Results 81–100 of 271 for speaker:Lord Carlisle of Bucklow

Commons Amendment (13 Nov 2003)

Lord Carlisle of Bucklow: My Lords, I hope that the Minister is not suggesting that I in any way withdrew my support of the position pre-charge. I believe that there should be anonymity pre-charge.

Commons Amendment (13 Nov 2003)

Lord Carlisle of Bucklow: My Lords, I have listened carefully to the noble Baroness, Lady Mallalieu, but there is one genuine problem: what do you do during the course of a trial if the anonymity of the defendant is to remain at that time? You will be immediately accused by the press of interfering with its right to report public trials. If there is a sensational trial taking place, say, at the Old Bailey, and you...

"prisoners Liable to Removal from United Kingdom:modifications of Criminal Justice Act 1991 (11 Nov 2003)

Lord Carlisle of Bucklow: My Lords, I have already said, and I do not propose to repeat, why I do not like Schedule 19. I listened carefully to what the Minister said when she accepted that this was the replacement of judicial guidelines by statutory guidelines. Of course I accept that any penalties imposed by the court must be within a framework approved by Parliament. To some extent, she might argue that by setting...

"prisoners Liable to Removal from United Kingdom:modifications of Criminal Justice Act 1991 (11 Nov 2003)

Lord Carlisle of Bucklow: My Lords, if the noble Baroness says that in her view there is a discretion, what is wrong in writing that fact on the face of the Bill? We had the same argument at an earlier stage. The danger is that whatever she may say about them being starting points, the press, for one, will look on them as minimum sentences and comment on the sentences passed in that way. I hope that the noble Baroness...

Criminal Justice Bill (11 Nov 2003)

Lord Carlisle of Bucklow: My Lords, I strongly support my noble friend Lady Anelay and agree with every word that the noble Baroness, Lady Mallalieu, has said. Like her, I have also defended people under the age of 18 who have been charged with murder, and I share the views that she has expressed. Serious and grave as the offence of murder is, it seems horrific that the judge should start with what effectively is a...

Criminal Justice Bill (5 Nov 2003)

Lord Carlisle of Bucklow: My Lords, will the Minister say that we shall not go further than the amendment before Amendment No. 221?

Criminal Justice Bill (5 Nov 2003)

Lord Carlisle of Bucklow: My Lords, I support my noble friend Lady Anelay. We have really been told nothing at all about how intermittent custody will work. I think that it is a very good idea in principle. I support it and said so in Committee. However, I do not think that we have had any explanation of how it will work. I raised one simple point in Committee—that all previous arguments against such an arrangement...

Criminal Justice Bill (5 Nov 2003)

Lord Carlisle of Bucklow: My Lords, the Minister said that it was self-evident that the discretion existed, so it was unnecessary to add the words to the Bill. Is it not equally self-evident that, in sentencing an offender, the court must, "have regard to any guidelines which are relevant to the offender's case"? Why have the clause at all, in that case? Both are self-evident, so surely it is wrong to put the one in...

Criminal Justice Bill (5 Nov 2003)

Lord Carlisle of Bucklow: My Lords, I strongly support the noble and learned Lord, Lord Ackner, on Amendment No. 217. We have just agreed, as a House, to the setting up of a Sentencing Guidelines Council. It will have great authority; it will have members who are respected, and I am sure their views will be respected. They will issue guidelines. However, there is nothing new in issuing guidelines. The Court of Appeal...

Criminal Justice Bill (4 Nov 2003)

Lord Carlisle of Bucklow: My Lords, my noble friend said that the amendment was based on something I said in Committee. I am grateful to her for that comment. I am afraid that I cannot now bring to mind immediately what I said in Committee, but it is clear—and this is what I must have said—that the matters referred to in Clause 125(1) can be self-contradictory. It is wrong that the court "must have regard to", for...

Criminal Justice Bill (4 Nov 2003)

Lord Carlisle of Bucklow: My Lords, I support wholeheartedly every word said by my noble friend Lord Alexander of Weedon and also what has been said by the noble Lord, Lord Clinton-Davis. We discussed this matter at length in Committee. I do not propose to repeat what I or others said on that occasion. However, I think that I may have one new comment. The Bill as drafted allows, "evidence of the defendant's conviction...

Criminal Justice Bill (4 Nov 2003)

Lord Carlisle of Bucklow: My Lords, I agree with it as it stands, but how will it be done? The noble Lord, Lord Clinton-Davis, and I have both practised in the criminal courts. At a particular stage, is the prosecution to say to the magistrates, "I propose to ask a certain question which requires your clerk to tell the defendant that he has the right, if he wishes, to object to that question which I am about to ask"?...

Criminal Justice Bill (4 Nov 2003)

Lord Carlisle of Bucklow: My Lords, is there really all that much difference between "readily available" as against, "could not reasonably have been adduced"? They both give a degree of discretion.

Criminal Justice Bill (4 Nov 2003)

Lord Carlisle of Bucklow: My Lords, I strongly support the amendment in the name of the noble Lord, Lord Clinton-Davis, and Amendment No. 159 in the name of my noble friend Lord Thomas of Gresford. Surely, when we talk about new and compelling evidence, we are talking about evidence that was not available at the time of trial. A person who goes before the Court of Appeal for a defendant and requests a retrial because...

Criminal Justice Bill (4 Nov 2003)

Lord Carlisle of Bucklow: My Lords, I agree with the noble and learned Lord, Lord Ackner. The one reference is in Clause 64(2)(c). As he says, it states: "the new evidence would have been adduced in the earlier proceedings against the acquitted person but for a failure by an officer or by a prosecutor to act with due diligence or expedition". That is the only safeguard with regard to the word "new". It does not seem...

Criminal Justice Bill (4 Nov 2003)

Lord Carlisle of Bucklow: My Lords, I support the principle of doing away with the double-jeopardy rule. The defence has always had the right to obtain a new trial on the basis of fresh evidence that was not available at the time of the original trial, so if the prosecution has genuine new evidence, equally it should have the right to apply for a retrial. It is vital that such a measure should be used sparingly; it is...

Legal Aid (23 Oct 2003)

Lord Carlisle of Bucklow: My Lords, does the Minister agree that in many areas of the country there are no solicitors providing a legal aid service, which people may well need? That is due to the withdrawal of many firms of solicitors from providing civil legal aid in the way outlined by the noble Lord, Lord Clinton-Davis.

Extradition Bill (22 Oct 2003)

Lord Carlisle of Bucklow: My Lords, the noble Viscount, Lord Bledisloe, says the only issue we are concerned with is whether the person is the person named in the warrant, as if it is a matter of little concern. It seems to me absolutely vital. As I understand the way in which the system works, a category one country issues a warrant for the arrest of a person in this country who, it claims, has committed an offence...

Extradition Bill (22 Oct 2003)

Lord Carlisle of Bucklow: My Lords, that confirms what I said. Indeed, the noble Lord, Lord Filkin, did not appear to be totally clear that the wording in the Bill met the aim. I say with respect to the Minister that the matter should be looked at again to ensure that the Bill's wording is adequate to achieve the end that everyone desires.

Extradition Bill (22 Oct 2003)

Lord Carlisle of Bucklow: My Lords, the noble Viscount, Lord Bledisloe, said that he suspected that there was very little difference in spirit between the views of the Government and those of my noble friend Lord Lamont on this matter. I would suggest that probably everyone in the House at the moment agrees totally on what is desired. Before the Minister responds, I refer her to what was said by the noble Lord, Lord...


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