Results 101–120 of 211 for speaker:Lord Stewart of Dirleton

Written Answers — Attorney General: Arrests (15 Dec 2021)

Lord Stewart of Dirleton: There are a number of different legal provisions that provide a maximum period for the charging of a suspect in England and Wales, but those periods do not usually run from arrest and they only apply in certain cases. In other cases, there is no set time limit from arrest to charge but the courts do have the power to stop a case as an abuse of process if there has been such delay as to make...

Written Answers — Attorney General: Prosecutions (1 Dec 2021)

Lord Stewart of Dirleton: The Crown Prosecution Service (CPS) does not maintain a central record of the dates of arrest for suspects in cases submitted to the Crown Prosecution Service for a charging decision. This information could only be obtained by an examination of CPS case files, which would incur disproportionate cost.

Police, Crime, Sentencing and Courts Bill - Committee (11th Day): Amendment 292P (24 Nov 2021)

Lord Stewart of Dirleton: My Lords, just at the very moment when the noble and learned Lord, Lord Falconer of Thoroton, was admonishing the Government for wagging their finger at this Committee of your Lordships’ House for seeking to impose upon it that it should finish this evening, a message popped up on my phone saying that there is to be no dinner break tonight. Lest that be taken as a sign of this...

Police, Crime, Sentencing and Courts Bill - Committee (11th Day): Amendment 292P (24 Nov 2021)

Lord Stewart of Dirleton: The noble Lords, Lord Ramsbotham and Lord German, also referred the Committee to the lack of progress on the royal commission on criminal justice. The noble Lord, Lord Ramsbotham, chided the Government for having been discourteous to Her Majesty by having her make in this place a commitment on behalf of the Government which the Government had no intention of fulfilling. As I understand it,...

Police, Crime, Sentencing and Courts Bill - Committee (11th Day): Amendment 292P (24 Nov 2021)

Lord Stewart of Dirleton: The noble Lord makes a useful point. I did not have the fact, to which he referred your Lordships’ Committee, that all staff had been reallocated, but, as I do not have that fact, with the noble Lord’s leave, I will make inquiries and commit myself or my colleagues to write to him. I commend the noble Lord, Lord Thomas of Gresford, for his commitment in relation to these important and...

Police, Crime, Sentencing and Courts Bill - Committee (11th Day): Amendment 292K (24 Nov 2021)

Lord Stewart of Dirleton: My Lords, I will address the two amendments in reverse order, starting with Amendment 292L. This creates a new offence of concealment of a body and repeals the existing offence of obstructing a coroner. As it stands, to obstruct or prevent a coroner’s investigation of any body found, when there is a duty to hold one, is to commit an offence. That offence is a common-law one, triable only on...

Police, Crime, Sentencing and Courts Bill - Committee (11th Day): Amendment 321 (24 Nov 2021)

Lord Stewart of Dirleton: I think that I can assist: the provision is not truly retrospective. The Sentencing Act 2020 makes it clear that the repeal of relevant provisions by the Act for the purpose of consolidating sentencing law into the Sentencing Code should not change how the law operates. I hear the noble Lord’s concerns, including that this matter is coming out so late. I will raise it with my noble friend...

Police, Crime, Sentencing and Courts Bill - Committee (11th Day): Amendment 321 (24 Nov 2021)

Lord Stewart of Dirleton: My Lords, as an unacceptable substitute for my noble friend Lord Wolfson of Tredegar and in the light of the hour, I will simply move the amendment formally.

Police, Crime, Sentencing and Courts Bill - Committee (10th Day): Amendment 280 (22 Nov 2021)

Lord Stewart of Dirleton: Hypothetically, yes, but I hesitate to give the noble Lord a definite commitment on that, as my information on these points is substantially in answer to the point raised by the noble Baroness. But, if the noble Lord will permit me, in exploring these important points, I will make sure that the Ministry of Justice writes to him and that there is a meeting with the noble Baroness, as she...

Police, Crime, Sentencing and Courts Bill - Committee (10th Day): Amendment 280 (22 Nov 2021)

Lord Stewart of Dirleton: As I think I have said, the contract provides that, at the highest level, the standard is commensurate with that of the NRPSI. In answer to the noble Lord’s second point, of course none of that interrupts anything that I have said about the importance of identifying the point at which interpretation facilities suitable for the most complex case is to be found. Simply because a matter is not...

Police, Crime, Sentencing and Courts Bill - Committee (10th Day): Amendment 280 (22 Nov 2021)

Lord Stewart of Dirleton: My Lords, Amendment 280 would restrict the Ministry of Justice to appoint in our courts and tribunals only interpreters who are registered on the national register of public service interpreting—the NRPSI—and possess a level 6 diploma in public service interpreting, or who comply with the NRPSI’s rare language status protocols. The Ministry of Justice commissions the services of...

Police, Crime, Sentencing and Courts Bill - Committee (10th Day): Amendment 277 (22 Nov 2021)

Lord Stewart of Dirleton: My Lords, I thank the noble Baroness, Lady Kennedy of Cradley, for her amendment. For the victim of a crime to be told that the culprit cannot be prosecuted because a time limit has elapsed would doubtless be the cause of, at the very least, dissatisfaction and, at the very worst, anguish, and may very well lead to a loss of confidence in the criminal justice system. That is why, in respect...

Police, Crime, Sentencing and Courts Bill - Committee (10th Day): Amendment 277 (22 Nov 2021)

Lord Stewart of Dirleton: My Lords, I acknowledge the long-standing interest and expertise of the noble Baroness, Lady Chakrabarti, in this field. Her words will have been noted by the Bill team listening in on this, and I assure her and the Committee that that matter will be examined. My intention was to turn now to the terms of Amendment 292C. Again, I am grateful to my noble friend Lady Newlove and the noble Lord,...

Police, Crime, Sentencing and Courts Bill - Committee (10th Day): Amendment 269 (22 Nov 2021)

Lord Stewart of Dirleton: Before the noble and learned Lord, Lord Falconer of Thoroton, replies, I should say that I did not make reference specifically to the point raised by my noble friend Lord Mackay of Clashfern, in relation to the proposal that he and the noble Lord, Lord Rosser, advanced for the funding of representation in these areas. I will undertake to have the department of my noble friend Lord Wolfson of...

Police, Crime, Sentencing and Courts Bill - Committee (10th Day): Amendment 269 (22 Nov 2021)

Lord Stewart of Dirleton: I am grateful to the noble Lord for giving the Committee the benefit of his experience. Perhaps it is that experience which informed, or helped to inform, the remarks of the Chief Coroner, his honour Justice Thomas Teague, who has said publicly that one of his key objectives in his role is to ensure that the inquisitorial ethos of the inquest process is maintained. I hope that demonstrates a...

Police, Crime, Sentencing and Courts Bill - Committee (10th Day): Amendment 269 (22 Nov 2021)

Lord Stewart of Dirleton: I am grateful to the noble Baroness for her intervention. I was going on to say that, for bereaved families who need legal help, advice and assistance are always available under the legal aid scheme, subject to the means and merits test. This can help preparation—

Police, Crime, Sentencing and Courts Bill - Committee (10th Day): Amendment 269 (22 Nov 2021)

Lord Stewart of Dirleton: My Lords, my noble friend’s personal experience and her service as Victims’ Commissioner lend force to her eloquence. I shall go on to address the funding available for attendance at inquests, but in answer to the points just raised and to reiterate, in the vast majority of inquests the simplicity of the four questions which the coroner is obliged to seek to answer is such that legal...

Police, Crime, Sentencing and Courts Bill - Committee (10th Day): Amendment 269 (22 Nov 2021)

Lord Stewart of Dirleton: Ultimately, my Lords, arrival at the truth is the objective of all legal process in this area, but the inquest convened under the coroner is but a part of that overall inquiry. That the truth is the ultimate objective does not, with respect to the noble Baroness’s point, confirm that in every case there must be legal representation. I maintain that for the vast majority of inquests the...

Police, Crime, Sentencing and Courts Bill - Committee (10th Day): Amendment 269 (22 Nov 2021)

Lord Stewart of Dirleton: My Lords, I hope that the Committee will accept my words when I say that the Government are sympathetic to the difficulties facing all bereaved families. At an earlier stage in the consideration of this Bill, my colleague, my noble friend Lord Wolfson of Tredegar who has ministerial responsibility for this matter, referred to the powerful feelings he had, as a resident of Liverpool, as the...

Police, Crime, Sentencing and Courts Bill - Committee (10th Day): Amendment 268 (22 Nov 2021)

Lord Stewart of Dirleton: My Lords, in replying, I preface my remarks by commenting on points made by noble Lords. The first was made by the noble Lord, Lord Thomas of Gresford, at the outset, while the Benches opposite were still thrashing out the batting order. If I may summarise the noble Lord’s position, I think it emphasised the importance of judicial discretion. A judge seized fully of the law and of the...


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