David Hanson - Justice minister
On public 'sentencing'
Question: Tell me about the new programme to allow members of the public to pass sentences on virtual offenders?
Hanson: What we've done is produced a DVD and a website which allow individuals to look at four case studies of real offences portrayed by actors and make a judgement - based on the history of the individual and the severity of the crime - as to what the sentence should be for that individual.
The reason we're doing it is to give people a better chance of understanding how sentencing works and what the difficult challenges are for magistrates and for judges in determining whether people go to prison or whether they have a community-based sentence.
Part of the thinking behind it is that sometimes we're aware that there's not an understanding of what community sentences are and how they work and we're trying to raise awareness of the different range of options that are available under a community sentence and to show their effectiveness to people in the community.
Question: Why do you think people's understanding of community sentences needs to be improved?
Hanson: I think it's important that people know that prison is available for people who commit serious offences but I think they also need to have an awareness that there's not just prison. There is a range of other sentences that can be passed by the court, which are very difficult for the people who receive those sentences but which are also designed to change behaviour and to help prevent people from reoffending in due course.
Very often, community sentences can be seen as being a soft option and I want to show through this DVD and website that they are also a difficult sentence and that they are done for a purpose, which is to help prevent people from committing further crimes.
Question: Is there a risk that the public might take a disproportionately heavy-handed approach to sentencing?
Hanson: It's very interesting because when we tested this out the vast majority of the members of the public who did the DVD or the website actually came in or about where the sentence was in real life. So they normally make a judgement very similar to what the magistrate or the judge has made in that particular case.
That shows us that the sentences are getting it right, but equally, I hope it gives confidence to the public who use it that the type of sentence that's being given is a fair sentence for the type of crime that's being portrayed in the DVD and website.
On anonymous witnesses
Question: Why is legislation needed to protect anonymous witnesses?
Hanson: There is a gap, currently, which has been shown by the law lords' judgement a couple of weeks ago and what we've needed to do is fill that gap with legislation to ensure that the anonymity of witnesses is protected where a judge deems it necessary.
My colleagues Jack Straw and Maria Eagle are dealing with this matter next week on the floor of the House and we've taken early steps to fill that gap. We will be bringing forward again, as Jack Straw committed to, full legislation for proper long-term scrutiny in the bill in the Queen's Speech later this year.
Question: The Conservatives support the move but have warned against rushing legislation through the House. What dangers are there with emergency legislation?
Hanson: We've been very clear with the Opposition that we need to fill the gap that has been identified, but we're going to reintroduce the clauses for proper scrutiny in the legislation later this year.
So although it is emergency legislation and we will be taking it through very quickly, there will be an opportunity to revisit this in the autumn post- Queen's Speech, which I think we've got all party agreement on to help be done in a proper and effective way.
Question: How confident are you that the legislation will be passed before the summer recess and what will the consequences be if it's not passed?
Hanson: We'll be announcing very shortly when the bill will be committed before the House of Commons and the House of Lords and I'm fairly confident that we'll be able to get all-party support for the measures before the summer recess and we'll be announcing that, I very much hope, to the business managers shortly.
Question: Obviously there's a need to balance witness protection with ensuring fair and open trials. What safeguards will there be to ensure that innocent people aren't prosecuted?
Hanson: The situation with regard to anonymous witnesses is that a judge has to agree to these steps being taken. When we publish the bill, which we will do shortly, I hope that there will be measures there which will reassure the public and the Opposition that is a measure that is necessary.
But the key thing is that we will be revisiting this later this year - these emergency proposals are to cover the current gap following the law lords' ruling recently.









