Sentencing Bill

Baroness Sater Excerpts

Report stage
Tuesday 6th January 2026 Lords Chamber

Moved by

[Baroness Sater]

63: After Clause 19, insert the following new Clause—
“Sentencing of offenders for crimes committed as childrenWhere a court is sentencing an offender for a crime committed before the age of 18 but at the time of the first court appearance the offender is older than 17 but younger than 21, the offender must be sentenced according to the sentencing guidelines that apply in a youth court.”

[Baroness Sater (Con)]

My Lords, Amendment 63 stands in my name and those of the noble Lord, Lord Ponsonby, and my noble and learned friend Lord Garnier. I am very grateful to both distinguished colleagues, who have years of experience in criminal justice, for supporting this amendment.

The amendment seeks to address an anomaly in the criminal justice system. As the law currently stands, the justice system treats a defendant according to their age on the date of their first appearance in court, rather than their age at the time of the offence. The result is that a child who commits an offence at, for example, 15, 16 or 17 years of age may be sentenced as an adult if proceedings are delayed until after their 18th birthday. Young people can lose access to the youth-specific disposals, such as referral orders, and to the comprehensive support of the youth offending teams, even though their offending behaviour occurred while they were children.

The youth justice system exists for a reason. Through my experience as a former youth magistrate for over 20 years and as a member of the Youth Justice Board for England and Wales, I saw first-hand how the approach and disposals given in the youth court can turn lives around and make it more likely that these young people will go on to lead crime-free lives. The range of sentences available in the youth court provides a far greater emphasis on the child’s welfare, education and the prevention of reoffending. The court has specifically trained magistrates and judges, who are required to give priority to rehabilitation.

The consequences of not being part of the youth justice process—not to mention mistakes in the treatment of criminal record disclosures—can affect a young person well into their adulthood. This anomaly can also give rise to what can be described only as a postcode lottery in sentencing outcomes. For example, two young people may commit the exact same offence at the exact same age in similar circumstances. One happens to live in an area where their case reaches court before their 18th birthday. The other lives in an area where the backlogs are greater and their first appearance in court is delayed. The first is sentenced under the youth justice guidelines, with access to youth-specific disposals and rehabilitation support. The second, despite being no more culpable, is sentenced as an adult. That difference arises not from the seriousness of the offence nor from the maturity of the offender but simply from geography and the resulting administrative delay. That is fundamentally inconsistent with the principle that like cases should be treated alike.

My amendment seeks to correct that situation by providing that where an offence was committed before the age of 18 and the offender is under the age of 21 at the time of their first court appearance, their case must be heard and sentenced in the youth court where appropriate. I consider this not to be a radical proposal but a widely accepted principle that culpability and sentencing should be assessed by reference to the age and maturity at which the offending behaviour occurred, not by administrative delays which are often entirely outside the control of the defendant and no fault of their own.

This anomaly was recognised in the other place in 2021. When introducing a 10-minute rule Bill, the former Member for Aylesbury, Robert Butler, spoke powerfully about this unfairness. The Bill had cross-party support, as well as support from the then Children’s Commissioner, the Magistrates’ Association—of which I declare that I am a life member—and the Association of Youth Offending Team Managers.

Importantly, this amendment would not prevent courts taking the seriousness of an offence into account or require inappropriate placement in youth custodial sentences for older defendants. It would preserve judicial discretion while ensuring that sentencing decisions are taken through the correct lens—one that reflects that the offending behaviour occurred during childhood. The Sentencing Council already recognises that age at the time of offence remains relevant after the defendant turns 18. This amendment would give clear statutory effect to that principle, ensuring consistency in how it is applied.

I would be grateful if the Minister could consider this amendment, as it is about recognising that childhood offending should be addressed as such. Ultimately, this amendment is not just a matter of procedure but a question of fairness, proportionality and effective justice.

--- Later in debate ---

[Baroness Sater (Con)]

I thank the noble Lord for his very positive and encouraging words. Although, as he says, it is a substantial challenge, I think it is a challenge worth taking. But this is a probing amendment and I beg leave to withdraw it.

Amendment 63 withdrawn.

Criminal Justice System: Capacity

Baroness Sater Excerpts

Tuesday 22nd October 2024 Lords Chamber

[Baroness Sater (Con)]

My Lords, last month, 37 prisoners were mistakenly released from prison under the early release scheme. One was charged with sexually assaulting a woman on the same day that he was released. Can the Minister please explain what evaluation is given and criteria used when deciding whether a prisoner is eligible to be released under the early release scheme?

[Lord Ponsonby of Shulbrede (Lab)]

I thank the noble Baroness for her question. All prisoners who were released in error under the first tranche of releases are now back behind bars. I will write to her on her question but, broadly speaking, the criteria includes whether offences were sexual and violent or related to domestic abuse. I will write to her with the specific list; it is in my notes, but I am not sure that I can find it in proper time today.