Results 121–140 of 271 for speaker:Lord Carlisle of Bucklow

Criminal Justice Bill (8 Oct 2003)

Lord Carlisle of Bucklow: I accept that the analogy with the Parole Board is not complete. The noble and learned Lord is right: its main task is to assess risk when it comes to release. I still think that there is a point in what the noble Lord, Lord Borrie, said, which is that on the board there was experience and expertise which came wider than merely judicial. I am open-minded as to the two arguments. I tend to...

Criminal Justice Bill (8 Oct 2003)

Lord Carlisle of Bucklow: I bow to no one in my admiration of my noble friend Lady Anelay of St Johns for the way in which she has conducted the business on the Bill from the Opposition Front Bench. Not only has there been this Bill but, in the past year, there have been various other Home Office matters, one after the other, and one must be full of admiration for the way in which she has conducted the debates. I am...

Criminal Justice Bill (6 Oct 2003)

Lord Carlisle of Bucklow: When we debated Clause 135, the Minister chose not to answer my question about whether the words, "must have regard to the following purposes of sentencing" were right or whether we should consider them again. I think that it was with particular regard to the combination of Clauses 135 and 145 that Justice suggested that there could be a possible contradiction in the Bill. How can we be sure...

Criminal Justice Bill (6 Oct 2003)

Lord Carlisle of Bucklow: I suggested "have in mind" or "bear in mind".

Criminal Justice Bill (6 Oct 2003)

Lord Carlisle of Bucklow: The shortest speech that I could make would be to say that I heard what the noble Viscount, Lord Colville of Colross, said and I agree. I welcome the clause to the extent that it makes clear that prison should be used only when the offence is serious and no other form of penalty is justified. I share the views expressed by the noble Viscount. As far as Amendment No. 161EA is concerned, I...

Criminal Justice Bill (6 Oct 2003)

Lord Carlisle of Bucklow: I welcome the Bill's emphasis on community service. Perhaps I may ask the Minister a question. Community service has been going through rather a rough time. What is the position at the moment? Have more orders been made? Clearly, it is desirable that the courts should make them, as the Bill makes clear, where appropriate.

Criminal Justice Bill (6 Oct 2003)

Lord Carlisle of Bucklow: The conflict is with the principle of reducing by deterrence.

Criminal Justice Bill (6 Oct 2003)

Lord Carlisle of Bucklow: In her reply to the previous debate the Minister was kind enough to mention the modest words with which I described Part 12 of the Bill. I therefore have a requirement to justify one or two of them briefly. Among other things, I said that I felt the Bill was "platitudinous". I was referring particularly to Clause 136(1). I would not have thought that it was necessary to advise anyone sitting...

Criminal Justice Bill (6 Oct 2003)

Lord Carlisle of Bucklow: Clearly the judge who tries a case has the opportunity to take into account all the features and, frankly, I do not believe that he needs to be told, as Clause 136 seeks to do, what is meant by the seriousness of the offence. He will decide the seriousness of the offence inevitably using, as I said, many of the platitudinous matters referred to in that clause. However, he is the person who...

Criminal Justice Bill (6 Oct 2003)

Lord Carlisle of Bucklow: My noble friend Lord Kingsland, in opening the debate, said that the purpose of the amendment is to give an opportunity to look generally at the philosophy or the policy behind sentencing and who should have the say in sentencing under the Bill. Having attempted to read Part 12, I believe that it is verbose, complex, in many parts self-contradictory and platitudinous. I cannot believe that it...

Criminal Justice System: Inspection Arrangements (6 Oct 2003)

Lord Carlisle of Bucklow: My Lords, the noble Baroness has been very careful in her words. She has referred several times to her confidence in "robust" inspection. Does that mean that there will be a continuation of a robust and independent chief inspector who is reportable directly to the Home Secretary?

Criminal Justice Bill (18 Sep 2003)

Lord Carlisle of Bucklow: I support my noble friend Lord Kingsland. It seems extraordinary that in Clause 95 the Secretary of State is given the power to categorise offences in any way he wishes for the purpose of that clause. It goes on to say that the offences must be, "offences of the same type", which invites the question: what are offences "of the same type"? Following on from what the noble and learned Lord,...

Criminal Justice Bill (18 Sep 2003)

Lord Carlisle of Bucklow: In dealing with Clause 93(1)(c)—the words "important explanatory evidence"—the Minister said that it would be the duty of defence counsel to object when an application was made by the prosecution to introduce such evidence. There is no longer a requirement on the prosecution to apply to put in such evidence. Clauses 93 and 94 do not require the leave of the courts, as I understand it, for...

Criminal Justice Bill (18 Sep 2003)

Lord Carlisle of Bucklow: The Minister implied that the test was to be as it is at present, but is that what is achieved by Clause 93? She will remember the remarks made by the noble and learned Lord, Lord Cooke, when we previously discussed the matter on the words "such an adverse effect". Do those words exist in the present test, or has the Minister, by Clause 93(3), changed the balance of proof?

Hunting with Dogs (16 Sep 2003)

Lord Carlisle of Bucklow: My Lords, the noble Lord said that hunting was unsocial. What does he mean by "unsocial" in those terms?

Criminal Justice Bill (15 Sep 2003)

Lord Carlisle of Bucklow: I fully appreciate that, when dealing with the Committee stage of such a Bill, one often becomes confused as to the effect of particular amendments. However, I have always regarded this amendment as almost the most important of all in highlighting objections to the Bill. I support everything that the noble Baroness, Lady Kennedy of The Shaws, said. It seems to me that Clause 93(1)(d) will...

Criminal Justice Bill (15 Sep 2003)

Lord Carlisle of Bucklow: Like the noble Lord, Lord Borrie, I had intended to reserve anything that I wanted to say until we debated Clauses 92 and 93. However, as we have gone into the area already, I must say, without hesitation, that this is the most dangerous part of the Bill. It is thoroughly bad, and I hope that it will be thrown out as a whole. However, I shall stick to the amendment for the moment. How vague...

Criminal Justice Bill (15 Sep 2003)

Lord Carlisle of Bucklow: Before the noble Lord sits down, perhaps I may ask the noble and learned Lord the Attorney-General a question. In his reply to the noble Lord, Lord Thomas, did I understand him to say that one effect of the noble Lord's amendment would be that it would be impossible to add a further defendant to any separate indictment when a retrial had been ordered? If I did hear him say that, is he...

Criminal Justice Bill (15 Sep 2003)

Lord Carlisle of Bucklow: Would there be any duplication on the adding of a further defendant, or does the noble and learned Lord the Attorney-General envisage that that may happen in any case? Alternatively, would it be the case that, for some reason, the other defendant was not available to be tried at the time of the original trial? It seems to me that, as the noble and learned Lord the Attorney-General has...

Criminal Justice Bill (17 Jul 2003)

Lord Carlisle of Bucklow: In the case of new evidence as regards the defence and their subsequent application for a retrial, I have always understood that such evidence was not available to the defence to be adduced at the time of the trial. This definition of "new" goes far wider than that. I had assumed that, by "new evidence", the Government meant evidence that had since become available but was not available to...


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