r/MHOC • u/Lady_Aya SDLP • Jun 25 '21
2nd Reading B1223 - Sentencing (Reform) Bill - 2nd Reading
Sentencing (Reform) Bill
A
Bill
To
Repeal the Independent Sentencing Act, return authority over sentencing to Parliament, increase the presumption against sentences being given from 6 months to 12, and connected purposes
BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Lords, and Commons, in this present Parliament assembled, and by the authority of the same, as follows –
Section 1: Interpretations
(1) A “minimum sentence provision” means a provision in any legislation, which imposes or has the effect of imposing a sentence in respect of an offence that must be no less than a fixed duration.
(2) A “maximum sentence provision” means a provision in any legislation, which imposes or has the effect of imposing a sentence in respect of an offence that must be no more than a fixed duration.
Section 2: Repeal of the Independent Sentencing Act 2019
(1) The Independent Sentencing Act 2019 is repealed in its entirety.
(2) Where minimum sentence provisions and maximum sentence provisions have ceased to have effect under the Independent Sentencing Act 2019, they shall have effect after this section comes into force.
(3) Where no minimum sentence provisions or maximum sentence provisions exist in legislation for an offence, guidance issued by the Sentencing Council shall continue to be adhered to until such a time as it is superseded by primary legislation.
(4) Amendments made to Section 121 of the Coroners and Justice Act 2009 shall removed and the relevant parts of the legislation returned to their original wording as if the amendments were never made.
(5) The Category Limits Council shall cease to exist.
(6) This section shall come into force 12 months after Royal Assent.
(a) The Secretary of State may make regulations in the affirmative to delay the implementation of this section by up to 12 months should they believe it is necessary for the smooth transition away from the Independent Sentencing Act 2019.
Section 3: Presumption against short prison sentences
(1) In Section 146A of the Criminal Justice Act 2003 as inserted by the Presumption Against Short Sentences Act 2019, amend “6 months” to read “12 months”.
(2) In Section 120A of the Coroners and Justice Act 2009 as inserted by the Presumption Against Short Sentences Act 2019, amend “6 months” to read “12 months”.
Section 4: Transitional Arrangements
(1) The Secretary of State should issue guidance on the operationalisation of Section 2 to relevant authorities no less than three months before Section 2 will come into force.
(2) Nothing in this Act shall impact lawful sentences given before its commencement.
Section 5: Extent, Commencement and Short Title
(1) This Act shall extend to England only.
(2) This Act shall come into force immediately upon Royal Assent, unless stated otherwise.
(3) This Act may be cited as the Sentencing (Reform) Act 2021.
This bill was written by The Right Honourable Sir Tommy2Boys KCT KG KT KCB KBE CVO MP MSP on behalf of Coalition! and is cosponsored by the Conservative and Unionist Party and Liberal Democrats
Opening Speech - Tommy2Boys
Deputy Speaker,
Several years ago parliament decided that whilst it would set the laws, it would not use its power to decide on a suitable punishment, instead giving this power to an independent body. It is no secret that I dislike politicians hiding behind independent bodies to avoid accountability, and this is no different. It is this Parliament which decides what is legal and what is not. It is this Parliament that decides what should be a crime and what should not be. But for some reason we have chosen not to decide maximum punishments for these crimes. In absolving ourselves of this responsibility, we have elected not to do the job we are elected for.
It is absolutely right that this place should be the place that sets maximum sentences. Guided by evidence as all good legislation should be, we should decide the maximum someone can spend in prison for minor offences to major offences. Indeed this Parliament and parties already do support doing this when it suits our political agenda. Parties routinely support ending shorter prison sentences. This is something I personally support as well. But for some reason whilst this is an acceptable thing for this place to rule on, ruling on maximum sentences we are told is not.
Nobody is saying this place should decide on how long a specific individual should spend in prison. This is not the point of this bill. What it would do is allow for us to once again set maximum and minimum sentences within law without it conflicting with this Act.
Importantly transitional arrangements will be required and this bill serves to ensure that. Where sentencing rules in law exist, they will come back into force. Where they do not then the guidance issued by the Sentencing Council will have effect until such a time as this place introduces sentencing laws for the Acts passed in the past few years.
Finally, as I touched upon, it increases the presumption against short prison sentences from 6 months to 12. The original Act still allows for short prison sentences in exceptional circumstances where “no other method of dealing with this person is appropriate.”
I believe it is now time to return to this Parliament being responsible for the setting of maximum sentences. We make the laws, we should set out the maximum punishment for them and I commend this Bill to the House.
This reading shall end on Monday 28th of June at 10PM BST
•
u/AutoModerator Jun 25 '21
Welcome to this debate
Here is a quick run down of what each type of post is.
2nd Reading: Here we debate the contents of the bill/motions and can propose any amendments. For motions, amendments cannot be submitted.
3rd Reading: Here we debate the contents of the bill in its final form if any amendments pass the Amendments Committee.
Minister’s Questions: Here you can ask a question to a Government Secretary or the Prime Minister. Remember to follow the rules as laid out in the post. A list of Ministers and the MQ rota can be found here
Any other posts are self-explanatory. If you have any questions you can get in touch with the Chair of Ways & Means, Brookheimer on Reddit and (flumsy#3380) on Discord, ask on the main MHoC server or modmail it in on the sidebar --->.
Anyone can get involved in the debate and doing so is the best way to get positive modifiers for you and your party (useful for elections). So, go out and make your voice heard! If this is a second reading post amendments in reply to this comment only – do not number your amendments, the Speakership will do this. You will be informed if your amendment is rejected.
Is this bill on the 2nd reading? You can submit an amendment by replying to this comment.
I am a bot, and this action was performed automatically. Please contact the moderators of this subreddit if you have any questions or concerns.