Speeches by Mullan.

“Q You mentioned the sentencing hearings, Paula. I want to move on to questions about the new measures to compel people to attend their sentencing hearing. First of all, we tabled an amendment to say that victims should be consulted as part of the process—that it should not just be left to a judge and that, while victim…”

“Q I will move on to talk about the expansion of the victim contact scheme. Are there resource implications for the service in extending it, and what are your initial views on how capable you will be of meeting those expanded resource requirements? Chris Jennings: There are some resource implications, but not massive on…”

“Q Okay, but taking you back to the question, what is your understanding of what the Law Commission currently says are its proposals for changes to the ULS? Alex Davies-Jones: It is looking at a broad range of proposals around the unduly lenient sentence scheme.”

“Q Fine. Great. Thank you for your agreement that it can be done. Moving on to the ULS scheme, you have mentioned, both in the Chamber and in your questions today, that the Law Commission is considering issues such as criminal appeals. What is your understanding of its consultation proposal of changes to the ULS scheme …”

“Q I will start by asking you to talk about the context through which the MOJ looks at what it can learn from international examples. For example, can you confirm that, in other elements of justice policy, you have looked at Texas to learn from what the United States does and have brought that over here? Alex Davies-Jon…”

“Q Great. What is your understanding of the US legal framework when it comes to the use of force, including, for example, restraining or gagging defendants in court? Alex Davies-Jones: It is very important to note that the judicial system in the USA is very different from that in England and Wales. It is not easy to ope…”

“Q Would I also be correct in saying, from looking at your areas of expertise, that you do not have any particular expertise on issues such as physical restraint, the moving of prisoners and using force? Chris Jennings: I have operational responsibility for 15 prisons, so I have some expertise, but I have never been a p…”

“Q Would you accept that Mr Jennings and Deputy Chief Constable Telfer, as they described, have expertise in the use of force and the physical management of offenders? Alex Davies-Jones: I would not want to speak for them. You heard their evidence today.”

“Q If I may interrupt—sorry—do you think 28 days is enough? Clare Moody: I would want to come back to you on that point specifically and separately, because I do not feel right now I could give you an informed response.”

“Q I just point out that the statement is used post conviction, so it would not influence the jury—it is for the judge. Do you accept that our amendment, which emphasises that it is for the judge to distinguish between remarks that would or would not be rightfully taken into account in sentencing, will address your conc…”

“Q Finally, you will have heard again the evidence that the witnesses gave in relation to changes to the personal impact statements. I know you are passionate about victims’ issues, and I am sure you will have been as affected as all of us by hearing those stories. Is there any particular reason why you would not suppor…”

“Q There was a discussion earlier this morning about the extent to which force might be used to compel someone to attend. We have had the opportunity to speak to other members of the group, who have suggested that even if someone was restrained, or gagged, and making a lot of noise, they would still want them there, and…”

“Q I think they said on the record that they consider themselves to have expertise in that area. Would you accept that they both agreed that it would be possible in principle to implement measures such as the restraining or gagging of an offender, even if they did not necessarily comment on the policy area? Alex Davies-…”

“Q So can we agree that there is not anything in principle that would stop the Government instigating such a measure as is proposed in our amendment? Alex Davies-Jones: I would have to consult with other stakeholders, such as the Prison Officers’ Association, other potential legislation, and so on. It is not as black an…”

“Q I have a final question about the unduly lenient sentence scheme. As you may be aware, victims and anyone else really have 28 days to appeal an unduly lenient sentence. In the Bill, the Government have chosen to extend the time available to the Government to decide on an appeal, but they have not given more time to v…”

“Q If you accept in principle that it can be done, and that it is done in other countries, why— Alex Davies-Jones: In the same way that anything can be done, but it is not as simple as that.”

“Q I am Kieran. Just for transparency, as with some of the other witnesses this morning, I want to say that we have had the opportunity to meet previously and discuss some of these issues. I want to begin by asking you about victim impact statements—or victim personal statements, as they are technically known. We have h…”

“Q I want to ask about the requirement for defendants to attend the sentencing hearing. I have spoken to victims who are quite robust in wanting to see that implemented, even if a defendant is disruptive. We have tabled an amendment to give a judge an explicit right to restrain and gag a defendant if necessary. We have …”

“Q I want to move on to questions about the victim personal statement, commonly referred to as a victim impact statement. I know we have discussed this, and there is widespread reporting that it has been suggested to individuals that they have to make their statements say different things and not necessarily criticise t…”

“Q The overwhelming weight of the evidence that we heard from witnesses today—it was almost universal—was in support of an extension of the scheme, but that was not enough to convince you that we can move ahead with this regardless of what the Law Commission says. Alex Davies-Jones: I agree that the vast majority of wit…”