Sentencing Bill

Lord Bishop of Gloucester Excerpts

Wednesday 3rd December 2025 Lords Chamber

[Lord Marks of Henley-on-Thames (LD)]

My Lords, this group comprises Amendments 90 to 92 in my name and that of the right reverend Prelate the Bishop of Gloucester. I am extremely grateful to the right reverend Prelate not just for adding her name to these amendments but for her commitment to fairness and evidence in sentencing and criminal justice generally, which she has shown over a great time in this House. I am also grateful to the Prison Reform Trust for its help in preparing and presenting the amendments.

Together, the three amendments would establish a new panel on sentencing policy—to be called the independent advisory panel on sentencing and reducing reoffending—to advise the Government on sentencing and reducing reoffending. The new panel would be completely different from the Sentencing Council, which is an independent body that exists for a different purpose: to advise judges on sentencing within the framework of the law passed by Parliament.

The amendments would implement recommendation 9.1 of the independent review of sentencing, chaired by David Gauke, which has inspired the greater part of this Bill. The independent review was keen to get away from the focus on punishment in sentencing, and the further idea that punishment meant immediate imprisonment or incarceration—in the face of all the evidence that imprisonment is often ineffective in reducing reoffending.

The review highlighted the inescapable fact that the increasing use of imprisonment and the imposition of ever-longer sentences have led to the prison capacity crisis that this Bill is partly directed at addressing. The report recommended the establishment of an independent panel to focus government on maintaining a sustainable approach to sentencing. The review saw this independent panel as an external body of experts that would give the Government access to evidence-based expertise and give both the Government and the public impartial advice on what works in reducing reoffending and therefore cutting crime. These amendments would implement and take forward that recommendation. It must be the hope that the amendments and the new panel would bring about a change of approach, on the part of the press and the public, to sentencing and the treatment of offending in general.

Amendment 90 would establish the new panel with a duty to report annually to the Lord Chancellor, who would appoint its chair. Importantly, Amendment 91 would require the Lord Chancellor to refer government policy proposals on sentencing and reducing reoffending to the panel where such proposals had significant resource implications.

The panel would advise the Government on the evidence drawn from research, both in this country and internationally, on what works in reducing reoffending, as well as on the value for money and likely effect of government proposals. The Lord Chancellor would be bound to respond to the reports of the panel and to lay both the reports and the response before Parliament. It is to be hoped and predicted that Parliament and the public would be better informed about the thinking and evidence behind sentencing policy, which is often misunderstood.

These proposals mirror those by the Justice Committee of the House of Commons, the think tank Transform Justice, the Sentencing Academy, the Prison Reform Trust and the Centre for Justice Innovation. They represent a missing item on the agenda of sentencing reform. I urge the Government to accept these proposals. I beg to move.

[The Lord Bishop of Gloucester]

My Lords, I will make a few brief comments; I am aware of time, and there is a lot to get through. I wholeheartedly agree with the remarks made by the noble Lord, Lord Marks, and I thank him for his kind comments.

When it comes to sentencing, I have believed for many years that we need more independence and not less. My own submission to David Gauke’s sentencing review focused on this, and, as has been said, followed the Justice Committee’s recommendations—I ought to underline that—in its own inquiry on public opinion and the understanding of sentencing.

I am very grateful to the noble Lord, Lord Marks, for using language about “a change of approach”, because it is important that we get away from making legislation based on a public narrative that is not based on evidence—so-called penal populism. How do we enable the Government to remain focused on maintaining a sustainable approach to custody and facilitate greater scrutiny of the impacts of policy and legislation on prison and probation without the constant pressure from that public narrative, which is affecting the way we do our sentencing? The aim of these amendments, which uphold the principles of independence, is to support Ministers to make objective, evidence-based policy in the midst of all the pain and loss that come through crime.

A couple of years ago, I was in the Netherlands looking at its criminal justice system. Ministers there were horrified at how the public can so affect the way that Ministers act—at how people can beat a path to the door of Ministers, which then affects legislation. The Netherlands has decoupled the way Ministers make legislation and the independent factor, which is what we want to do here. I wholeheartedly agree with these amendments, and I look forward to the Minister’s response.

[Lord Sandhurst (Con)]

I thank the noble Lord, Lord Marks, the right reverend Prelate the Bishop of Gloucester and the noble Baroness, Lady Hamwee, for these amendments. Collectively, they seek to introduce an independent advisory panel on sentencing and reducing reoffending. The stated purpose of this panel is to facilitate greater scrutiny of the impacts of policy and legislation on prison and probation resources. I am sure that all noble Lords support that aim, and the idea of creating an independent body to help the Government in developing better policy in this area is an interesting concept that we hope the Minister will give proper consideration to.

These amendments seek to implement recommendation 9.1 of the Independent Sentencing Review by Mr David Gauke and others, a document that has inspired many of the provisions of the Bill. Should the Government decide not to support this recommendation, they should make plain their reasons and justification.