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[Mr. Biffen]
Business of the House
21 OCTOBER 1982
matter of great concern and could suitably occupy a place in the debate on the Queen's Speech. I will, of course, draw to the attention of my hon. and learned Friend the Minister for Trade the points made by the hon. Gentleman.
Criminal Justice Bill
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Orders of the Day
Criminal Justice Bill
Lords amendments considered.
Clause 1
GENERAL RESTRICTION ON CUSTODIAL SENTENCES
Lords amendment: No. 6, in page 2, line 14, at end insert
"because it appears to the court that he is unable or unwilling to respond to non-custodial penalties or because a custodial sentence is necessary for the protection of the public or because the offence was so serious that a non-custodial sentence cannot be justified".
3.58 pm
The Minister of State, Home Office (Mr. Patrick Mayhew): I beg to move, That this House doth agree with the Lords in the said amendment.
Clause 1 provides that no court shall impose a custodial sentence on a young offender unless it is of the opinion that no other method of dealing with him is appropriate. The amendment elaborates on that provision by requiring the court to base its opinion on one of three possible grounds, which are the failure of non-custodial penalties, the need to protect the public, and the seriousness of the offence. Amendments on these lines were debated at considerable length during the passage of the Bill through this House. The Government have throughout sympathised with the intention behind the amendments, but we take the view that they place no further effective restriction on the passing of custodial sentences on young offenders. That is because they reflect accurately the existing principles by which the courts already exercise their sentencing jurisdiction custodially.
Our preference would be to leave the courts to develop their sentencing practice according to the guidance that they will undoubtedly receive from the Court of Appeal on the basis of the application of the legislation to actual cases. Nevertheless, the Government do not seek to disagree with the Lords amendment.
Dr. Shirley Summerskill (Halifax): As there are 295 Lords amendments to the Bill, I should assure the House that the Opposition Front Bench will not speak on them all. However, it is important to speak on those that make significant changes in the Bill, and amendment No. 6 is one of the most significant.
The Minister of State said that he had reservations about the amendment, and the Government voted against it in another place. So strong were their reservations that they became positive opposition. Fortunately, right prevailed and the Government were defeated on the first amendment debated in another place. Many other successes followed. It is an important amendment because, although the Opposition have taken the view throughout the passage of the Bill that no offender under 17 should receive a custodial sentence, we feel that the amendment will help young people who are put into custody.
There must be a range of facilities, regimes and punishments-alternatives to custody--to provide educa- tion, training and preparation for the future. That will also
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