Clause 12 - Conditional cautions: types of condition
Police and Justice Bill
9:00 am
Lynne Featherstone (Shadow Minister, Home Affairs; Hornsey and Wood Green, Liberal Democrat)
I beg to move amendment No. 107, in clause 12, page 7, line 21, leave out ‘one’ and insert ‘two’.
The amendment tests the extent of the Government’s commitment to rehabilitation. It would make only a small change. The Home Secretary recently made a statement in the House, in which he told us that the Government are focusing on reducing reoffending. We believe that punishment tells individuals and society that certain forms of behaviour, or certain acts are not tolerated or acceptable. It should act as a deterrent. Without rehabilitation, however, it will not necessarily change behaviour.
I hope that all parties are in favour of changing such behaviour. Our ambition should be to convert offenders to become responsible members of society who will not reoffend, who will not engage in antisocial behaviour and who, ultimately, will not be a burden on the taxpayer. The caution is an alternative to entering the criminal justice system. It is a non-punitive means of encouraging people not to push their luck, to learn their lesson and to take a reprimand. However, it is a serious measure. It is a wake-up call, and a reprieve from the full arm of the law being extended. It gives the recipients a chance to change their behaviour.
Applying conditions to cautions would give us the opportunity to enshrine the Government’s message on rehabilitation and reparation. The amendment would allow that to be done statutorily rather than arbitrarily. At the moment, we have to use only one of the ways forward—perhaps punishment without rehabilitation—but the amendment would allow us to use more than one condition. We argue that it would be better for rehabilitation and reparation to become part of the process.
I seek a reassurance that cautions will not be misused. I acknowledge that a person has a choice whether or not to accept a caution, but the freedom to refuse a caution is likely to be limited by a person’s fear of prosecution. To a great extent, it is Hobson’s choice. I hope that the Minister will accept this small change, which would put flesh on the Home Secretary’s aspiration that rehabilitation should stop reoffending.