Results 161–180 of 3194 for speaker:Lord Kingsland

Criminal Justice and Immigration Bill (6 Feb 2008)

Lord Kingsland: We are most sympathetic to all the arguments deployed in support of the amendments by all those who have moved them or signed them.

Criminal Justice and Immigration Bill (26 Feb 2008)

Lord Kingsland: We, too, have an amendment in this group. If I say that it is more straightforward than that tabled by the noble Lord, Lord Thomas, I am in no way disparaging his contribution, which is extremely important. Our amendment underlines the importance of a pre-sentence report being in writing. It would ensure that the court considers the individual circumstances of the offender, such as his home...

Criminal Justice and Immigration Bill (26 Feb 2008)

Lord Kingsland: We now pass from issues special to children and young people to more general questions of sentencing. The remainder of Part 2 contains specific sentencing proposals, some of which were considered in Committee in another place and some of which were introduced quite late in the day inspired by the report of the noble Lord, Lord Carter of Coles. If I were a more cynical person I might suggest...

Criminal Justice and Immigration Bill (26 Feb 2008)

Lord Kingsland: I hope that the Minister will agree that my opposition to Clause 10 standing part of the Bill has commanded a considerable degree of support in the Committee. The reason why the Government have got themselves into difficulties on this is that they have an ulterior motive for the clause, which is to reduce the scale of the prison population. The correct way to approach this clause is to look...

Criminal Justice and Immigration Bill (26 Feb 2008)

Lord Kingsland: My hopes were momentarily lifted.

Criminal Justice and Immigration Bill (26 Feb 2008)

Lord Kingsland: Well, I cannot criticise the noble Lord for looking at me while replying to my noble friend Lord Onslow, who is, as ever, at my shoulder, giving me advice of the highest quality.

Criminal Justice and Immigration Bill (26 Feb 2008)

Lord Kingsland: This is an important issue. The Minister can be in no doubt that I shall come back to the matter on Report.

Criminal Justice and Immigration Bill (26 Feb 2008)

Lord Kingsland: My concerns are with Clause 12(5), which inserts new subsection (1A)(b) into Section 151 of the Criminal Justice Act 2003. The clause states: "Where the current offence is not punishable with imprisonment, subsection (2) applies where ... on three or more previous occasions the offender has, on conviction by a court in the United Kingdom of any offence committed by him after attaining the age...

Criminal Justice and Immigration Bill (26 Feb 2008)

Lord Kingsland: I am most grateful to the Minister for his reply. Like the Prison Service, the Probation Service is under tremendous pressure. If I have understood him correctly, the main motive for this provision is to take some of the pressure off the Probation Service by requiring these three hurdles—the three fines—to be leapt before a community order can be imposed. Essentially, a resources factor...

Criminal Justice and Immigration Bill (26 Feb 2008)

Lord Kingsland: Precisely. Why, therefore, do the Government want to go beyond that in Clause 12?

Criminal Justice and Immigration Bill (26 Feb 2008)

Lord Kingsland: I entirely understand what the Government's motive is; I am simply suggesting to the noble Lord that this matter would be better dealt with by guidance than by statute. I think that we have probably talked this through as much as we need to do at this stage, but I shall certainly consider bringing this matter back on Report.

Criminal Justice and Immigration Bill (26 Feb 2008)

Lord Kingsland: moved Amendment No. 81: Clause 13, page 10, leave out lines 11 and 12

Criminal Justice and Immigration Bill (26 Feb 2008)

Lord Kingsland: This amendment concerns IPPs. In moving it, I am aware that I will be opposed not only by the Government but also by the noble and learned Lord, Lord Lloyd of Berwick. It is so rare that I find myself in discordance with the noble and learned Lord, Lord Lloyd, that I thought that I should mark the occasion by an introductory observation. The conditions for imposing an IPP are: first, that the...

Criminal Justice and Immigration Bill (26 Feb 2008)

Lord Kingsland: My view is that the amendment says what I said that it said when I opened this debate. However, I am happy to talk to the noble and learned Lord, Lord Lloyd of Berwick, between now and Report. If his view proves correct, as it frequently does, I shall recast the amendment accordingly in time for Report. The real problem with IPPs and prison place availability is that if you are in prison for...

Criminal Justice and Immigration Bill (26 Feb 2008)

Lord Kingsland: I accept that absolutely and see the attractions of what the noble and learned Lord says. The difficulty is that there is no logical link between the length of sentence for the actual offence committed and the assessment by the judge of the likely future commission of further dangerous offences. It is the discordance between those two things which I—

Criminal Justice and Immigration Bill (26 Feb 2008)

Lord Kingsland: If the interpretation of the noble and learned Lord, Lord Lloyd, of the amendment is correct, then everything I have said in support of it would be beside the point. The amendment was widely canvassed in another place. As far as I know, nobody interpreted the amendment as the noble and learned Lord has done—but, of course, another place did not have the advantage of the noble and learned...

Criminal Justice and Immigration Bill (26 Feb 2008)

Lord Kingsland: That is a characteristically perspicacious intervention by the noble Lord, Lord Neill of Bladen. There seem actually to be two human rights issues here. First, the point about locking somebody up on the basis of future risk itself raises a human rights question. Secondly, the basis on which an IPP order is made by a court is that the individual has a right to be rehabilitated, or a least has...

Criminal Justice and Immigration Bill (26 Feb 2008)

Lord Kingsland: I beg leave to withdraw the amendment.

Criminal Justice and Immigration Bill (26 Feb 2008)

Lord Kingsland: moved Amendment No. 89: Clause 17, page 12, line 17, leave out "in any part of the United Kingdom"

Criminal Justice and Immigration Bill (26 Feb 2008)

Lord Kingsland: I can be extremely brief in introducing this amendment. Clause 17 amends Section 229 of the Criminal Justice Act 2003, which deals with the assessment of dangerousness in connection with public protection sentences. As currently drafted, the amendment to Section 229 would allow the court to take into account information available to it about any previous United Kingdom convictions. My...


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