Sentencing Bill

Debate between Lord Timpson and Lord Sandhurst

Wednesday 3rd December 2025 Lords Chamber

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

My Lords, Amendment 120 is in my name. I will also speak to Amendments 123 and 124 in my name. These three amendments are minor and technical, and we have tabled them as small but necessary changes to ensure that the Bill functions as intended. I begin by explaining the changes to Clause 29 through Amendment 120. This is a necessary technical amendment which ensures that the new automatic release from recall regime is integrated into the legislative framework and functions as needed. The changes to Clause 34, through Amendments 123 and 124, are also technical. They update cross-references so that existing powers which allow the Secretary of State to amend the number of hours specified in an unpaid work requirement continue to function correctly in light of the amendments made by Clause 34. I beg to move.

[Lord Sandhurst (Con)]

I thank the Minister for his series of drafting amendments, which seek to tidy up the language and cross-references in the Bill. We on these Benches do not oppose the amendments, which will make things clearer for anyone reading the Bill in future.

[Lord Timpson (Lab)]

I thank the noble Lord for his view on these minor and consequential amendments.

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[Lord Sandhurst (Con)]

My Lords, I will speak briefly to Amendment 122, in the name of the noble Lord, Lord Marks of Henley-on-Thames, which concerns the power of the Probation Service to vary residence requirements and associated conditions of supervision.

I begin by saying that we on these Benches appreciate the intention behind the amendment. The ability to move an offender from one address to another, particularly where there is a risk to a partner, former partner or family member, is plainly necessary in some circumstances. The Probation Service must have the tools to protect victims and to manage offenders effectively. This amendment seeks to provide a clearer statutory framework for doing so.

The amendment rightly provides that, where the Probation Service makes any such variation, it must return to the sentencing court for approval within 14 days of the confirmation. That is an important safeguard; the offender, the interested parties and the court must all be properly kept in the picture. However, we would welcome greater clarity from the Minister on how, in practice, the Probation Service would assess necessity, ensure proportionality and manage the additional administrative and supervisory burdens that such powers might create. Probation must also be properly resourced and supported.

We are also mindful that changing an offender’s residence could have profound consequences, not only for supervision and risk management but for the offender himself, in the form of employment, family ties and wider stability that underpins rehabilitation. The threshold for such a direction must therefore be robust, evidence-based and truly transparent.

In that spirit, I hope the Minister can reassure the Committee that the objectives behind this amendment—protecting victims and enabling better offender management—are achievable within existing powers, or, if not, that the Government will consider whether a more tightly defined mechanism might be appropriate. We are grateful to the noble Lord for raising these issues, and we look forward to hearing the Government’s response.

[Lord Timpson (Lab)]

My Lords, it is, and should remain, the role of the court in sentencing to determine the requirements that should apply to a particular community sentence and how they are varied. As the noble Lord, Lord Marks, set out, it is vital that risk is managed quickly and effectively. This is particularly important in cases where, for example, domestic abuse is of concern.

Where an individual has been sentenced to a community or suspended sentence, probation practitioners undertake comprehensive assessments to ensure that risk is identified throughout an order and managed early. This means that they can take appropriate action to respond to that risk, ensuring offenders are monitored effectively. This includes applying to the court, where appropriate, which has powers to vary the requirements of a sentence, including the powers to revoke a community order and to resentence, where it would be in the interests of justice.

We are creating a new domestic abuse flag at sentencing so that domestic abusers are more consistently identified. This helps prison and probation services manage offenders effectively and ensures that victims are better protected. Before making a relevant order containing a residency requirement, the court must consider the home surroundings of the offender.

The court can already give probation the power to approve a change of residence when requested by the offender—for example, where an offender would like to move closer to where they were undertaking a programme or to their place of employment. Offenders released on licence from a custodial sentence can already be required to comply with residence obligations. These can be varied as required, either by probation or the Parole Board, as appropriate, depending on the offender’s sentence.

To be clear, if an offender fails to comply with the terms and conditions of an order, they can be returned to court to face further penalties, including custody. I hope the noble Lord will agree that there are sufficient existing processes in place, and I urge him to withdraw his amendment.

Sentencing Bill

Debate between Lord Timpson and Lord Sandhurst

Wednesday 3rd December 2025 Lords Chamber

[Lord Sandhurst (Con)]

We are saying that the relevant technology has to be available for this to work. It might be that it could be done on a regional basis, but the important thing is that it is not introduced somewhere where there is not the ability to make it work.

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

I would like to begin by thanking noble Lords for giving the Committee the opportunity to debate the capacity of the criminal justice system. I must of course start by saying that this Bill is a necessary step towards ensuring that we have a sustainable justice system.

I turn first to Amendment 88, tabled by the noble Lord, Lord Foster of Bath. I reassure noble Lords that this Government are committed to greater transparency on prison capacity. We showed this by publishing the first annual statement last December, and we will shortly publish the 2025 edition. However, setting the timing of publication and the content of the report in primary legislation would create unnecessary rigidity. Our goal is to increase transparency without compromising flexibility.

I now turn to the amendments that address the issue of capacity within the Probation Service. I am pleased that this gives me another opportunity to pay tribute to our incredible probation staff, who work tirelessly to keep the public safe. I am proud to be their colleague.

I begin by recognising the close interest of probation trade unions in Amendment 134, tabled by my noble friend Lord Woodley. I greatly value our ongoing engagement and meaningful consultations; their input will continue to inform our approach. I also thank my noble friend for mentioning the two horrendous attacks on our probation staff in Preston and Oxford. These are fine public servants who turn up to work to protect the public; they, and all probation staff, should not be in fear of their safety. I send both my colleagues best wishes for their recovery.

We recognise HM Inspectorate of Probation as a key stakeholder and value its involvement in implementing the provisions of this Bill, but it is important to preserve its independence as an inspectorate. This amendment risks shifting the inspectorate towards a regulatory role, compromising its independent scrutiny.

While we are sympathetic to Amendment 139A, we fear it would duplicate existing reporting mechanisms and risk delaying measures in the Bill that would themselves improve probation capacity. We already have strong and independent scrutiny, and ensure transparency on probation case loads and staffing through various publications. For example, HMPPS publishes quarterly reports covering probation staffing and case loads.

As the noble Baroness, Lady Jones, noted, the National Audit Office has conducted a thorough analysis of probation capacity, and this is informing a Public Accounts Committee inquiry. However, a further statutory reporting requirement, particularly one imposed within three months of Royal Assent, would duplicate existing processes and divert resources away from implementation and capacity building. Thanks to the established analysis and reporting processes, we are clear about the challenges facing the Probation Service, and, thanks to the detailed picture on capacity that this data gives us, we are taking swift, targeted action.

As the noble Lord, Lord Foster, correctly predicted, I can inform noble Lords that we are recruiting an additional 1,300 trainee probation officers by March next year and are working hard to retain experienced officers. We are also investing up to £700 million by the final year of the spending review. While the detailed allocations of that money are still to be finalised, I reiterate that my priorities are clear: more people in post, digital investment that saves time and tools for probation to use.

We are starting to see the benefits of an initial £8 million investment in new technology, including an initiative called Justice Transcribe. This cutting-edge AI tool has cut note-taking admin time by around 50%, with outstanding user satisfaction scores. I have heard that probation officers are describing it as life-changing. Furthermore, many of the measures in this Bill will have a positive impact on probation capacity. Delaying these essential reforms while we undertake work proposed by the amendment would not be helpful for our front-line staff.

Amendment 137 speaks to a similar concern about the case loads that our hard-working probation officers manage on a daily basis. While I understand the intent behind this amendment, it is important to recognise that not all probation cases are the same. Imposing a fixed case load limit would not account for these variations; it would make it difficult to manage workloads effectively across the service, it would reduce organisational flexibility and it could undermine the professional autonomy and judgment of our valued practitioners and managers. These top-down limits could therefore potentially lead to unintended delays and bottlenecks, and would serve only to mask the capacity problems I am working to resolve.

On Amendment 119, I reassure the noble Lord, Lord Marks, and the noble Baroness, Lady Hamwee, that the Probation Service already uses digital systems to effectively manage those under probation supervision, but there is a lot more to do here, especially using AI. I believe that its potential is massive.

I thank the noble Lord and the noble Baroness for Amendments 153 and 154, which give me the chance to discuss one of my favourite subjects: the rehabilitation of offenders. Supporting offenders to rehabilitate and stopping the cycle of reoffending is a vital part of ensuring that the new restrictive conditions protect victims. All restrictive measures must accommodate rehabilitative aims such as employment. That way, we will better protect not just a single victim but all victims. So, where there is a rehabilitative purpose, such as driving for employment, practitioners will have the ability to grant permission for this. Restriction zones will be developed to ensure that an offender can access rehabilitative activities, including employment, while, of course, also considering the victim’s needs.

Electronic monitoring is the subject of Amendment 155, in the names of the noble Lord, Lord Sandhurst, and the noble and learned Lord, Lord Keen, and Amendments 93D and 110ZB, in the name of the noble Lord, Lord Foster. This is a vital tool for managing offenders in the community, and there will be a significant uplift in tagging alongside the provisions in this Bill. Where appropriate, electronic monitoring will be applied to support monitoring and compliance with restriction zones. When a restriction zone is not electronically monitored, the Probation Service will monitor offenders’ behaviour and any potential breach. They will have a suite of options available to them to respond to breaches if they identify that offenders have not complied—for example, through police intelligence or victim concerns. Our professionally trained staff are experts in this specialist work, but we do not feel that a report on the practicality of enforcing restriction zones is necessary.

I am grateful to the noble Baroness, Lady Hamwee, for her Amendment 93E. We share the ambition of ensuring that time in custody is used productively to reduce reoffending. Every prison has a legal duty to provide education. This is monitored through the annual HMIP report, regular Ofsted inspections and published prison education statistics. Therefore, a statutory requirement is not necessary. I reassure the noble Baroness that I look at the data regularly, and I challenge it when I am not content.

Lastly, I turn to Amendment 93 and remind noble Lords that we inherited a justice system in crisis, with a court backlog at record levels and rising, and victims waiting years for justice. We have already taken action to tackle court backlogs and improve court productivity. For this financial year, we are funding a record 111,250 Crown Court sitting days to deliver swifter justice for victims—over 5,000 more than the previous Government funded last year. This will mean that more trials and hearings can be heard, tackling the backlog of cases. However, even at maximum capacity, sitting days alone cannot solve the backlog. We need to do things differently. This is why we need fundamental reform, not piecemeal measures.

The previous Lord Chancellor commissioned Sir Brian Leveson to lead an independent review of the criminal courts. We are considering its recommendations carefully before legislating where necessary. This amendment seeks to require an assessment of introducing uncapped Crown Court sitting days for sentencing hearings. However, listing decisions are a judicial function, not an executive one. It is essential to preserve judicial independence in managing court business. Introducing a statutory requirement in this area could be seen as government influencing judicial listing decisions, which would compromise that principle.

I am grateful to noble Lords for bearing with me. I hope I have reassured them about the seriousness with which this Government are taking the issue of capacity. I reiterate my offer to meet with noble Lords before Report.

Finally, I thank the noble Lord, Lord Foster of Bath, who has spotted a drafting error in the Bill and sought to correct it through Amendment 103. He clearly has a bright future in legislative drafting ahead of him. I confirm that the Government accept that this amendment is needed and will not oppose it if the noble Lord wishes to move it formally.

Sentencing Bill

Debate between Lord Timpson and Lord Sandhurst

Committee stage
Monday 1st December 2025 Lords Chamber

[Lord Sandhurst (Con)]

My Lords, I am grateful for the opportunity to introduce the second day of Committee on the Sentencing Bill. Amendment 51, in my name and that of my noble and learned friend Lord Keen of Elie, proposes a targeted and necessary change to Schedule 21 to the Sentencing Act, dealing with the Sentencing Code. Its purpose is straightforward: to ensure that, where a police or prison officer is murdered because of or in retaliation for their current or former duties, that murder automatically falls within the highest sentencing category—that is, one where a whole-life order is available and, ordinarily, appropriate.

At present, Schedule 21 refers to murders committed “in the course of” the victim’s duty. Those words are too narrow. We suggest that the provision was intended to capture the most egregious attacks on those who serve the public in roles that inherently expose them to danger. However, the phrase

“in the course of … duty”

in the statute has, in practice, been interpreted by the courts in a restrictive manner, excluding cases where an officer is murdered because of, in retaliation for or in consequence of their earlier performance of their official duties—for example, when a murder takes place a while later, after service has ended.

This amendment would correct that anomaly by inserting the essential clarification that, where the motivation for the murder is connected to the officer’s current or former duties, the case will fall within the highest sentencing category. That is legally coherent and morally necessary. Motive is already a well-recognised component of sentencing. It is taken into account in terrorism offences, hate crimes, witness intimidation and organised crime retaliation. It is therefore entirely consistent with the existing principle that the deliberate targeting of an officer because he or she carried out their duty should be regarded as an aggravating feature of the utmost severity.

This amendment would not create a new offence. It would not broaden the law on homicide or interfere with the Law Commission’s wider review. With precision and exclusively, it would ensure that the statutory scheme reflects Parliament’s clear and settled understanding that to murder a police officer or prison officer simply for having done their job is among the gravest crimes known to our law.

Let me speak plainly. We have seen the consequences of the existing drafting. The tragic case of former prison officer Lenny Scott revealed the gap starkly. Lenny Scott, whose widow and father I and others met last week, carried out his duties with integrity in HM Prison Altcourse, Liverpool. In March 2020, he discovered an illegal phone in the hands of a prisoner. He was offered but refused a bribe to turn a blind eye. He duly reported it, and, as a result, not only was the prisoner discovered to have had a phone but it was discovered that he had been having an affair with a woman prison officer—which was pretty serious, if you think about it. For that simple act of professionalism, Lenny received explicit threats at the time that he would be seen to. Those threats were graphic. They contained details about the appearance of his twin boys, who were no older than six years old.

Some years later, on 8 February 2024, after Lenny had left the Prison Service, those threats were put into practice. He was hunted down and murdered—shot as he left a gym class, in a planned act of revenge. It was a murder directly and unequivocally connected to the past performance of his duties. This was a gangland execution intended to punish Lenny for doing his duty and not giving way to what had been asked of him, and to terrify and intimidate other prison officers into doing gangsters’ bidding in the future. Because this crime did not occur in the course of his duty but a couple of years later, the statutory framework failed to treat it as the kind of murder for which Parliament provides the highest penalty and the judge therefore did not pass a whole-life order. This is a clear loophole in the legislation, and I look to the Minister to put it right. How many more Lennies will there be?

Serving officers in prisons and in the police force must know that there is the added protection of whole-life-order deterrence after they have left as well as when they are in active service. How many serving or former officers walk our streets knowing that they will remain potential targets long after they take off the uniform, and knowing that under the law as presently interpreted, their killers may not face the penalty that Parliament intended for those who attack innocent public servants?

We cannot undo the tragedy that happened to Lenny Scott and his family, nor repair the pain, but we can ensure that the law is changed. We can ensure that the sentencing framework recognises that the risks to officers do not end when their shift finishes and certainly do not disappear when they have left the force. When a murder is motivated and driven by the officer’s service, the seriousness, risk and moral culpability are exactly the same. This is a plain gap in the legislation as currently drafted, and it must be closed immediately.

It is very disappointing that this amendment was opposed by the Government on Report in the other place. The Conservatives and the Liberal Democrats together were in rare agreement on this amendment. I urge the Minister not to oppose it.

This amendment is modest in drafting but deep in its importance. It transcends political fault lines. I suggest that there is no reason why any noble Lords should oppose it. It simply makes no sense that a whole-life order can be imposed for the murder of a prison officer while he is a serving prison officer and while he is at work, but not if he is killed on the weekend with his family. This amendment would restore coherence to the statutory scheme and protects those who seek to protect us. I commend it to the Committee.

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

My Lords, it is a great honour to have the opportunity to speak for the Government during the second day in Committee on the Sentencing Bill. I am grateful to the noble and learned Lord, Lord Keen, and the noble Lord, Lord Sandhurst, for drawing attention to this important topic, which I have carefully considered.

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[Lord Timpson (Lab)]

What happened to Lenny Scott is absolutely appalling, and we need to ensure that we do all we can so that no other prison officers, or previously serving prison officers, have the same fate. We want to work with the Law Commission and to take away the points raised by the noble Lord to discuss them with colleagues. What is important is that we ensure that the public are protected from the people who commit these terrible crimes.

[Lord Sandhurst (Con)]

My Lords, I shall be reasonably brief. Amendment 51 is simple, precise and entirely consistent with established principles of sentencing. It does not create a new offence and, with respect, it does not pre-empt the Law Commission’s broader review. Instead, it addresses a real gap—and, with respect, we do not need the Law Commission to decide whether there is a gap here. Prison officers in particular need this protection. We have seen the tragic consequences, and this is the sort of threat that we are likely to see more of, not less.

We look to the Minister for assurances on this. Otherwise, it will come back on Report. It must be accepted that murdering a police officer or prison officer because of or in the course of their duty is one of the gravest crimes imaginable. The law should reflect this, not simply to punish but to deter. It must deal with and deter against calculated acts of revenge against former officers. Gangland people will learn about this. It will get about in prison. They will know. It will go down the network.

This amendment is significant for the men and women who carry out with integrity the difficult and demanding work of protecting our streets and looking after—I use that phrase advisedly—the prisoners under their care. It is important that we reassure and encourage them. We want the best people to serve in our prisons. We do not want recruitment to be handicapped. What message will it send out if the Government say, “Oh well, if you’re shot down two years later, that doesn’t count. We’ve got to hope that the judge gets it right”? We must provide the right protections throughout the careers of these officers and beyond. We have the opportunity today to close that gap.

I beg leave to withdraw the amendment for now, but it remains very much on the table.

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[Lord Timpson (Lab)]

I thank the noble Baroness. That is very interesting, and I will take it back to the department.

[Lord Sandhurst (Con)]

My Lords, I am grateful for the explanation given by the Minister, but the issues at stake here are not theoretical; they are practical questions about how these conditions will actually work. Will they be real, meaningful and enforceable? The Government have repeatedly asserted confidence in suspended sentences and the expanded use of community-based requirements. If that confidence is well placed, these amendments should be entirely uncontroversial; they do nothing more than ensure that what is ordered by a judge can be delivered in reality.

We are not seeking to impose obligations to enforce on the licensee of a public house, for example, but they should know so that they are then free to pass the information on to the police or the Probation Service, because they will not want someone there who is the subject of an order. It will be a public house order, for example, because the offender has a particular issue with behaviour in such places—so too with football grounds or other specified events. The host, if that is the right word, should be informed and should know that a particular individual, if recognised, should not be on his premises and can be turned away.

The noble Baroness, Lady Fox, with her usual acuity, pointed to the civil liberty aspects of this as well. I will not embark on those, but she also identified practical and policy issues underlying these provisions in Clauses 13 to 16. We on these Benches suggest that these amendments insert a simple and reasonable test. They do not impose a condition unless compliance can realistically be monitored in practice by the Probation Service, and the Probation Service will need help from the hosts. It is not radical to say that orders issued by a court should carry weight. A prohibition that in practice cannot and will not be checked is not a deterrent. A restriction that cannot and will not be enforced is not a restriction. Without these safeguards, we will create orders that are performative rather than protective. They will offer only the illusion of safety to communities and to victims.

The Government themselves use this precise standard when justifying reforms elsewhere in the Bill—for example, removing rehabilitative activity days because the system “did not operate effectively in practice”. The provisions in Clauses 13 to 16, if they are to be enforced, must be enforceable in practice and must be effective. If a condition is imposed but nobody has a duty to enforce it, it is not a condition at all. The Probation Service is not going to have time to run around the pubs, football grounds and so on; it is going to have to rely on information from other people.

These amendments would simply ensure that the supervising authority has responsibility for enforcement and is given the means to do so, rather than the vague hope that somebody may intervene if they happen to notice a breach. Without this duty, we repeat here that the failures seen with criminal behaviour orders and football banning orders, where thousands of breaches each year go unpursued and offenders learn that compliance is optional, will be repeated. Public confidence will not be restored by rhetoric; in fact, it will be damaged. It will be damaged by visible consequences, namely failures to enforce.

The Government propose to release more offenders into the community under suspended and community-based regimes. That is a political choice. Having chosen that path, they must choose the responsibility to ensure that it works and that it is safe. We should not be asking the British Government to accept greater risk while refusing the safeguards that would mitigate that risk. Ministers who believe that this strategy will reduce reoffending should have no objection to tests of practicability, enforcement duties and notification requirements. To oppose these amendments, they must be justified as to why they will be unenforceable, unmonitored, unaccountable conditions. That is a hard case to make to the victims, to police officers on the street or to the public whose safety is being traded away.

The amendments we put forward are not obstructive but supportive. They would help, indeed allow, the Government’s policy to function in the real world, not just on the printed page. If we are to put offenders back in the community who might not otherwise have been there—indeed, probably would not have been—the very least we owe the public is confidence that these conditions will be monitored and enforced, so I urge the Government to look again at these amendments and to reflect. For now, I beg leave to withdraw.

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[Lord Sandhurst (Con)]

My Lords, I thank the noble Lord, Lord Foster of Bath, for moving his amendment. Providing care for individuals with addictions, gambling in particular, should be a fundamental role of a national health service, and we support his aims.

As the noble Lord explained, gambling addiction is a chronic issue across this country. Roughly 2.8% of all adults are engaged in at-risk or problem gambling—a huge number of people either in need of, or at risk of needing, support services. His amendments highlight this issue and the need for our services properly to address gambling addiction.

We support the sentiment behind the approach to general addiction recovery services of the noble Lord, Lord Brooke of Alverthorpe. Often, individuals with addiction either cannot or do not want to accept recovery services. To introduce a requirement to engage with services would serve those people. This is particularly the case in prisons. Last year, there were almost 50,000 adults in recovery in alcohol and drug treatment centres in prison and secure settings. Almost 60% of those individuals were undergoing treatment for crack or opiates. That 60% comprises vulnerable individuals being treated for misuse of the hardest substances.

The principle behind Amendments 131 to 133, from the noble Lord, Lord Foster of Bath, clearly reflects the reality of the situation. We heard an interesting proposal from the noble Lord, which merits consideration. We also heard an interesting speech from the noble Lord, Lord Ponsonby of Shulbrede, who of course has great experience as a Minister in this field. We remain, however, not fully convinced that this group of amendments would have the desired effect.

There is a large question mark hovering over the whole Bill: the general enforceability of the new orders it introduces. We have explained that we do not agree with the decision to suspend sentences under 18 months—that is, 18 months because the Government have opposed our guilty plea amendment—but if the Government are to make this all work, the new orders they impose have to be effective. As I have said before, we are not convinced that they will be.

As I have already argued, the Government’s new drinking establishment entry prohibition requirement realistically is unenforceable. Public event attendance is too vague and too broad. The Government’s approach to new orders is largely deficient. We do not think they should be taking on new responsibilities, even if there is a need for them, as is the case with gambling addiction, when they have demonstrated an incapacity to plan for the existing responsibilities that are being imposed.

The onus, therefore, is on the Government to demonstrate that the noble Lord’s well-intentioned amendments can be accepted, if possible, and then implemented. We would like this to be the case, but only if possible. Gambling addiction and addiction in general require attention from our state, but the state must first prove itself competent. We look forward to hearing the Minister’s response.

[Lord Timpson (Lab)]

My Lords, I thank noble Lords for sharing their views and tabling these amendments, which raise important issues around tackling gambling harms and the harms caused by other addictions. Just last week I met a prisoner at HMP Wormwood Scrubs whose life have been devastated by gambling harm. Although the data on gambling is limited, I understand that this is an important issue impacting the lives of offenders and their families.

Amendments 70 and 78 would introduce new community order requirements: one prohibiting an offender from entering a gambling establishment, and one introducing a mandatory treatment requirement. I wholeheartedly share the commitment of the noble Lord, Lord Foster, to supporting offenders whose lives are impacted by gambling. I assure noble Lords that courts already have the power to prohibit offenders serving a community or suspended sentence from entering gambling premises. They can do this through a prohibited activity requirement.

However, I reassure the noble Lord that we will continue to keep the menu of community requirements under close review. Clause 17 introduces a power to add or amend community requirements using secondary legislation. This will provide further flexibility to ensure that the framework is kept relevant to the offending behaviour.

The amendments tabled by the noble Lord, Lord Foster, and my noble friend Lord Brooke, and supported by my noble friend Lord Ponsonby, speak to the wider issue of how the criminal justice system can support and treat those whose offending is driven by addiction or mental health needs. I know this issue is close to noble Lords’ hearts and I agree completely that alongside effective punishment we have a duty to rehabilitate offenders with gambling addictions and other needs. We must provide them with the right support throughout the criminal justice system to rebuild their lives. I hope it will help your Lordships for me to set out the ways in which we are already doing so.

Pre-sentence reports help the court identify underlying issues such as harmful gambling, mental ill-health and addiction, which may influence offending behaviour. Mental health conditions and addictions can be considered at sentencing where they are relevant to the offence or the offender’s culpability. Courts are encouraged to take an individualised approach, particularly where the condition contributes to someone’s offending. Where appropriate, courts may consider mental health treatment requirements, funded by NHS England as part of a community or suspended sentence order, where mental health has been identified as an underlying factor. The use of these requirements has increased significantly in recent years.

Alongside this, HMPPS delivers a broad range of rehabilitative interventions through probation, which can help address wider gambling-related harms. This includes support with thinking and behaviour, homelessness or unemployment. We also work closely with health partners to ensure that pathways to treatment and recovery services are accessible for offenders and aligned with prison and probation services. This includes increasing the use and effectiveness of mental health, alcohol and drug treatment requirements as part of community and suspended sentences.

For those in prison, there is already a statutory duty for prison governors to provide health services in custody, with our approach guided by the principle of equivalence of care to patients in the community. We are ensuring that prison leavers remain in treatment on release by strengthening links to prison, probation and treatment providers.

Finally, support for those with gambling-related harms in the criminal justice system will be bolstered by funding from the statutory gambling levy. The Government have committed to publishing an annual report on the progress of this. I will also reach out to representatives in the gambling industry and will look to host a round table with them next year to better understand the impacts of gambling harm and what more we can do.

The noble Lord, Lord Foster of Bath, also tabled Amendment 108, which would give new powers to set licence conditions prohibiting offenders from entering a gambling establishment. I want to be clear that the provisions in Clause 24 will support our aim to give practitioners a full range of tools to manage and support offenders. Existing powers enable probation to set additional licence conditions related to gambling, including prohibiting offenders on licence from gambling or making payments for other games of chance.

Probation also has an existing power to request an additional licence condition, directing offenders to undertake activities to address their gambling activities, where necessary and proportionate to their risk. HMPPS delivers a broad range of rehabilitative interventions through probation, which can help address wider gambling-related harms. We will be looking at issuing operational guidance to practitioners on effective usage of gambling-related licence conditions, alongside implementation of the new conditions set out in Clause 24. I would very much like to harness the considerable expertise of the noble Lord, Lord Foster, on this topic. I hope that he will be keen to work with me and my officials as this work develop0s.

Finally, I thank my noble friend Lord Bach for his Amendment 101. I reassure him that probation practitioners carefully consider what licence conditions to recommend as part of their supervision and management of an offender. They can tailor conditions to the specific needs of the offender, in line with managing public protection.

Although there is no formal process for representations, this is not considered to be necessary. Probation practitioners draw on a range of information when applying licence conditions and discuss conditions with offenders as part of release planning. They must ensure that licence conditions are necessary and proportionate, and they can grant necessary exemptions to licence conditions for rehabilitative purposes. This will be the same for the new conditions.

I repeat my thanks to noble Lords for allowing the Committee to debate these important subjects, but I hope I have explained why the Government do not agree that these amendments are necessary. I urge the noble Lord to withdraw his amendment.

Prisoner Releases in Error

Debate between Lord Timpson and Lord Sandhurst

Thursday 13th November 2025 Lords Chamber

[Lord Timpson (Lab)]

My noble friend is right that we have an opportunity to simplify and make more accurate decisions in the justice system. We have to grasp this, and we have to grasp it quickly. AI is one of the most important factors that we need to embrace. My noble friend is right that we need to ensure that we do the procurement process correctly and that we do not take so much time that we miss the opportunity. I have been fortunate to work with a number of colleagues within the Ministry of Justice who are AI experts. In fact, in meetings I have, people ask for the AI team on probably a far too regular basis thinking it is going to solve lots of problems. Essentially, when you have multiple bits of paperwork and staff in the offender management unit are literally dealing with boxes and boxes of paperwork, it is unfair to expect them to get it accurate 100% of the time. I would like to walk into an offender management unit and see computer screens rather than boxes of paperwork. One of the things that I have been interested in, coming from a business environment into government, is the opportunities across government for embracing AI—I think we will end up delivering much better public services as a result.

[Lord Sandhurst (Con)]

My Lord, we heard that, in the seven months April to October this year, there have been 91 mistaken releases, which is 13 a month. How many of those 91 had been convicted of sexual or domestic abuse offences and whose victims would have been unaware that they were now loose?

[Lord Timpson (Lab)]

I will not be giving a running commentary on the numbers, but we will be publishing the breakdown of all that detail in the normal way in July next year. It is important to recognise that 91 released in error is too many. We need to learn from what Dame Lynne Owen’s review finds out and act upon it, but we also need to get going now. That is what we have done. We have had the first board meeting of the justice performance board. We have set up the urgent warrant query unit, which is going to be helpful because we recognise that is where a number of the issues occur. The digital rapid response unit has gone into Wandsworth and—this is where the AI element comes in—it has already recognised that there are four common points of failure that it thinks AI will significantly help, although it will not help all those issues. We have an awful lot to do, and it is a challenge I am looking forward to embracing.

Accidental Prison Releases

Debate between Lord Timpson and Lord Sandhurst

Monday 10th November 2025 Lords Chamber

[Lord Timpson (Lab)]

I thank my noble friend. The checklists that we have made more robust are the same checklists across all prisons, but the number of releases per prison varies dramatically. HMP Gartree averages two releases a year, whereas, as I previously said, in Wandsworth it is 2,000. That is why the digital team last week went into HMP Wandsworth, to look at opportunities for some quick fixes to embrace digital technology.

The AI team went in and, to give a couple of examples, they thought that an AI chatbot would be really helpful, along with a cross-referencing for aliases, because we know some offenders have more than 20 aliases. We have given the team the green light to get on with examples like that.

The noble Lord is exactly right that this is about how we deal with this information, and how we make sure it is accurate when we are dealing with often very complex people in a very complex situation.

[Lord Sandhurst (Con)]

Further to that answer, can the Minister confirm how many prisons still rely on manual, rather than digital, release date calculations, why that is so and what plans there are to move to a digital system?

[Lord Timpson (Lab)]

The process is a mixture of paperwork and computers and digital. In an offender management unit, there are literally boxes and boxes of paperwork, all over desks and on the floor, that follow offenders around the various prisons that they go to.

My and the team’s solution is very much digitally based, but we need to make sure we link that across the whole justice system, and the Home Office as well, because a number of the errors can be caused not just in the prison but in the courts too. So, longer term, it has got to be right that we look at a digital solution across the whole justice sector.

IPP Sentences

Debate between Lord Timpson and Lord Sandhurst

Monday 15th September 2025 Lords Chamber

[Lord Timpson (Lab)]

The Sentencing Bill implements the independent sentencing review. IPPs were not in scope of that review because it focused on sentences that are still on the statute books. I do not want to repeat myself, but the IPP action plan is the best way to prepare those people for release. I am really pleased that the noble Lord and others enjoyed the visit to HMP Belmarsh on Thursday; we had a really good opportunity to meet a number of prisoners, including an IPP prisoner.

What is also important, as the noble Lord mentioned, is our Probation Service. It is where the heaving lifting in the justice system is done, which is why I am proud that we are increasing the funding for probation by £700 million—a 45% increase.

[Lord Sandhurst (Con)]

My Lords, the current system is failing both prisoners and the public. It keeps prisoners in indefinite limbo, as we saw on our visit to HMP Belmarsh last week. It offers no clear route to safer release. My question is specific: what is wrong with the proposal for a two-year conditional release process?

[Lord Timpson (Lab)]

I thank the noble Lord for his question and for coming along on Thursday. The Parole Board is the best body to decide who is safe to be released, because public protection is our priority. If we went with the Howard League’s suggestion, it would mean people being released without their risk being assessed, which is not something that we are prepared to do.

Prisons: Mothers and Babies

Debate between Lord Timpson and Lord Sandhurst

Monday 7th July 2025 Lords Chamber

[Lord Timpson (Lab)]

The general rule is that babies can stay with mothers in prison for up to 18 months, but there is flexibility so they can stay longer if required. It is really important that when women leave prison with their babies, they have somewhere to live and a wraparound support network. That is why it is important that we give them a soft landing when they leave prison. This is where probation comes in and where the £700 million in extra funding that we have will be really important to make sure that we get that first night accommodation, because we do not want anybody leaving prison with no fixed abode.

[Lord Sandhurst (Con)]

My Lords, the Prison Reform Trust’s 2025 report found that two-thirds of mother and baby units are operating above safe capacity. Can the Minister confirm how many mothers are currently held in standard, non-MBU prison accommodation with infants due to those shortages? What urgent steps are being taken to address this?

[Lord Timpson (Lab)]

Having been chair of the Prison Reform Trust, I should know the details of that question, but I do not have them to hand so I will write to the noble Lord with the exact details. It is really important that we keep monitoring what happens in mother and baby units, because the children are our priority. We need to make sure that mum and baby leave there in a very safe way.

Sentencing Guidelines (Pre-sentence Reports) Bill

Debate between Lord Timpson and Lord Sandhurst

Committee stage
Monday 19th May 2025 Grand Committee

[Lord Sandhurst (Con)]

My Lords, I did not speak at Second Reading and for that I apologise. On this side of the Committee, we support the direction of travel of this Bill. We agree and endorse the principle that all those before the criminal courts should be treated equally and without special treatment. We have heard, however, compelling arguments from the noble and learned Lord, Lord Burnett, and other speakers about the difficulties with the drafting of this Bill and the way it is framed.

What I will say about the amendments is on the basis that, while we support the purpose of the Bill and in particular stand by our amendments in the third group—we believe they will bring to Parliament its proper role when it comes to guidelines—we see that there are issues with the terms to which these amendments are directed. Having said that, I can deal quite quickly with the amendments, without any disrespect to those who have spoken in support of them.

We believe that Amendment 1, from the noble Baroness, Lady Chakrabarti, would detract from the Bill. We refer to our amendments in the third group and say that what is contained there would enable Parliament to address the points the noble Baroness made in practice. Similar arguments apply to Amendment 3, tabled by the noble Baroness, Lady Hamwee. We do not favour this amendment and believe it goes too far in reversing the purpose of the Bill. We listened with great respect, as I have already said, to the arguments advanced by the noble and learned Lord, Lord Burnett, which we think have great force. We can see that there could be unforeseen and unintended—perhaps they are foreseen, but they are certainly unintended—adverse consequences. With this and the other amendments, we await with interest what the Minister has to say in reply.

We would make similar observations in respect of Amendment 4, from the noble Lord, Lord Marks, and Amendment 5, which we believe, to the extent that it adds to the Bill, detracts from its message and is a move in the wrong direction. On Amendment 6, again from the noble Lord, Lord Marks, we advance the same reasons as we have done in respect of the other amendments, and his Amendment 4.

On Amendments 11 and 12, we have nothing to add to what I have said before, but we believe that the Government must address the arguments advanced to ensure that the Bill is clearly drawn and does not have unintended adverse consequences that simply make the situation worse. We invite the Government to look carefully at this and, indeed, the aims of Amendments 12 and 13, although we believe that the Bill is right to focus in the direction that it does.

The noble Lord, Lord Beith, and the right reverend Prelate the Bishop of Gloucester also raised important specific points in relation to specific matters. Again, we will be interested to hear what the Minister has to say, but we see merit in the view expressed by the Constitution Committee, not in respect to those amendments in particular but, of course, in relation to other amendments. That is all that I propose to say at this stage in respect of this group.

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

I thank noble Lords for the careful consideration that they have clearly given the Bill, and I hope that I can reassure them on many, if not all, the points made. I also appreciate their kindness to me in their wise assumption that I am in the presence of some of the world’s experts on this subject, and I am not one of them—but I hope that I address all the points that noble Lords have raised.

I say to the noble Baroness, Lady Bakewell, that I am very grateful to her for the work that she does in supporting Gypsy, Roma and Traveller communities, and I am happy to continue to engage with her on that subject. I have already had a meeting with the group as well.

In bringing forward the Bill, the Government are seeking to ensure that the sentencing guidelines do not lead to differential treatment before the law. To do that, the Bill prevents relevant guidelines about pre-sentence reports from referring to offenders’ different personal characteristics. A non-exhaustive list of illustrative examples of personal characteristics is included in the Bill, including race, religion or belief or cultural background. This list was developed with reference to the content of the Sentencing Council’s revised imposition guideline.

Before I set out the Government’s position, I thank the noble and learned Lord, Lord Burnett, for his contribution to this debate, which I will ask the team to consider fully ahead of Report.

Amendments 1, 11 and 13, tabled by the noble Baroness, Lady Chakrabarti, would replace reference to “personal characteristics” in Clause 1 with reference to “protected characteristics” in the Equality Act 2010. We have considered the proposed change to the wording carefully and, while we understand the logic behind referring to the set of protected characteristics provided for in the Equality Act, I am not persuaded that this would meet the Government’s policy objective.

The revised imposition guideline refers to members of a “cultural minority” within its list of cohorts for which a pre-sentence report would “normally be considered necessary”. As cultural background is not a protected characteristic provided for in the Equality Act, if the Bill was to be amended in the way proposed, the council would be free to provide within its guidelines that cultural minorities received preferential access to pre-sentence reports, in turn risking differential treatment before the law. The use of the broader term “personal characteristics” in the Bill ensures that our policy intent is met and that all the issues raised by the imposition guideline are appropriately addressed. I am happy to carry on the conversation with my noble friend and look forward to our meeting later this week. I therefore urge her not to press her amendment.

Amendment 3 in the name of the noble Baroness, Lady Hamwee, would remove the Bill’s current blanket restriction on sentencing guidelines about pre-sentence reports from referring to offender’s different personal characteristics. Instead, the amendment would require sentencing guidelines to include references to personal characteristics when they are also considered to be related to an offender’s personal circumstances. I am mindful that there has already been extensive debate in this House and in the other place about the Government’s use of the term “personal characteristics”, but I hope that it may nevertheless be helpful if I briefly summarise the Government’s approach.

The Government acknowledge that the concept of “personal characteristics” is a broad and flexible one that is not intended to have an exhaustive definition. However, to put it simply, personal characteristics refer to who or what someone is. They are things that one cannot, or should not, be expected to change; the Bill sets out some illustrative examples such as race, religion or belief, and cultural background. On the other hand, personal circumstances are more temporary and contingent. They are more about what someone is doing, what they have done or what has been done to them.

The Government completely accept that the line between characteristics and circumstances may not always be clear and that some attributes, such as pregnancy, could reasonably be described as both a characteristic and a circumstance. Ultimately, however, I must stress that the Government’s objective in bringing the Bill forward is to ensure equality before the law by preventing the Sentencing Council making guidelines that risk differential access to pre-sentence reports. The Government remain of the view that the reference to “personal characteristics” in the Bill is the most robust way of meeting this objective; I therefore urge the noble Baroness to withdraw her amendment.

Amendments 4 and 6, tabled by the noble Lord, Lord Marks, would loosen the Bill’s restriction on sentencing guidelines about pre-sentence reports referring to offenders’ differential personal characteristics. It would do this by allowing sentencing guidelines to include such references where the Sentencing Council considers that this would prevent inequalities in sentencing outcomes. Although the amendments are well intentioned—I fully agree with the noble Lord on the importance of doing what we, as parliamentarians, can to tackle inequalities in outcomes across the justice system—we are not persuaded that these amendments are appropriate, for two key reasons.

First, they risk undermining the Bill’s fundamental objective of ensuring equality before the law by ensuring that sentencing guidelines do not include any provision that risks differential access to pre-sentence reports. Secondly, the Government remain of the firm view that it is for Ministers and Parliament, rather than the Sentencing Council, to consider how best to tackle disproportionate outcomes across the criminal justice system; it is not something that we should seek to address using differential treatment before the law during sentencing.

I thank the noble Lord, Lord Dholakia, for his speech highlighting the issues around racial bias and disproportionality in the justice system. We recognise the issues that he spoke about, but, as I have said, we believe that these are matters for policy, not the Sentencing Council, to address.

As I mentioned at Second Reading, work is continuing at pace on the review commissioned by the Lord Chancellor of the data held by the Ministry of Justice on disparities in the criminal justice system. This will be key in helping decide what we must do to address disparities; the House will be updated in due course. I hope that this reassures the noble Lord, Lord Marks, that this is an issue the Government take incredibly seriously and are determined to address, and that he will agree not to press his amendments.

I acknowledge the wider comments from the noble Lord, Lord Marks, about the need for legislation, including whether we could postpone this legislation until after David Gauke has published his review. I remind the Committee of the timelines. The guidelines were due to come into effect on 1 April. We sought to address this issue via constructive conversation with the Sentencing Council. As the Sentencing Council did not agree to change the guidelines, we introduced legislation to address the specific concerns that we had around equality before the law. That is why we had to act in the way we have: with primary legislation.

Amendment 5, tabled by the noble Baroness, Lady Chakrabarti, would provide a list of non-exhaustive examples of instances where sentencing guidelines could recommend that sentencers consider requesting pre-sentence reports. Although we have carefully considered the case for adding these criteria to the Bill, we are not persuaded that this is necessary, for two key reasons.

First, I re-emphasise that nothing in the Bill restricts sentencing guidelines from advising, in general terms, that a pre-sentence report should be sought where a further assessment of the offender’s personal circumstances would be beneficial to the court. Sentencers will therefore retain discretion to decide whether a pre-sentence report should be ordered, considering the specifics of the case before them.

Secondly, I am mindful that the revised imposition guideline already includes relevant provision that meets the spirit of this amendment, and it will be unaffected by the Bill. I agree with the Lord Chancellor’s remarks in the other place that the council “got things right” in the paragraph of the revised guideline that states:

“PSRs are necessary in all cases that would benefit from an assessment of one or more of the following: the offender’s dangerousness and risk of harm, the nature and causes of the offender’s behaviour, the offender’s personal circumstances and any factors that may be helpful to the court in considering the offender’s suitability for different sentences or requirements”.


I agree that PSRs should be used more widely. My work in supporting the Probation Service needs to go hand in hand with this ambition. I hope this reassures the noble Baroness and that she will not press her amendment.

--- Later in debate ---

[Lord Sandhurst (Con)]

My Lords, I will first deal with the two amendments of the noble Baroness, Lady Hamwee. We believe that Amendment 2 is unnecessary; probation officers should be left to get on with their jobs. The Bill does not prevent them addressing matters likely to reduce offending and we should have some confidence that they will share this view when it is necessary and appropriate. Why would they wish not to go down that route? That, after all, is what their job is about: preventing reoffending.

We do not believe that Amendment 8 is necessary, but we are sympathetic to where it goes. Again, this is on the basis that our amendments in group 3, which will bring the guidelines before Parliament, are accepted and acted on, so that Parliament gets to look at what is actually happening in the guidelines themselves.

Again, we are sympathetic to the aims of the amendment of the noble Lord, Lord Marks, but, although reports are necessary in appropriate cases, they are not necessary in every case. It is the probation officer who is best placed to alert the court in cases where a report is not proposed. A probation officer will be in court and can speak to defendants before sentencing in court.

In my experience, having sat in the court myself as a recorder for many years—and even, many years before that, having appeared in Crown Courts on quite a number of occasions—a probation officer is best placed to alert the court to the benefit of obtaining a report, or saying that they actually do not need one in a given case. However, that can be left to Parliament when it looks at the guidelines, if it gets the chance to do so.

[Lord Timpson (Lab)]

My Lords, I am grateful to have the opportunity to speak about probation and reducing reoffending—topics that are very important. I would like to use this opportunity to shine a light on the important work that probation practitioners do to support the sentencing process. I hope I can reassure noble Lords about the processes that are already in place.

I will speak first to Amendment 2, tabled by the noble Baroness, Lady Hamwee. This would require the Sentencing Council to include references to the factors most likely to reduce reoffending in its sentencing guidelines on pre-sentence reports. While I cannot support this amendment, as it would remove the Bill’s prohibition on sentencing guidelines on pre-sentence reports being framed with reference to offenders’ personal characteristics, I agree that the role of probation in supporting reducing reoffending is an important one.

The purpose of a pre-sentence report is defined by section 31 of the Sentencing Code as being a report which

“is made or submitted by an appropriate officer with a view to assisting the court in determining the most suitable method of dealing with an offender”.

A completed pre-sentence report will therefore provide sentencers with an effective assessment of risk, alongside targeted assessments of individuals’ needs, by confidently articulating suitable proposals that balance the needs of public protection, punishment and the rehabilitative aspects of sentencing.

Depending on the specific circumstances of the case, the probation practitioner writing the pre-sentence report will obtain information from both the defendant and external sources in respect of mental health, drug and alcohol needs and services, accommodation, finances and youth justice contact, as well as consideration of wider circumstances that could be indicative of additional vulnerability or complexity for the defendant.

A pre-sentence report will always include an assessment of the risk the defendant poses and to whom, including the risk of serious harm and likelihood of reoffending analysis. In making the sentencing recommendation, the pre-sentence report’s author must also consider the purposes of sentencing under the Sentencing Code, including the reduction of crime, and reform and rehabilitation.

The Probation Service has always had to balance public protection with rehabilitation, and striking the right balance is a long-standing part of the culture of the service, which is reinforced by the messages and expectations set not just by senior operational leaders but by me and other Ministers. I hope I can therefore reassure the noble Baroness, Lady Hamwee, that rehabilitative principles have always been, and will continue to be, at the heart of the pre-sentence advice provided to courts, and that she will feel able to withdraw this amendment.

Amendment 7, tabled by the noble Lord, Lord Marks of Henley-on-Thames, proposes imposing a requirement on sentencing guidelines on pre-sentence reports to promote a greater use of such reports as part of sentencing. I share the noble Lord’s desire to see greater use of pre-sentence reports. As I have set out, a good PSR assesses the offender’s behaviour and the risks they pose, and recommends sentencing options tailored to those risks and needs. We know that the number of pre-sentence reports has declined, with a 44% reduction over the last decade.

There have been several reasons for this, but it may well be that judicial perceptions of probation’s capacity to deliver PSRs may influence that decision. Judicial confidence in probation is a key priority for me and for the Lord Chancellor, and I hope I can reassure noble Lords about the steps we are taking to maximise probation’s ability not just to deliver PSRs but to deliver them in a timely way and to a high quality.

First, we are continuing to invest in increasing staffing levels in probation. Last year, we recruited 1,000 new trainee probation officers, and this year we have raised that target to 1,300. That continued investment in staff is helping us fill vacancies, including in probation court teams, where last year we increased our target staffing levels.

Secondly, we are taking steps to increase the capacity of probation staff providing advice to courts. We are beginning to roll out a new digital service, prepare a case for sentence, that links to HMCTS systems and which means that listing information about upcoming cases comes straight to probation staff, rather than having to be looked up and rekeyed into the new system. This in turn will help probation court teams do the right preparation in advance, so they can identify cases in which a court is likely to need further information and have that ready on the day if the court requests a report.

We are also improving access to video-link facilities to promote greater use of remote interviewing, so that, where an offender is remanded in custody and the court adjourns for a pre-sentence report to be written, probation staff can easily carry out an interview to inform the report. Through measures such as these, we can better focus probation staff’s precious time on providing the court with the right information, rather than on chasing up data from partner agencies or having to react to court requests at short notice.

Thirdly, we are trying to maximise the different opportunities for courts to request pre-sentence reports. For example, the PSR before plea scheme allows for a pre-sentence report to be written early on in certain cases where there is an anticipated guilty plea, and it is likely that the defendant will be sentenced in the magistrates’ court.

I hope I have reassured the noble Lord about the Government’s commitment to increasing probation’s ability to provide the best possible advice to courts, and that he will be happy as a result not to press his amendment.

Amendment 8 is intended to prevent sentencing guidelines restricting the contents of a pre-sentence report or interfering with a court order. I take this opportunity to briefly reassure the noble Baroness, Lady Hamwee, that nothing in the Bill as currently drafted, nor sentencing guidelines themselves, will do this. Following the Bill’s passage, sentencers will retain their current discretion to decide whether to order a pre-sentence report in appropriate cases. All the Bill does is ensure that the content of sentencing guidelines about pre-sentence reports does not provide for differential access to pre-sentence reports for certain groups over others.

The Bill also does not impact the types of sentencing options available to the court. Sentencers will retain their discretion to impose the sentence that they consider most appropriate, based on the specifics of the individual case before them and in line with any relevant sentencing guidelines. I hope that the noble Baroness is reassured and that she will not press her amendment.

--- Later in debate ---

[Lord Timpson (Lab)]

Amendments 9, 10 and 17 in the name of the noble Lord, Lord Sandhurst, would require the Sentencing Council to submit sentencing guidelines about pre-sentence reports to the Secretary of State, who would then be responsible for placing these guidelines before Parliament for approval.

As noble Lords will be well aware, the Lord Chancellor has been clear that this situation has highlighted that there is potentially a democratic deficit here. The Government are therefore currently reviewing the role of the Sentencing Council and its powers for developing sentencing guidelines. In doing so, we are fully mindful of the recent developments on the imposition guideline, which have brought us to debating today’s Bill.

I acknowledge and thank the noble and learned Lord, Lord Burnett, for his comments. In conducting the review, the Government are particularly mindful of the special role that the council plays in bridging Parliament and the judiciary on sentencing policy and practice. There are of course significant policy and constitutional matters to carefully consider, alongside considering what recommendations arise from the wider independent sentencing review.

While I acknowledge the noble Lord’s rationale for tabling these amendments, I am not convinced that it would be proper to legislate on this in a piecemeal way, recognising that the amendments capture only sentencing guidelines about pre-sentence reports. I am also not convinced that using this fast-track legislation is the best way of going about this. I therefore urge the noble Lord to withdraw this amendment, but I hope I can offer some reassurance that the Government are keeping all options on the table. Once the review of the council is complete, the Lord Chancellor and I are clear that we are willing to further legislate on this in a more comprehensive way if necessary.

[Lord Sandhurst (Con)]

My Lords, I thank all noble Lords who have contributed to this important debate. The concerns raised today underline the vital necessity of ensuring that our justice system remains fair, impartial and subject to proper democratic accountability.

The three amendments we have just been considering seek to address what we see as a flaw in the current system: the lack of meaningful parliamentary scrutiny over sentencing guidelines that have profound implications for equality before the law. The draft guidelines produced by the Sentencing Council risked entrenching a two-tier justice system. They would have treated defendants differently based on identity rather than the merits of their case; that was unacceptable. Without these amendments, it could happen again.

I am grateful for the excursus given on the consultation process in particular by the noble and learned Lord, Lord Burnett, which was interesting and helpful. However, government must be looking forward to how we manage this process in the future, so that Parliament, if appropriate—and we believe necessary—has the last word on the sentencing guidelines. They are in part for the judges, when they have to give practical effect to what is set out in them, but the fact that the council is an independent body and consults quite widely before the guidelines are promulgated should not mean that Parliament cannot have a look at them and then step in if it believes it appropriate. That is not to tread on the constitutional independence of the courts, because it will be before any sentences are pronounced under the guidelines. It will be just a step in the process, and they will then go to the courts for implementation.

We invite the Government to look at the approach we have advanced, even if the drafting may be imperfect as it stands. The principle at stake is simple: sentencing policy is too important to be left entirely to unelected bodies. Parliament must have the final say on matters that affect the foundational principle of equality under the law. These amendments have the aim of ensuring that, at the very least, guidelines on pre-sentence reports could not come into force without the explicit approval of both Houses. That is not an unreasonable burden; it is a basic safeguard of democratic accountability.

--- Later in debate ---

[Lord Sandhurst (Con)]

My Lords, I can be brief. On the noble Lord’s first Amendment, Amendment 15, we would not for our part want the Sentencing Council to go down the road of issuing guidance inconsistent with its duties under the Equality Act.

As for Amendment 18 and the review, we do not have a view on this matter. I note that with practically every Bill that comes before this House there is a call for a review at some point, whether it is one year, two years or five years down the road. The Sentencing Council must by now be well aware of public concerns and the concerns of legislators, and it would itself want to know how things are going. It is quite likely to call for a review if so minded. We are neutral on that topic.

[Lord Timpson (Lab)]

Amendment 15, in the name of the noble Lord, Lord Marks, seeks to ensure that any guidelines about pre-sentence reports issued by the Sentencing Council are fully compliant with the public sector equality duty under Section 149 of the Equality Act 2010.

I am not persuaded that this amendment is necessary, given the Bill’s key aim is to protect the principle of equal treatment before the law. It does this by removing the effect of the changes the Sentencing Council introduced in its revised imposition guideline, which provides that a pre-sentence report will “normally be considered necessary” for certain offenders, with reference to their personal characteristics, and prevents the council from reissuing guidance to the same effect.

Furthermore, nothing in the Bill impacts the Sentencing Council’s obligations to comply with the public sector equality duty in developing sentencing guidelines. I therefore urge the noble Lord to withdraw his amendment.

Amendment 18, also in the name of the noble Lord, Lord Marks, would require an independent review to be arranged by the Secretary of State into the changes made by Clause 1 of the Bill to sentencing guidelines about pre-sentence reports. I am mindful that a very similar amendment was tabled during the Bill’s consideration in the other place, and I do not want to repeat in full the debate there, but I hope it may be helpful if I briefly summarise the Government’s position.

While I recognise it is of course important to carefully ponder the Bill’s effects, I stress that the direct changes it makes are limited in nature. All this is about is ensuring that offenders do not receive preferential treatment regarding pre-sentence reports based on their personal characteristics. This gets to the heart of ensuring equality before the law, which is a principle which does not need to be reviewed.

To be clear, nothing in the Bill will prevent judges from requesting pre-sentence reports in cases where they ordinarily would, including in appropriate cases involving domestic abuse, young people or pregnant women.

While I therefore urge the noble Lord, Lord Marks, to withdraw this amendment, I hope that I can reassure him that there will be ample opportunity in this House to discuss matters with regard to the Sentencing Council in future, once the Lord Chancellor’s review into the wider role and powers of the Sentencing Council is complete.

Police, Prison and Probation Officers

Debate between Lord Timpson and Lord Sandhurst

Tuesday 13th May 2025 Lords Chamber

[Lord Timpson (Lab)]

Last year we recruited 1,000 extra probation officers, and this year we are recruiting 1,300. It is clear that it is not just about recruiting staff and training them; it is about embracing technology to help them do their jobs better. Last week we announced that we would agree to all 12 recommendations of the Rademaker review, and we are very grateful to one of HMPPS’s non-execs, Jennifer Rademaker, for all the work she did on it. It is totally unacceptable that our staff have to work in conditions where they are bullied, belittled and sexually harassed, and as Minister I am determined to stamp it out. Retention rates are not where I would like them to be. I am working very hard to make sure that HMPPS is a world-class organisation. That means high rates of training, high rates of morale and high rates of success.

[Lord Sandhurst (Con)]

My Lords, the Ministry of Justice reported a 12.5% leaving rate among band 3 to 5 prison officers for the year ending December 2024. Considering that the number of new recruits decreased by 35.4% during the same period, will the Minister explain what practical steps the Government are taking to improve both recruitment and retention among prison officers?

[Lord Timpson (Lab)]

The latest figures are that we have 97% of the number of staff we need in our prisons, but clearly we still have a bit to go. Also, a number of those staff are yet to be fully trained and in the right place. Before I was asked to come and do this role, I did a full review into the training of prison officers. I am fortunate that it is more likely to happen now I am in this role, because training is a big part of the reason why some of our staff leave too early. We want to make sure that people build their whole careers in the Prison Service, because the skills they learn—those soft skills about how they speak to prisoners and offenders—really make the difference in helping turn someone’s life around.

Prisoners: Early Release Scheme

Debate between Lord Timpson and Lord Sandhurst

Monday 21st October 2024 Lords Chamber

[Lord Sandhurst]

To ask His Majesty’s Government what steps they are taking to prevent criminals who have been released under the prisoner early release scheme from reoffending.

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

After inheriting a prison system on the brink of collapse, we had no choice but to introduce emergency measures, releasing some prisoners a few weeks or months early. Unlike the end of custody supervised licence scheme, or ECSL, introduced by the last Government, SDS40 had an implementation period that allowed prison and probation staff properly to prepare for release, helping us to reduce the risk of reoffending. Planning for release includes having temporary accommodation for those at risk of homelessness; access to employment; and continuity of mental health and substance misuse provision. Those released under SDS40 will also be subject to strict licence conditions. If offenders break those conditions or commit further crimes, they will be punished and could be immediately recalled to prison.

[Lord Sandhurst (Con)]

I thank the Minister for his Answer and welcome him to Question Time. More than 3,000 prisoners serving terms of more than four years for serious offences are due to be released this week, starting from tomorrow. Martin Jones, the Chief Inspector of Probation, told the BBC that it was a certainty that around one-third would reoffend. Of those released in the first batch in September, how many have been recalled to date in connection with a subsequent suspected offence of violence?

[Lord Timpson (Lab)]

We do not yet have all the exact figures but, when they are verified, we will publish them in the normal way. However, the noble Lord is correct that we have inherited a system that is very difficult, in which far too many people are recalled. For the second SDS40 stage, we are as ready as we can be. Victim contact data is very reassuring but, as in a lot of areas that we are dealing with in respect of full prisons, it is not as straightforward as I would like.