§ 30. Mr. Simon CoombsTo ask the Attorney-General whether the interests of victims are taken into account by the Crown Prosecution Service when deciding whether to prosecute.
§ The Solicitor-General (Sir Derek Spencer)When the Crown Prosecution Service is deciding whether to continue proceedings the interests of the victim are an important factor in determining the balance of the public interest.
§ Mr. CoombsMy hon. and learned Friend will be well aware of the strong public feeling on the recent Roberts case in Plymouth. Is he absolutely satisfied that the interests of the families of people such as Jonathan Roberts are sufficiently taken into consideration by the judicial system?
§ The Solicitor-GeneralMy right hon. and learned Friend the Attorney-General has already called for the papers in that case and in another case in which the same judge sentenced the following day. My right hon. and learned Friend will receive advice from Treasury Counsel and will then make up his mind whether the sentences were unduly lenient. If he comes to that conclusion, he will refer the cases to the Court of Appeal for review.
§ Mr. BerminghamDoes the Solicitor-General agree that many of the problems could be resolved if, from time to time, the Court of Appeal reviewed tariffs in general?
§ The Solicitor-GeneralThe hon. Gentleman will agree that that is one of the functions that the Court of Appeal carries out from time to time when my right hon. and 15 learned Friend the Attorney-General refers sentences to it as unduly lenient. It also does that in other appropriate circumstances, as it sees fit.
§ Mr. NichollsIs not it a fact that even where a tariff exists, the judge still has the ultimate responsibility to set a sentence between the minimum and maximum prescribed by law? Ultimately, it is his job to make that decision and to stand by it.
§ The Solicitor-GeneralThe judiciary is independent of political influence. Anyone who has had any experience as a judge in court knows that sentencing requires sense and sensibility. It is one thing to sentence as a paper exercise and another to do it when one can see the whites of the defendant's eyes.
§ Mr. MaclennanIs the Solicitor-General aware of the concern throughout Britain about the rarity of the preferring of charges of manslaughter where death has been caused by careless or dangerous driving? Will he look into the exceptional circumstances that are deemed to be necessary to bring such charges? Will he have some discussion about the matter with the Crown Prosecution Service?
§ The Solicitor-GeneralThe hon. Gentleman is a little behind the times. Recently, we increased the maximum sentence for causing death by dangerous driving and other similar offences from five to 10 years. In any event, in the case of Seymour, a House of Lords decision made plain what are the appropriate circumstances for preferring a charge of manslaughter.