Clause 67 - Assistance by defendant: reduction in sentence
Serious Organised Crime and Police Bill
11:00 am
Mr Jonathan Djanogly (Shadow Minister, Home Affairs; Huntingdon, Conservative)
I rise on an point of clarification. We fully support the formalisation through written undertakings of plea bargaining and turning Queen's evidence. However, subsection (2) says:
''the court may taken into account the extent and nature of the assistance given or offered.''
I note the use of the word ''may'', which presumably means that the court could ignore the written plea bargain agreement if it so wished. Might not that create a problem? Could not the offender turn round and ask why he should take the risk of turning Queen's evidence if the court may turn round and say that it will take no notice of the agreement? In fact, could not the offender say, ''I won't sing unless I get immunity under section 65''? A bizarre situation could then arise. It would be in the public interest for the offender to take a lesser sentence and at least go away for some time, but, in the event, he might get immunity because of the lack of certainty.