Select Committee on Home Affairs and Work and Pensions Written Evidence


165.  Memorandum submitted by the Rt Hon Sir Igor Judge

  I am due to give evidence to the Home Affairs Select Committee on 21 November 2005. I am happy to answer any legal or procedural questions that the committee may wish to pose.

  I do not intend to submit my own written evidence. Instead, I simply endorse the views of Lord Woolf set out in his letter of 6 June 2005 to the Home Secretary.

  However, my views differ in one respect. If the government believes that a failure to comply with a remedial order should attract a sentence of imprisonment then it is not appropriate to deal with the breach by means of contempt of court proceedings. Contempt proceedings are cumbersome and difficult. It would be, if it is Parliament's considered intention, more appropriate to have a sentence of imprisonment set out on the face of the statute. This would make the punishment more certain and more easily understood. However, it would be inappropriate for a Judge to advise on matters of policy. It should only be considered if the Government has taken a policy decision to make the offence imprisonable.

November 2005





 
previous page contents next page

House of Commons home page Parliament home page House of Lords home page search page enquiries index

© Parliamentary copyright 2005
Prepared 20 December 2005