Clause 272 - Extent

Part of Criminal Justice Bill – in a Public Bill Committee am 11:15 am ar 27 Chwefror 2003.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Dominic Grieve Dominic Grieve Shadow Minister (Home Affairs) 11:15, 27 Chwefror 2003

On the face of it, this is a sensible amendment. The difficulty is the Committee's profound ignorance of the Scottish legal system—there may be exceptions to that, but the reality is that we do not know much about it, and even less now that it is devolved. I have one question. I assume that there is and will continue to be no difficulty in identifying a community sentence structure in Scotland that corresponds fully to that in England.

I have a slight anxiety. If a different system develops, somebody may one day seek judicial review on the basis that the punishment to which he had been sentenced was being implemented differently. I do not want to be too esoteric about it, but that could become an issue—one that we need to keep in mind. However, I assume that the Minister has a dialogue with the Deputy First Minister and Minister for Justice in the Scottish Executive.

As time goes by, the trend—I remember it being described by the Scottish judiciary—has been for a coming together of the English and Scottish criminal legal systems. That process has been going on for a long period. Indeed, it was encouraged by the Government, probably for that reason. With devolution one can see separation coming about. Indeed, it has been highlighted during our debates that certain parts of the Bill are not being applied in Scotland. On the question of jury trial, Scotland did not feature. As a result, there will be profound differences in procedure north and south of the border. When it comes to sentencing and implementation, given that sentences can be served north of the border, a close degree of conformity is going to be needed if the system is to work; otherwise, I apprehend that there will come a moment when someone will say that the court gave him a sentence that is being implemented in a way that is at such variance with the way that it is being implemented south of the border, that it should not be proceeded with. I should be grateful for the Minister's comments.