) are without prejudice to the generality of subsection (1).'.
No. 491, in
clause 150, page 84, line 8, leave out 'those sections' and insert
'the sections mentioned in subsection (1)(a) to (d)'.—[Mr. Allen.]
Clause 150, as amended, ordered to stand part of the Bill.
