Sentencing Bill

Baroness Hamwee Excerpts

Monday 1st December 2025 Lords Chamber

May I say one final thing? On the pushmi-pullyu point, which I was grateful to be reminded of, the next step for us is to engage further with the noble and learned Lord, so we will be neither pushing nor pulling.

[Baroness Hamwee (LD)]

I may have missed it, but I am still unclear about what happens under Clause 18 and new Section 118A. If there is no approval of the business plan from the Lord Chancellor, does the Sentencing Council continue with its work as if there were a business plan and make it up as it goes along? I am sure that it does not quite do that, but the clause does leave the position hanging.

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[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.