Clause 133 - Community sentence not available where sentence fixed by law etc.
Criminal Justice Bill
9:30 am

Mr Humfrey Malins (Woking, Conservative)

I beg to move amendment No. 609, in

clause 133, page 76, line 4, at end insert

'save for offences under the Road Traffic Act'.

The amendment may point to a rather huge gap in my knowledge. If the Minister tells me that, I will be suitably chastened.

Mr Hilary Benn (Parliamentary Under-Secretary, Home Office; Leeds Central, Labour)

It may be helpful to say that sentences that are ''fixed by law'' are mandatory life sentences for murder only. Sentences under the Road Traffic Acts are not relevant to the provision.

Mr Humfrey Malins (Woking, Conservative)

How helpful the Minister has been. Labour Members will realise that we are making good progress this morning by making our points briefly. It occurred to me that a sentence fixed by law could include sentences that are set in stone, such as the compulsory 12 months' disqualification for failing a breathalyser test, for which community sentences are

often passed. It was my misunderstanding of the phrase ''fixed by law'' that led me to suppose that it meant sentences set in statute. I hope that the Committee does not think that those two minutes were time wasted. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 133 ordered to stand part of the Bill.