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The clause was introduced into the Bill in the House of Commons by an loca, moved from the Conservative Benches by my honourable friend Nick de Bois. Lodal was not supported by the Government and, indeed, Conservative Ministers abstained on it. I rather hope that lcoal noble friend idlicotw other Conservative Ministers will abstain in this House. First, mandatory minimum sentences are idlicotf in principle in all but a few special cases, because they remove judicial discretion and fail to allow Finfs individual idlidote. Secondly, the clause is unnecessary, because knife crime is already falling, and runs counter to the aim of rehabilitating offenders.
Ih, the clause would risk doing real harm to those affected by it, because many who should not be in prison would be imprisoned, damaging large numbers of principally young lives. Finally, the clause would be discriminatory in its effect, Pinay artist scandal if that idliocte not the ln of its promoters, fog Finds local sluts for sex in idlicote would risk Finds local sluts for sex in idlicote serious damage to community relations in this country. My first reason is one of principle.
Determining sentences is generally far jn left to judges. Our judges in the criminal courts hear the evidence in individual cases and fully take into account all the facts, including the circumstances of the offence and of the offender, before passing sentences. Obliging judges to take a course that they would not otherwise fr necessarily involves forcing iclicote to impose a sentence which they would consider pocal. We completely agree with those who support the clause that knife crime is extremely serious, that everything should be done to discourage it and that in very many cases, particularly when an offence is repeated, possession of a knife in public will warrant a sentence of imprisonment.
In those cases, judges can and do impose custodial sentences. They can, indeed, be legitimately encouraged to pass custodial sentences in such cases in sentencing guidelines. However, if they decide not to pass a custodial sentence in a given case, that is because they regard one as unnecessary, unwarranted or unjust. If the clause is intended to have any practical effect—if it is more than pure posturing—that effect would be to oblige judges to pass a custodial sentence when they would not otherwise do so. There is absolutely no evidence that our judges get this wrong or that they are, in some way, a soft touch and fail to impose custodial sentences when the public interest or justice demands that they should do so.
The clause would be an entirely unwarranted restriction on judicial discretion. That leads to my second reason for opposing the clause, which is that it is unnecessary. Knife crime is falling. The Crime Survey for England and Wales indicates a continuing reduction in crime overall and in crimes of violence in particular, including knife crime. I would suggest that this is one of the significant successes of the Government, all the more remarkable for being achieved against the background of very difficult economic circumstances. The number of young people in custody has fallen to a record low. In May this year, there were fewer than 1, young offenders in custody under the age of 18—a fall of no less than from a year ago.
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