Sentencing Guidelines (Pre-sentence Reports) Bill

Lord Bishop of Gloucester Excerpts

Report stage
Wednesday 4th June 2025 Lords Chamber

The point of my Amendment 2 and its accompanying Amendment 4 is to provide that the prohibition on guidelines that refer to particular cohorts or personal characteristics will not apply where the council has good cause to believe that leaving such characteristics out of account would be likely to lead to an inequality of outcomes. The Sentencing Council would be entitled to propose guidelines that face reality and advise judges how best to approach it. We regard that as fundamental and just, and I propose to seek the opinion of the House on Amendment 2.

[The Lord Bishop of Gloucester]

My Lords, like other noble Lords, I have already registered my feelings about the Bill at Second Reading and in Committee. Now that we have had the publication of the Independent Sentencing Review and the Government’s response, I reiterate the point that, like others, I simply do not believe that we need this legislation. It seems that the left hand is not aware of the right hand on the evidence around sentencing.

I agree with what has been said already. Amendment 8, in my name, seeks something very specific: to ensure that existing sentencing guidelines relating to the mitigating factor of pregnancy, childbirth and postnatal care can continue to provide directions for courts to obtain pre-sentence reports for offenders who are pregnant or primary carers of young children. Without this amendment, the Sentencing Guidelines (Pre-sentence Reports) Bill directly contradicts the Government’s stated policy intent to reduce the imprisonment of pregnant women and mothers of young children.

On 22 May, in her response to the Independent Sentencing Review, the Lord Chancellor explicitly stated the Government’s intent to reduce the imprisonment of pregnant women and mothers of young children. She said:

“I am particularly keen to ensure that pregnant women and mothers of young children are not anywhere near our female prison estate in future”.—[Official Report, Commons, 22/5/25; col. 1204.]


Indeed, the Independent Sentencing Review

“recognises the harm caused by imprisoning pregnant women and believes pregnant women and new mothers should be diverted and supported in the community, unless in exceptional circumstances. Custody must only be a last resort”.

How, then, are we to achieve this, when the Bill makes unlawful the existing Sentencing Council’s mitigating factor—pregnancy, childbirth and postnatal care—which came into force on 1 April 2024 and directs courts to obtain PSRs for pregnant and postnatal offenders? I am very grateful to the Minister for writing after Committee, but he confirmed—extraordinarily—that the Bill will render such direction about obtaining PSRs across existing sentencing guidelines unlawful. I query his assumption that, without direction, sentencers might request a PSR. This is a backward step. Simply put, without a pre-sentence report, alternatives to custody cannot be considered by a sentencing court. Without a mandatory direction to obtain a PSR, there is no way to ensure that women are diverted from custody. Without this amendment, the Bill directly contradicts the Government’s stated policy intent. I recognise the very difficult position that the Minister has been put in, but I am simply looking for the Government to have the grace to admit this contradiction and to accept this amendment. It does not have to be seen as a humiliating backing-down, but, rather, a humble response to listening.

I will not delay the House further. I will listen to the Minister’s response in due course, but I am minded, at this point, to divide the House. However, I might need some careful direction, should other amendments be passed, as to where that leaves my Amendment 8.

[Lord Thomas of Cwmgiedd (CB)]

My Lords, I wish to add a few sentences to what the right reverend Prelate said. I preface that by noting that, when we built the Sentencing Council, the legislation was discussed and agreed. It was clear when this Bill was introduced that discussion and agreement were needed. I find it very disappointing that we have not been able to get together to find a satisfactory way to deal with this legislation other than by dropping it—I regard that now as gone.

I think it important that Ministers appreciate what the right reverend Prelate said. It is plain that pregnancy and maternity are characteristics, and one ought to ensure that all judges receive the same guidance as to obtaining pre-sentence reports. I know that the Minister and the Lord Chancellor are very keen that pregnant women do not go to prison, but they are not the law; the law is laid down by this unfortunate legislation. If there is one thing we can do to ensure that it does not wreak injustice, it is to allow the amendment proposed by the right reverend Prelate. There is a huge amount more that we should do, but, without a consensus and discussion between us, I do not believe that we can make any improvement. That is why I content myself with this very narrow point. We cannot be in a position where we cannot give guidance to courts that they should get a pre-sentence report to avoid sending pregnant women to prison.

--- Later in debate ---

Tabled by

[The Lord Bishop of Gloucester]

8: Clause 1, page 1, line 13, at end insert—
“but do not include pregnancy or maternity.”Member's explanatory statement
This amendment seeks to ensure that existing sentencing guidelines relating to the mitigating factor of “pregnancy, childbirth and postnatal care” can continue to provide directions for courts to obtain pre-sentence reports for offenders who are pregnant or are primary carers of young children.

[The Lord Bishop of Gloucester]

I am minded not to move this, given what we have seen already, but I did just want to say to the Minister that there has been real confusion here, and I am really disappointed that this is undermining something that is already in existence. The Minister said the pre-sentencing guidelines are saying one thing, and the Bill is saying another. I am very disappointed, but I am not going to move this amendment.

Amendment 8 not moved.