Sentencing Bill

Debate between Lord Keen of Elie and Baroness Hamwee

Consideration of Commons amendments and / or reasons
Wednesday 21st January 2026 Lords Chamber

[Lord Keen of Elie (Con)]

My Lords, I thank the Minister for his remarks and the explanation he gave for the government amendment in lieu of our own amendment. I also thank him for his sustained engagement with Peers across the House, both in and outside the Chamber.

The Government have now committed to publishing sentencing remarks for all Crown Court trials, and we thank the Minister for this step. It was only in response to our successful Conservative amendment that the Government finally acted. It was regrettable that they opposed our original amendment in both Houses, but we welcome their amendment as a step forward in the right direction.

Sentencing remarks explain the judge’s reasoning in determining the sentence imposed. This is important not only for the victims, whose lives are disrupted in the most profound way by crime, but for the transparency required in the justice system. The provision of sentence remarks upon request will mean that victims who are unable to visit the courtroom, whether for practical reasons or because the experience is simply too traumatising, will be able to understand the reasoning behind sentences handed out to offenders.

This amendment builds on the work of the previous Conservative Government, who successfully piloted free access to sentencing remarks for victims of murder, rape and other sexual offences. This amendment now rightly widens that scope to all victims. It is wrong that a victim of, for example, aggravated burglary should have to pay to read the reasoning behind the sentence of the criminal who robbed their shop. This was a clear gap in the law that will now be filled.

The government amendment contains provisions for the timeline and processes for providing transcripts to be set out in regulations. I thank the Minister for his assurance that regulations will specify that transcripts will be provided within 14 days of a request being made. Under our current system, victims have just 28 days to submit an application for the unduly lenient sentence scheme. This can be a complex legal process to contend with in less than a month. It is our intention, as indicated by the Minister, to double the time that victims have available to 56 days. I am grateful that the Minister shares my commitment to ensuring that victims receive their transcripts before that point. Without timely access to these remarks, victims would risk being shut out of the scheme and denied access to justice.

Finally, I turn to the matter of publication. Open justice is an essential foundation of our democracy and sentencing will no doubt become more complex and discretionary under this Bill. We therefore believe that, in principle, sentencing remarks should be made available to the wider public to maintain transparency and accountability. Although the Government are unable to commit to the public release of sentencing remarks at this point, we note the progress made on this issue and we will raise the matter again during the passage of the Victims and Courts Bill.

This amendment represents a significant step forward for victims and for transparency in our justice system. It ensures that those affected by crime can access the reasoning behind sentences, and it builds on a clear Conservative record of reform. While there is more to do, we have now made real progress, and we will continue to press for full public access to sentencing remarks in future legislation.

[Baroness Hamwee (LD)]

My Lords, my noble friend Lord Marks will no doubt repeat some of the niceties, but I too am glad to see this step forward. I shall ask the Minister some questions on the government amendment.

First, there is the phrase

“sentencing remarks … relevant to”

the victim will be supplied. From what the Minister has said, is that distinguishing one particular victim from another victim in the same case, or what is meant by sentencing remarks relevant to the victim? I have to say that, if I were a victim, I would think that everything that was said in sentencing would be relevant. It also occurs to me that, if the court is required to edit the remarks before supplying them, that is actually more work for the court, which is something that the Government are obviously aware of. I take it that “remarks relevant to the victim” are different from

“circumstances in which, for the purposes of this section, sentencing remarks are relevant to a victim”,

in paragraph (11) of the proposed new clause. Can the Minister clarify what is meant by “circumstances” in this context?

There is also provision for the “omission of information” and making

“further provision about the supply of a transcript”,

which I take it covers not supplying it, though I am obviously not pushing that point. Like the noble and learned Lord, I am concerned to know about publication. A number of us have heard from the Lady Chief Justice of the progress that has been made and the success in using new technology in this context. I also ask what consultation is planned on circumstances, on exceptions and so on—the various points that will be covered by the regulations.

The Minister has said, and we are grateful for this, that answers will be given to questions asked by my honourable friend the Member for Chichester. Briefly, they are whether the term “victim” is to be the same as the definition used in the victims’ code, including where the victim is unable personally to request sentencing remarks; and, where the amendment provides for exceptions, what sort of exceptions—this goes back to my point about consultation—and what sort of information may be omitted. And possibly overarching all this, will the Government be publishing a review of the pilot that was carried out recently? We have heard about it, we gather it has been successful, if limited, so can we hear more about it?

Sentencing Bill

Debate between Lord Keen of Elie and Baroness Hamwee

Committee stage
Wednesday 3rd December 2025 Lords Chamber

[Baroness Hamwee (LD)]

My Lords, my noble friend said he thought I would agree. I agree.

[Lord Keen of Elie (Con)]

My Lords, the Government have stated that the aim of this measure is to increase public confidence that justice is seen to be done as more individuals are diverted into the community. They claim that if individuals are seen to be giving back to their community then this will act as a deterrent against committing crime. I wonder whether there is an element of wishful thinking from the Government about this. The ability to take photos of offenders picking up litter is hardly a substitute for the prospect of time in custody.

If the Government intend to enact the substance of the Bill then perhaps any efforts to act as a deterrent are welcome, even a measure as small as this one. However, we would have to ensure that it is exercised properly and with a clear framework around it. Probation officers are already operating under extraordinary strain; they should not be required to improvise policy on a ground such as this, particularly when it has obvious implications for privacy, data protection and public confidence. There would have to be clear statutory guidance on when a photograph may be taken, the safeguards that exist against misuse and the redress that is available if things go wrong. As a number of noble Lords have mentioned, we must also guard against a drift towards humiliation or the selective publication of images in a way that would stigmatise individuals or particular communities.

If the purpose of Clause 35 is to demonstrate that unpaid work is both visible and constructive then the Government would have to ensure that the practice reflects those aims. Perhaps with proper regulation this might be possible, but without that it risks becoming another ill-defined power handed to an already overstretched Probation Service. We urge the Minister to commit to setting out clearly the safeguards and practical requirements that will clearly be required if a clause such as Clause 35 is ever implemented.

Sentencing Bill

Debate between Lord Keen of Elie and Baroness Hamwee

Committee stage
Monday 1st December 2025 Lords Chamber

[Lord Keen of Elie (Con)]

My Lords, I will speak to Amendments 84, 85 and 148A in my name. These amendments concern the publication of sentencing remarks, the collection and publication of sentencing data, and the review of the effect of this Bill on community and voluntary sectors once it comes into force.

The Government are, of course, of the opinion that the near blanket presumption of suspended sentences will lead to less crime in the long run. Reports have suggested, however, that it will increase offences by almost 400,000 per year. I certainly hope that the Government are right in their assessment because, clearly, safer streets is a goal which would unite all noble Lords.

If we are to assess whether this Bill is anything of a success, we need the data to support it. We on these Benches do not and will not simply accept reform based on blind faith. Reform has to be backed by accountability, visibility and evidence. Amendment 84 concerns sentencing remarks. We propose that all transcripts of sentencing remarks from the Crown Court be published and be made freely available online for the public to access.

Sentencing is not just a technical exercise. It is a moment of public judgment. A judge’s remarks concern the reasoning behind both why a particular sentence was imposed and why it was for a particular duration. That reasoning is essential for victims, families, communities and the public at large to understand what justice looks like in practice. Without that transparency, justice is done behind a veil, and that is liable to undermine confidence. In a sense, the Government agree with that principle—at least they did when their manifesto was written.

In their manifesto, they observed of criminals that

“the sentences they receive often do not make sense either to victims or the wider public”.

I suggest that the publication of sentencing remarks is key to rebuilding public confidence and holding the judicial system to account. It is trite that open justice is an essential foundation of our democracy. If sentencing is to become more complex and discretionary under the Bill, especially with the expanded use of suspended sentences and community orders, public understanding and scrutiny will become even more important.

Research by the International Association for Court Administration has shown a clear link between transparency in sentencing and public confidence in the justice system. Yet, even now, our current system remains opaque. Though sentencing remarks may be broadcast in a limited number of high-profile cases, many judgments remain inaccessible. Of course, transcripts are available, but only at cost and if requested. For many victims and their families, as well as third parties such as researchers, that is a prohibitive barrier. We must replace selective access with universal and consistent transparency, especially in the wake of this Bill.

Amendment 85 would require the courts to report key sentencing data and the Government to publish aggregate statistics at certain periods. That would provide the public with information on how many sentences are given for which offences, their length and offender demographics. If we are to place thousands more offenders under community supervision and expand the use of suspended sentences, we must be able to monitor the consequences: who is being sentenced, for what and with what impact on reoffending or public safety. Without such data, the Bill becomes a blind experiment, and we will not know whether it is achieving its objectives. We must not shy away from accountability or reject the principles that underpin democracy.

Amendment 148A addresses the impact of the Bill on the community and voluntary sectors. I am sure we all recognise that these organisations provide vital support to those most affected by crime, whether they are victims or offenders, and often they are the backbone of effective rehabilitation in the community. The Bill’s provisions will place new and substantial demands on those services, and without proper oversight we risk overwhelming the charities, community groups and voluntary agencies tasked with delivering critical interventions. Many of the arguments made in support of Amendments 84 and 85 apply to this amendment too. It would require the Government, within 12 months of commencement, to publish an assessment of the Bill’s impact on the sector. Again, that is not some bureaucratic nicety but a matter of transparency and fairness.

We cannot turn a blind eye to the practical realities on the ground. To accept this amendment is to place evidence and accountability at the forefront of this information. We owe that to this sector and the wider public. Therefore, I beg to move.

[Baroness Hamwee (LD)]

My Lords, I want to say a word about Amendment 84 on sentencing remarks. I was proposing to leave it until the Victims and Courts Bill, but this gives me an initial run at it, as it were. I am glad to have the opportunity to ask the Minister for an update on the MoJ’s work on this. At a 3 September meeting of the Constitution Committee, of which I am a member, I asked the then Lord Chancellor about progress in this area. She said:

“I do not believe we are far from having a tech solution that meets the test of accuracy … we are testing market solutions for speed and accuracy. Then we will need to take a view on operational viability and how quickly it could be rolled out”.


She said:

“It is a long process, and it has a cost attached to it”,


but went on to emphasise that

“accuracy … is the problem at the moment”.

If the Minister could update the Committee, that would be very welcome. The point in general is not only about sentencing remarks. My honourable friend for Richmond Park has been pursuing the matter of transcripts. She realises that this is important not only with sentencing remarks but with full transcripts of trials—victims, if that is a word I can use, when there has been a not guilty finding, need help to understand what has happened. As the noble Lord has said, access after the event, to go back and look to see what was said, is very important. None of us relies on our memory—we all look at Hansard, for instance. The publication within two sitting days may be overambitious, when I look at what the Lord Chancellor said—but then she has perhaps not met our Hansard writers, who do it in much less than two days.

Sentencing Bill

Debate between Lord Keen of Elie and Baroness Hamwee

Committee stage
Wednesday 26th November 2025 Lords Chamber

[Baroness Hamwee (LD)]

My Lords, my noble friend Lord Marks of Henley-on-Thames has added his name to this amendment, which would ensure that sentencing guidelines

“provide that domestic abuse is an aggravating factor”.

Clause 6 puts into statute a provision that if the court is passing a sentence and

“is of the view that the offence involved domestic abuse carried out by the offender”,

then the court must state that. This clause is a very important acknowledgement of offences involving domestic abuse. My honourable friend the Member for Eastbourne played no small part in getting this on to the statute book.

Enabling the understanding of offences involving domestic abuse is important, generally and for the victim. I assume that the court being required to state that the offence involved domestic abuse will better enable the MoJ to keep data about this. I do not know whether the Minister will be able to confirm that or, at any rate, note the point that keeping data is important. We are going at little more than a snail’s pace in recognising domestic abuse; it is quite laborious achieving each step. I doubt I need to elaborate on this to noble Lords, but it is important for the victim to have not just a general recognition, but something which is official, stated by the court, of what they have gone through and what underlies it. That is of great significance to the individual.

However, simply providing for findings of domestic abuse provoked the question: and then what? Amendment 46 is intended to provide the answer by putting the matter into sentencing guidelines as an aggravating factor. I believe that the commission of an offence in the domestic context is already an aggravating factor under the sentencing guidelines, with which I struggled over the weekend. However, domestic abuse is more than context. I think the MoJ must accept that, otherwise new Section 56A would refer to domestic context, not domestic abuse. It is important; as people say, you cannot deal with what you cannot name. I beg to move.

[Lord Keen of Elie (Con)]

My Lords, I speak briefly to Amendment 46 in the name of the noble Baroness, Lady Hamwee. As I read it, the amendment seeks to treat domestic abuse as an aggravating factor when determining all sentencing. Of course domestic abuse is a serious pervasive crime and it clearly has profound long-term impacts on its victims. This amendment appears to promote some degree of clarity and consistency, and, indeed, fairness in sentencing. It would ensure that the courts can take full account of both the nature and the impact of domestic abuse when deciding on an appropriate sentence. I look forward to hearing the Minister’s views on it.