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
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