Sentencing Bill

Baroness Chakrabarti Excerpts

Wednesday 12th November 2025 Lords Chamber

[Baroness Chakrabarti (Lab)]

My Lords, I must add to the tributes to that great, brave and humane soul, Baroness Newlove.

It is, as we have heard, over 30 years since two political pugilists faced off from opposite Dispatch Boxes in the other place and triggered a law and order arms race from which our criminal justice system and the society it is supposed to serve have yet to recover. For decades, this excited expectations that Governments could legislate their way to headlines and re-election by diminished due process and tougher sentencing. They purported to do this even when imposing economic austerity, in the form of cuts to living standards and the justice system in particular, as well as youth, mental health and addiction services. Today, we reap the bitter harvest in both the human and the financial costs of a justice and penal system that is on its knees, in which few members of the public have faith.

By contrast, and with no disrespect to the elected Chamber, my noble friend Lord Timpson is a perfect example of the finest Government Ministers sitting in your Lordships’ House, bringing a wealth of experience, expertise and vocation for genuine reform. Not, perhaps, since the fictional progressive prison warden Henry Brubaker, played by the late Robert Redford in the 1980 Hollywood film, went inside disguised as a convict, has one man attempted such a brave reforming challenge. Of course, my noble friend comes disguised not as an inmate but as a politician. None the less, I pay tribute to him, and indeed to the much respected Conservative Lord Chancellor, David Gauke, whose sentencing review has inspired so much of the Bill before us. In particular, I commend a focus on preventing and reducing crime and diverting people away from prison so far as possible. Such aims are nothing short of a sea change from decades of crime and sentencing legislation drafted, if not quite on the back of a cigarette packet, on the back of rainforests of press releases full of punitive talk and sentence inflation.

Talk is cheap and legislation not much more expensive. The exorbitant cost comes later, in failed sentences and overstuffed prisons where rehabilitation programmes are all but impossible. The continuing cost is of reoffending and the revolving door—and I do not mean the one outside your Lordships’ House. The Bill must, of course, come with sufficient funds to implement it—adequate funds for our crumbling courts and demoralised probation, third sector and prison services—otherwise, this once-in-a-generation possibility of reversing the vicious cycle will be set up to fail.

I wholeheartedly welcome the presumption against short sentences, and the discretion to suspend short custodial sentences in the light of decades of data on reoffending. How hollow were those slogans of yesteryear about a “short, sharp shock” and how “prison works”? However, it is vital that suspended sentences translate into less custody, not fewer community orders, as we heard from the noble Baroness. Investment, training, monitoring and constant evaluation in every part of the system will be key.

By contrast, the new consent process for the Sentencing Council smacks a little more of the press release than sound policy. The will of the people on matters of sentencing is properly expressed by Parliament’s role in scrutinising and enacting sentencing legislation. The Sentencing Council exists to help the independent judiciary achieve consistency within the realm of its discretion. The Lord Chancellor of the day is, in practice, the initiator of sentencing legislation; they need not and should not be co-signing off on the Sentencing Council’s business plan and guidance documents. It is an encroachment on the independent judiciary, worthy of some of the political judge-bashing of the past. If the new process is not to be dropped, at the very least perhaps the Justice Committee rather than the Lord Chancellor should co-sign with the Lady Chief Justice. In any event, that committee is more reflective of Parliament than a senior member of the Executive is.

In the context of standard custodial sentences, the new progression model will need careful consideration. I urge my noble friends in government carefully to read the concerns of both Justice and the Howard League for Penal Reform. I know that many noble Lords are appreciative of their work in general and providing detailed written briefings on this Bill in particular. Only adequate, purposeful activity in prison can ensure progression rather than regression. There must be clear guidance on how the model should be implemented; the prison adjudication system must be reviewed as to fairness and potential discrimination, not least against disabled and otherwise vulnerable prisoners. The increase in the possibility of added days for bad behaviour must be carefully monitored and reviewed. There is a risk of some prisoners not being released until the very end of their sentence, with no subsequent probation requirements in the community.

Greater public faith and government investment in community orders is at the heart of the Bill. Care must be taken over the fairness, proportionality and unintended consequences of intensive supervision, restriction zones and electronic tagging. Offenders must be supported as well as supervised—and not set up to fail.

Clause 35 is of serious concern, with its powers to publish the names and photographs of those serving orders in the community. I am reminded of an informal meeting I had as director of Liberty with a Home Office political adviser around 20 years ago. During the encounter, the adviser’s phone rang; when they realised who the caller was, they turned very pale and left the table for a few minutes. On their return, they asked me what I thought of an idea to force those on community orders to wear striped uniforms while performing unpaid manual work in the community. “What do you think I’ll say?”, I replied. “What do you really think in terms of safety, decency, rehabilitation and public order?” The adviser nodded silently but looked very anxious. The call had come from the editor of a national newspaper, demanding the policy as a story for the next day. As journalism is currently under fire, I shall withhold the name of the editor and paper concerned. I believe that the pillory was abolished in 1837, and the stocks fell out of use in around the 1870s, so let us not revive them in time for the 2030s.

Finally, I welcome the Bill’s amendments to the Bail Act 1976; in particular, adding to courts’ considerations a defendant’s pregnancy, primary care giving or situation as a victim of domestic abuse. I urge the department to go further and build on reforms in the Mental Health Bill to abolish remand in custody of people, including children, for their own welfare or protection, even for non-custodial offences. This is surely one of the most obvious symbols and examples of our criminal justice system being used as a dumping ground for social problems and vulnerable people who would be far better cared for and protected elsewhere, and at far less financial and human cost.

Overall, I congratulate the Government on creating such an opportunity for enlightened and effective reform. Because it is in his nature, I know that my noble friend Lord Timpson will seek to collaborate across the House on ensuring that this opportunity is taken to the best of our shared ability—including, I hope, on IPPs. I wish him well in his task and look forward to playing my own small part.