Schedule 1
Criminal Justice and Immigration Bill
5:45 pm
Edward Garnier (Shadow Minister, Justice; Harborough, Conservative)
I sympathise with the intention behind amendments Nos. 174 and 171. However, instead of “after considering advice”, in amendment No. 174, I would prefer to use the words “after considering evidence”, because a court would be making decisions based on evidence rather than advice. Advice might be useful—opinion evidence is sometimes permitted—but I think that we want to know the facts before we make a decision.
I agree with the hon. Gentleman’s criticisms in relation to paragraph 4(2)(a), under which the offence is
“due to a significant extent to the circumstances in which the offender was living”.
We want to know about the circumstances in which the offender was living, then we can draw our own conclusions, based on the offence and those circumstances, about whether there was a relationship between the two. Plenty of people live or have been brought up in difficult circumstances and never commit a crime in their lives and far too many people who have had privileged lives none the less go on to commit offences. Equally, I suppose that if the circumstances in which the offender was living affected the way his mind was working or his morals, his understanding of right and wrong or what was due to his actions and what was not, the court should be informed. We want information given to the court on the basis of which it can make a sensible decision.
I would not have written the Bill as it has been drafted. Perhaps, when the Minister takes the Bill back, in the gap between this Session and the next, a different form of words can be produced. That is just a suggestion. It is not something that I will go to the stake on, because I suspect that when the courts are advised by advocates, or what used to be called justices’ clerks, they will take a common sense view of this issue.
The hon. Gentleman said that he was doing no more than putting forward the blindingly obvious; perhaps I am paraphrasing him inaccurately. Amendment No. 171 is fairly close to being within that category. It is tough being in opposition; it is even tougher being the third party in opposition—not that I intend to change his position in relation to the two main parties.