Tory MP challenges Clarke on sentencing


By Tony Grew
- 28th June 2011

A Conservative MP has questioned why the government intends to drop indeterminate sentencing.

At justice questions today Philip Davies (Con, Shipley) said of the 206 people released from such sentences last year, just 11 have reoffended.

He asked the justice secretary: "Given that you say the thing that is most important in the criminal justice system is reoffending rates, why on earth do you want to scrap the single best part of the criminal justice system for reducing reoffending?"

Ken Clarke said there are 6,000 people in prison on an indeterminate sentence "and we are adding around 80 a month".

He said those prisoners are in a "catch 22" situation.

"They're only released when they can demonstrate that they are a minimal risk to society, which is the present test, but in a prison cell they will find it almost impossible to satisfy that test," he told MPs.

Clarke also rejected the concept of indeterminate sentences as "an experiment introduced by the last government that has undoubtedly failed".

Therese Coffey (Con, Suffolk Coastal) asked about the amounts spent on repeated immigration appeals.

She said there is "increasing exasperation" that some solicitors use human rights laws to "string out cases as long as possible".

Justice minister Johnathan Djangoly said under changes to legal aid the taxpayer will not longer fund immigration appeals.

Gordon Henderson (Con, Sittingbourne and Sheppey) called for root and branch reform of the "slow, unwieldy and routinely abused" legal aid system.

Kate Hoey (Lab, Vauxhall) raised the case of a Zimbabwean who had tortured people in his home country who claimed asylum in the UK and cannot be sent back as he might be tortured.

Djangoly said where someone's human rights were concerned it is right that that person receive legal aid.

And Tony Baldry (Con, Banbury) suggested that Clarke should give out "Lord Chancellor's awards" to charities and others that work with ex-prisoners and encourage rehabilitation.

Clarke said that the current financial situation meant that he would not be in a position to create an award.

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