The whole point of having a doctrine of Separation of Powers, is that it provides balances and checks between the Executive, Judiciary and Parliament, to prevent abuses of power. What we have seen happening under New Labour is the Executive encroaching into the territory of the Judiciary. Knee-jerkism from the Home Office as it responds to the headlines and editorials of The Sun. In its attempt to placate victims of crime, the Home Office and the Department for Constitutional Affairs have victimised offenders and prisoners.
It is the judge's role to judge what is the appropriate sentencing decision to make in any given case. It is not part of a judge's role to pander to the whims of politicians. As judge John Samuels points out, justice is about being dispassionate and not allowing emotions to cloud the issues. In my view, judges should rebel and refuse to allow victim statement's any right of audience in any court.
It is a shame that Harriet Harman has sold out her principles of integrity since she became part of New Labour's legal machinery. She used to be a staunch advocate of prisoners rights. It is true that power corrupts. Judge John Samuels should be praised for his correcting the scales of justice which the DCA has imbalanced with its grubby finger.