Report (2nd Day)

Part of Coroners and Justice Bill – in the House of Lords at 5:15 pm on 26 October 2009.

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Photo of Lord Woolf Lord Woolf Crossbench 5:15, 26 October 2009

My Lords, I hesitate to add to the eloquence that has been advanced in favour of the amendment, but I would be departing from a tradition that has grown up in recent times, and certainly since the time of Lord Lane, of former Lord Chief Justices indicating that reforms of this kind are desperately needed in relation to the law of murder.

We have heard previous speakers identify the various precautions in existence, showing that ample safeguards are included in the proposed section. Therefore, if the clause becomes law, nothing untoward will happen. However, I want to add one more. It is clear from subsection (3) that the judge himself must consider it appropriate, having regard to the extenuating circumstances, not to impose a life sentence. He will therefore have in mind the fact that the law is so clear that in all ordinary circumstances the sentence must be one of life. It will only be in a situation in which, as the sentencing judge, he is satisfied that justice does not require a life sentence that he will impose another sentence.