§ Sir Brian MawhinneyTo ask the Secretary of State for the Home Department if he will list the provisions in the magistrates courts rules which may prevent or570W discourage magistrates from questioning defendants about the reasons for their behaviour before reaching a final decision on sentencing. [21930]
§ Mr. MichaelIt is the Government's intention positively to encourage magistrates to question defendants about the reasons for their behaviour as part of our plans to make offenders accountable for their actions and to make them participants rather than passive observers in court proceedings which affect them. The White Paper "No More Excuses: A New Approach to Tackling Youth Crime in England and Wales" (Cmnd 3809) set out the Government's intention to remove any obstacles in the Magistrates' Courts Rules which may prevent or discourage magistrates from questioning defendants in the Youth Court about the reasons for their behaviour, before reaching a final decision on sentencing. Specifically, the Government intend to review the Rules to determine(a) whether there are any such obstacles on the face of the Rules; (b) whether in practice any of the Rules are regarded as inhibiting dialogue with the defendant; and (c) whether the existing Rules should be clarified or extended to encourage magistrates to question defendants about the reasons for their behaviour in order that this can inform decisions about sentencing. Until this review is completed, it is not possible to list the provisions of the Rules which may prevent or discourage magistrates from questioning defendants about the reasons for their behaviour before reaching a final decision on sentencing.