THE appointment of Sir Thomas Bingham as the next Lord Chief Justice will mean "no less difficulty" for the Home Secretary, Mr Michael Howard, currently in the firing line over his tough sentencing policy.
Legal experts predict that Sir Thomas will "vigorously pursue" the rights of the judiciary, following the government's plans to introduce minimum sentences persistent offenders.
As Sir Thomas took office yesterday, the row over Mr Howard's proposals continued in the judiciary. It followed a rebuke in the house of Lords earlier this week by Sir Thomas's predecessor, Lord Taylor, who called the proposals a "denial of justice" which would lead to the removal of "judicial discretion".
Lord Taylor said the white paper was "shallow and untested" and did "not describe fairly and clearly the problems the government seeks to address". Still less, he stressed, did they justify such a change in the criminal justice system.
Under the proposed scheme, Mr Howard is seeking the introduction of statutory minimum sentences of three years for third time burglars, or, for example, seven years for persistent drug dealers. The white paper is further proposing a life sentence for those who repeatedly commit violent or serious sexual offences, except in what Mr Howard called exceptional circumstances which have yet to be defined.
Mr Howard has indicated that he will proceed with the legislation, despite the hostility of the judiciary, this autumn. His response to Lord Taylor's speech has been to defend the white paper which will provide the "ordinary citizen the protection they deserve", while admitting that it will add to the already overcrowded prison population.
Nevertheless the hope for Mr Howard is that Sir Thomas will be more restrained in his views on repeat offenders than his predecessor.
In his previous role as Master of the Rolls, Sir Thomas earned a reputation as a liberal judge who has called for some of the more antiquated traditions of the judiciary to be reviewed.
Meanwhile, the Prime Minister, Mr Major, has given his support to Mr Howard, stating "I have a very old fashioned view that prison works, that when a criminal is in prison he is not wrecking lives."