Last week, I read a blog written by barrister Matthew Scott. It concerned the proposed Sentencing Escalator Bill. It is a Private Members Bill sponsored by Philip Hollobone MP, the member for Kettering.
You can read the Bill here (it won’t take long). Its essence is that where a person is convicted of the same offence on a second (or subsequent) occasion, the Bill would require that the sentence for the second (or subsequent) offence be longer than the original sentence.
You can read Matthew’s blog here. Matthew concisely and effectively demolishes the proposal. Aside from further limiting judicial discretion – the idea that judges who preside over trials or have access to the case papers are best placed to know what the proper sentence is, surprising I know, – (as Matthew very concisely and eloquently explains) the Bill would create a number of anomalies.
One such anomaly would be thus. An offender is convicted of a nasty s47 ABH, receiving 4 years. He is subsequently convicted of ABH. The Bill would require that he receives a lengthier sentence than on the first ABH, notwithstanding that the second ABH might be very minor and in realty warrant a 12 month sentence. Matthew highlights that if the first conviction was for GBH, and the second was for ABH, then the Bill would not require that a lengthier sentence be imposed. The Bill would, as he states, target those who had been fairly nasty in the past, but not those with a very nasty past.
Consider where an offender is convicted of theft from their employer, involving vast amounts of money and a sophisticated method. They receive 6 years. If they were then convicted of stealing a Mars bar from a shop, the Bill would require that they receive a lengthier sentence. (Thanks to Dan Bunting for that example).
Another Private Members Bill sponsored by Phillip Bone MP is the Young Offenders (Parental Responsibility) Bill. You can read it here. Again, it won’t take long.
If enacted it would basically mean that where a child or young person commits an offence, their parents are responsible for it. Doesn’t sound too bad you say? The effect would be that where a child commits an offence, but isn’t charged or subjected to a penalty (the meaning of which is unclear), the person(s) with parental responsibility for the child also commit and offence and are liable for the same punishment as the child would have been.
The purpose of this post was not to rehash Matthew’s excellent blog but to highlight the fact that some of the people who we pay £65,000 per year (plus expenses) to represent us are wasting public time and money on idiotic proposals which will never make it onto the statute book.
If any readers live in Mr Hollobone’s constituency, and you agree with Matthew’s conclusion, and our concerns, about Mr Hollobone’s Bills and the waste of time and money he is responsible for, why not write him a letter. We’d be happy to publish it (and any reply you received).
Either way, let us know your thoughts.
Follow Matthew on Twitter @BarristerBlogger