Sentencing Bill

(Limited Text - Ministerial Extracts only)

Report stage
Tuesday 6th January 2026 Lords Chamber

[Lord Keen of Elie (Con)]

My Lords, these amendments address the most complex and sensitive of legacies in our sentencing framework. Few issues illustrate more clearly the challenge of balancing public protection, fairness to victims, management of risk and the injustice to individuals who have already served far beyond their original tariff. The noble Lord, Lord Berkeley of Knighton, correctly pointed out that there is an issue here of proportionality; we seem to sometimes lose sight of that.

Amendment 76 does not provide for automatic or immediate release. Instead, it would require the Parole Board, where it does not direct release, to fix a future release date, subject to conditions intended to ensure public protection but also to instil some element of hope. The amendment would preserve a central role for the Parole Board, including, of course, powers to issue directions, vary release dates and reconsider decisions where public safety requires it. The inclusion of time limits seeks to balance progression with caution, though views may differ as to whether these limits are set at the right level.

These are complex judgments, and reasonable views can differ on how best to reconcile rehabilitation and public protection. These proposals represent a thoughtful attempt to impose coherence and fairness on an area of law that has become impossibly difficult, while attempting to keep public protection firmly in view. I hope that the Minister will engage constructively with the principles underlying these amendments and explain how the Government intend to address the long-term sustainability of the IPP regime. The status quo is untenable.

[The Minister of State, Ministry of Justice (Lord Timpson) (Lab)]

My Lords, I thank all noble Lords for their amendments on IPP sentences and for their impassioned speeches this evening. As the noble Lord, Lord Berkeley, kindly said, I share their commitment to addressing this issue with compassion, evidence and tenacity. I thank the many noble Lords who have participated in debates, meetings and discussions on this issue. I am grateful for their challenge and support, both in your Lordships’ House and at our Peers meetings, which I plan to continue in the future.

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21:55

Division 5

Amendment 76 disagreed.

Ayes: 41

Noes: 97

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[Lord Keen of Elie (Con)]

My Lords, we welcome the inclusion of the additional condition proposed by the noble Lord, Lord Russell of Liverpool, in Amendments 83 and 86, to ensure that, for a transitional period, an offender who has breached a licence condition or court order in relation to their victim is not automatically released. It is an important amendment for protecting victims and maintaining confidence in the justice system. We are also supportive of Amendment 87, which excludes certain serious offenders from automatic release. This aligns with our Amendment 25 and ensures that those who pose the greatest risk to the public cannot benefit from automatic release.

[Lord Timpson (Lab)]

My Lords, I am very grateful to the noble Lords for tabling these amendments. Although we are still convinced that the approach in the Bill is right, it is only right that it receives thorough scrutiny. In drafting these measures, we have sought to strike a balance between ensuring that offenders can be safely managed in the community and the need to achieve a sustainable prison system. Nothing would be worse for victims than running out of prison cells.

The new system has been carefully designed to achieve this and to ensure consistent and proportionate responses to risk and non-compliance across all offence types. The offence-based exemptions proposed by Amendments 79 and 87 would undermine that consistency and may not reflect an individual’s actual risk level. The Bill already contains significant safeguards so that offenders who pose a greater risk are excluded from 56-day fixed-term recall. This includes those recalled on account of being charged with a further offence and those subject to multi-agency supervision levels 2 and 3. This applies to many sexual, violent and domestic abuse offenders.

Before any recalled offender is re-released, professionally qualified probation officers will undertake a thorough review of the release plans and licence conditions. They will ensure that needs and risks are managed, with a focus on mitigating risks against known victims. Furthermore, a prisoner given a fixed-term recall can be transferred to a standard recall if certain conditions are met, including if their risk escalates and they are then managed at multi-agency supervision levels 2 and 3. Offenders will leave prison to probation supervision and can be recalled again if considered a risk.

Amendments 80 and 81 seek to allow release from fixed-term recall at an earlier point than 56 days. The Independent Sentencing Review found that the current short duration of fixed-term recalls—14 or 28 days—does not provide enough time for offenders to address their risky behaviours in custody or for further risk reduction measures to be implemented. The Government agree with this assessment. This has been carefully considered with operational colleagues, and 56 days is enough time to undertake and put in place risk-management plans. Our proposed framework already provides sufficient flexibility without any further legislative change needed.

The Bill already allows the Secretary of State to keep an offender in custody past 56 days by overriding automatic re-release and converting a fixed-term recall to a standard recall. Where this happens, release is subject to Parole Board approval or, under the existing risk-assessed recall review process, allowing offenders to be released at any point before the 56 days where it is assessed safe to do so. For example, an offender could be recalled because of an increased risk linked to substance misuse. Having received structured support in custody that can be continued in the community, probation staff assess they can now be safely managed in the community. In this situation, they can be re-released before 56 days.

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[Lord Foster of Bath (LD)]

My Lords, I declare my interests as chairman of Peers for Gambling Reform and chairman of Action on Gambling. Amendments 95 and 99 are based on concerns that I have previously expressed during earlier stages of our consideration of the Bill. At present, gambling disorder, unlike drugs and alcohol addiction, is not adequately addressed within the criminal justice system. Gambling disorder simply does not have parity of esteem with drug and alcohol addiction, and I believe that it should. The internationally agreed classification of mental disorders believes that it should and puts drugs, alcohol and gambling in a special subgroup of substance-related and addictive disorders. The Association of Police and Crime Commissioners believes that there should be parity. Our own NICE guidelines say the same and state that screening about gambling should occur at each point of contact with the criminal justice system.

However, at present, there is no parity of esteem and, as a result, we are failing to tackle one of the key issues that lead people to offend and reoffend. We know from independent research that, for example, a far higher percentage—over 25%—of the prison population suffer gambling harm than in the general population, and gambling is rife within our prisons. Yet current assessment of offenders rarely identifies gambling disorder because it is not adequately referenced in current and planned future assessment procedures. Support and treatment for gambling disorder are rarely available either in prisons or to those under the supervision of the Probation Service.

As a result, many individuals enter court or prison or start a non-custodial sentence without any assessment of whether gambling disorder contributed to their offence. Courts rarely then have access to gambling-specific reports, leaving judges without evidence to make an informed sentencing decision. There is no statutory gambling treatment requirement, leaving courts without structured, clinically guided alternatives to custodial sentences. Within prisons, or for those under the supervision of the Probation Service, treatment and peer-support options are largely absent. On release, continuity of care is, frankly, inconsistent, leaving individuals vulnerable to relapse and reoffending.

Amendments 95 and 99 seek to overcome these problems in terms of assessment and support for gambling disorders among offenders. They seek to give parity of esteem for drug and alcohol addiction and gambling disorders. I beg to move Amendment 95.

[Lord Timpson (Lab)]

My Lords, I know it is late, but it is important that I cover a number of very important points. I must begin by paying tribute to the noble Lord, Lord Foster. He has shown extraordinary tenacity and leadership in tackling gambling addiction and harms in the criminal justice system. I have certainly learned a lot from my conversations with the noble Lord on the subject and it is no exaggeration to say that, without his interventions, I would not have fully appreciated the importance and significance of gambling addiction in driving offending. I also reflect back on leading a business where, if I had been more aware of problems with gambling addiction, I could have supported colleagues in a better way.

I can assure the noble Lord that this is now a personal priority of mine. I accept that there is more to do to ensure that there is parity of esteem between gambling addiction and more commonly recognised addictions such as to drugs and alcohol. This work must be done urgently and I have tasked my officials to get on with ensuring that this is taken forward. I am firmly committed to identifying offenders’ problems, whether they be drug, alcohol or gambling addictions, to ensure that they can access the support they need to help turn their lives around and reduce reoffending. But, although we agree wholeheartedly with the spirit of Amendment 95, we do not believe that legislation is needed. There are already multiple opportunities for an offender’s needs to be identified, including via pre-sentence reports. Staff are also encouraged to consider gambling-related risks in risk assessments and rehabilitation planning.

To ensure a consistent approach throughout the criminal justice system, probation and prison staff use a single tool: the offender assessment system, OASys for short. I recognise that OASys provides minimal overt prompts to encourage them to take gambling harms and addiction into account, compared with drugs and alcohol addiction. However, a new tool known as ARNS is replacing this. An early version is now operating in four probation regions. To ensure we focus more closely on gambling, ARNS is already testing updated questions including: is the person affected by gambling? This is in the finance section. If the answer is yes, the tool automatically prompts for further details. Additionally, the new ARNS sentence plan, due to be rolled out nationally from March this year, already includes gambling-related rehabilitative goals for relevant individuals. However, I accept that such a question is probably not best placed in the finance section and we will review this, based on advice from experts in the field.

The Government are committed to working with experts in the gambling sector as we develop, test and refine our approach this year. We have therefore invited a world-renowned expert on gambling addiction, Dr Matt Gaskell, to advise the ARNS project as a member of its academic expert group, and I am very grateful to the noble Lord, Lord Foster, for introducing us to him. We will collaborate with Dr Gaskell and the practitioners testing the tool to establish how to make it work, based on the evidence they present. We will take a proportionate and evidence-led approach in determining how and when assessments are completed. To confirm, I am committed to giving gambling addiction parity of esteem. Our approach will continue to evolve, guided by evidence and informed by expert advice to improve outcomes. I am excited to convene a gambling round table in the coming months, bringing together leading voices to share valuable insights. I am looking forward also to touring the country to speak to probation officers this spring and will share the importance of gambling addiction with them then.

I also thank the noble Lord for tabling Amendment 99. As with Amendment 95, I agree entirely with the principle of supporting offenders to reduce reoffending. Many rehabilitative interventions are already available for individuals with a gambling addiction or disorder. These include support with thinking and behaviour, debt advice, relationships, homelessness and unemployment. Mutual aid groups such as Gamblers Anonymous also have a very important role to play.

I recognise that there is more to do to improve access to mutual aid across the estate, not just for gambling but also for drugs and alcohol. It is a personal aim of mine to ensure that all prisons have weekly access to Gamblers Anonymous, Alcoholics Anonymous and Narcotics Anonymous meetings, and I want to work closely with these fellowships to achieve this. I am pleased that Gambling Anonymous is already operating in 11 prisons and I am sure that many prisoners benefit from its support. HMPPS has established a forum for mutual aid fellowships to help identify and tackle barriers to access. With the support of forum members, HMPPS has developed guidance for prisoners on facilitating access to mutual aid and is co-developing promotional materials. The forum includes Gamblers Anonymous and I am grateful for its ongoing support and collaboration.

Recognising that there is more we need to do, we are working with health partners to ensure that pathways to treatment and recovery services are accessible for people in the criminal justice system. This includes support with thinking and behaviour, debt advice, relationships, homelessness and unemployment. We are working with health partners in the scoping and development of future work undertaken through the treatment strand of the gambling levy programme, which will be allocated 50% of funding from the levy. Funding from the statutory gambling levy will further bolster the support available, and the Government have committed to publishing an annual report on the progress of the levy.

Pilots are already in place to strengthen treatment provision in criminal justice settings across both NHS and third-sector providers. NHS England is committed to building on these pilots to ensure treatment interventions are robust, effective and evidence led. It is working hand in hand with the Office for Health Improvement and Disparities, which lead the prevention strand of the levy, to deepen our understanding of prevalence and inform future approaches to screening.

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Moved by

[Lord Timpson]

101: Clause 46, page 77, line 1, after “9,” insert “(Whole life order: murder of police, prison or probation officer),”
Member’s explanatory statement
This amendment would provide for my new clause to be inserted after clause 10 to come into force at the end of two months beginning with the day on which the Bill is passed.

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Moved by

[Lord Timpson]

102: Clause 46, page 77, line 1, leave out “and 38 to 40” and insert “, 38, 39 and 40”
Member’s explanatory statement
This amendment amends the commencement clause in the Bill and is consequential on my amendment inserting a new clause before clause 40.