Sentencing Guidelines (Pre-sentence Reports) Bill

Jeremy Wright Excerpts

Wednesday 30th April 2025 Commons Chamber

[Sir Jeremy Wright (Kenilworth and Southam) (Con)]

I beg to move amendment 1, page 1, line 6, leave out

“different personal characteristics of an offender”

and insert

“an offender’s membership of a particular demographic cohort.”

[The Second Deputy Chairman]

With this it will be convenient to discuss the following:

Amendment 3, page 1, line 7, at end insert—

“(2A) After subsection (7) insert—

‘(7A) In the case of guidelines within subsection (4) about pre-sentence reports, the Council must, after making any amendments of the guidelines which it considers appropriate, obtain the consent of the Secretary of State before issuing sentencing guidelines as definitive guidelines.

(7B) In any case to which subsection (7A) applies, the Secretary of State may—

(a) consent to the issuing of guideline as definitive guidelines,

(b) refuse consent for the issuing of guidelines as definitive guidelines, or

(c) direct the Council to issue the guidelines in an amended form as definitive guidelines.

(7C) Where the Secretary of State has consented to the issuing of guidelines under subsection (7B)(a) or has directed the Council to issue guidelines in an amended form under subsection (7B)(c), the Council must issue the guidelines as definitive guidelines in the appropriate form”.”

This amendment stops sentencing guidelines about pre-sentence reports coming into force unless approved by the Lord Chancellor.

Amendment 2, page 1, leave out line 10 and insert—

““a particular demographic cohort’ may include those related to—”.

Amendment 4, page 1, line 13, at end insert—

“(d) status as part of a group that may have experienced trauma from experiences of racism or discrimination—

(i) inter-generationally and relayed to the defendant, or

(ii) as a result of important historical events which may have had a greater impact on those from specific groups and cultures.”

This amendment would ensure that sentencing guidelines about pre-sentence reports cannot include a defendant’s status as part of a group, particularly not if this involves considering events that may not have impacted the defendant personally.

Clauses 1 and 2 stand part.

New clause 1—Independent review—

“(1) The Secretary of State must arrange for an independent review to be carried out of—

(a) the effects of the changes made to section 120 of the Coroners and Justice Act 2009 by section 1, and

(b) sentencing guidelines about pre-sentence reports.

(2) The Secretary of State must, after consultation with the Sentencing Council, appoint a person with professional experience relating to pre-sentence reports to conduct the review.

(3) The review must be completed within two years of the passing of this Act.

(4) As soon as practicable after a person has carried out the review, the person must—

(a) produce a report of the outcome of the review, and

(b) send a copy of the report to the Secretary of State.

(5) The Secretary of State must lay before each House of Parliament a copy of the report sent under subsection (4)(b) within one month of receiving the report.”

[Sir Jeremy Wright]

It is worthwhile at the outset of all debates on this Bill to restate that it is about pre-sentence reports that give information to sentencers that may be used in sentencing decisions, not about the passing of sentences themselves. Specifically, the Bill is about the guidelines issued by the Sentencing Council to sentencers about the circumstances in which a pre-sentence report should normally be asked for, and about the sort of information about an offender which such a report may provide and which may be appropriate to consider and take into account before deciding on an appropriate sentence in that offender’s case.

There has been broad agreement—I see the Mother of the House, the right hon. Member for Hackney North and Stoke Newington (Ms Abbott), in her place, so I will not say unanimity—that an offender’s ethnicity, race, culture or faith are on their own not that sort of information and that the Sentencing Council was wrong to suggest that pre-sentence reports should be awarded on that basis. I would argue that is because, even if there may be points to make about the treatment or experience of members of the ethnic, faith or cultural group to which the offender in question happens to belong, what is relevant to the sentencing of that offender can only be the treatment or experience to which the particular offender has themselves been subject, not whether they have arisen in the cases of other members of the same group who are not before the court. That is effectively the impact of amendment 4 in the name of the shadow Minister, my hon. Friend the Member for Bexhill and Battle (Dr Mullan). That is why the Government are right to seek to exclude even from the process of asking for a pre-sentence report—let alone from passing sentence itself—the making of decisions based only on membership of such a group. That is after all what the Government have said this Bill is for.

These groups are described in the explanatory notes to the Bill as “particular demographic cohorts”. Paragraph 8 says,

“The Bill is intended to ensure that Sentencing Guidelines are drafted in such a way as to prevent differential treatment and maintain equality before the law. It does this by preventing the creation of a presumption regarding whether a pre-sentence report should be obtained based on an offender’s membership of a particular demographic cohort, rather than the particular circumstances of that individual.”

Despite that explanation in the explanatory notes, the Bill goes further than that by prohibiting the Sentencing Council from including in a sentencing guideline any

“provision framed by reference to different personal characteristics of an offender.”

That is what clause 1(2) says in inserting language into the Coroners and Justice Act 2009. I think that language is significantly wider in impact than reference to membership of particular demographic cohorts—undesirably so, in my view. That is why I have tabled amendment 1, which would adopt the language used in the explanatory notes.

Let me explain why I think that would be preferable. My starting point is that I do not believe all personal characteristics are inappropriate to consider in a sentencing decision. There is, of course, much more to be considered in a sentencing decision than simply information about the offender, particularly the seriousness of the offence and its consequences, but relevant information about the offender is needed as part of the process. It surely cannot be right, then, to prohibit the Sentencing Council from encouraging sentencers to find out more about some of the personal characteristics that are relevant in reaching a more informed and therefore better sentencing decision—for example, a physical or learning difficulty, or a brain injury from which an offender will not recover.

The relevance of that information is not just in forming a fuller picture of the offender to be sentenced, but in assisting a sentencer to know whether that offender is capable of carrying out aspects of a community order, including work in the community, which the sentencer may want to consider as a potential sentencing option. It is worth underlining of course that the ordering of a pre-sentence report—whatever it says when it is produced—does not bind the hands of a sentencer to do as it recommends, but in reality, without one a sentencer’s options are often more limited. That is why guidance on when to ask for a pre-sentence report matters.

[Dr Luke Evans (Hinckley and Bosworth) (Con)]

I defer to my right hon. and learned Friend’s experience, but is there not an argument for every case to have a pre-sentence report in order to truly understand what an individual has faced and whether there are any mitigating factors? I appreciate that that could create a backlog for these services, but is it not one possible solution to the problem that the Sentencing Council was worried about—namely, that different cohorts might have different sentencing outcomes?

[Sir Jeremy Wright]

My hon. Friend makes a fair point in relation to offenders who hover on the border between community sentences and custodial sentences, but he will know that, in the Crown court at least, the majority of such offenders already have a pre-sentence report. Of course, there are also offenders who come before the courts for sentencing and it is blindingly obvious either that a custodial sentence will follow, or that neither a community sentence nor a custodial sentence is realistically in prospect, so I do not think it right to say that we should have a pre-sentence report in every case, but there is already in law a presumption that pre-sentence reports should be ordered unless it is unnecessary to do so. What we are seeking to do here is respond to a very specific set of circumstances that have arisen as a result of a Sentencing Council decision. As he may have heard me say on Second Reading, I do not think that the Sentencing Council handled this well, and as a result we are having to do something that we would otherwise not have to do.

Sentencing offenders is, in all circumstances, a difficult business. The fact that different offenders receive different sentences, even for the same offence, is not necessarily evidence of a defect in sentencing practice as a result of guidelines or otherwise, but is more likely a reflection of the reality that every case and every offender is different. We should not, I suggest, try to stop judges reaching the appropriate conclusion, assisted by Sentencing Council guidelines, in each case before them.

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)]

Nobody is trying to stop judges sentencing in individual cases. All the Sentencing Council was seeking to do was ensure that judges and magistrates had the maximum amount of information before coming to a decision on the sentence.

[Sir Jeremy Wright]

Yes, I think the right hon. Lady is right that that is what the sentencing guidelines were aiming at, but I am afraid that the way in which they were phrased rather missed the mark, in my view. It is perfectly true to say that it is a good thing in most sentencing cases to get as much information as possible, but the sentencing guidelines have, as she will appreciate, particular influence on sentencers, who are obliged to follow them unless doing so is not in the interests of justice. The tone that is set by the Sentencing Council in the guidelines that it drafts gives a good indication to sentencers about the sorts of things that they ought to take into account in sentencing. As she heard me say—I think this is an important point to make—we are talking about the ordering of pre-sentence reports and not about sentencing itself.

--- Later in debate ---

[Sir Nicholas Dakin]

My hon. Friend echoes much of what the hon. Member for Eastbourne (Josh Babarinde) picked up on earlier. Probation is a significant part of the landscape. That is why we are onboarding 1,300 more probation officers over the next year.

The Chair of the Justice Committee, my hon. Friend the Member for Hammersmith and Chiswick (Andy Slaughter), raised issues about the impact of the guidelines on existing guidelines. We expect that other guidelines will be affected by the Bill, including offence-specific guidelines related to mitigating and aggravating factors, which set out guidance about pre-sentence reports for specific cohorts. We will continue working with the Sentencing Council on the implementation of the Bill. We have had constructive discussions and will continue to do so.

As my hon. Friend the Member for Hammersmith and Chiswick referenced, the Bill’s explanatory notes point out, existing precedent is not changed where the courts have determined that pre-sentence reports are necessary or desirable. Such cases include: Thompson, where the Court of Appeal recently emphasised the importance of reports in sentencing pregnant women or women who have recently given birth; Meanley, in which the court referenced the value of pre-sentence reports for young defendants; and Kurmekaj, where the defendant had a traumatic upbringing, a vulnerability and was a victim of modern slavery. The Bill narrowly focuses on the issue at hand, putting beyond doubt the principle that we all stand equal before the law of the land.

Clause 2 is concerned with details about how the Bill will be enacted. The Bill will apply to England and Wales only, and its measures will come into force on the day after it passes. The Bill may be cited as the Sentencing Guidelines (Pre-sentence Reports) Act 2025 once enacted.

I thank the right hon. and learned Member for Kenilworth and Southam (Sir Jeremy Wright) for tabling his amendments and for the very thoughtful and comprehensive way in which he dealt with them. Amendments 1 and 2 would replace the term “personal characteristics” with “demographic cohort” to describe the type of provision about pre-sentence reports in sentencing guidelines that the Bill will prohibit. The Government have considered the proposed change to the wording very carefully and would like to take the opportunity to briefly explain the Government’s approach.

The Government’s objective is to help ensure equality before the law so that offenders are treated according to their own particular circumstances and not by virtue of their membership of a particular group. To ensure that the Bill prevents sentencing guidelines about pre-sentence reports including provision framed by reference to any specific personal characteristics of an offender, we have used the term “personal characteristics”. The Bill sets out that personal characteristics include race, religion or belief, or cultural background. However, this is not an exhaustive list. We accept that personal characteristics and personal circumstances have, over the years, been elided in different court judgments, and we are clear that it is intended to cover a wider range of characteristics including sex, gender identity, physical disabilities and pregnancy status.

The right hon. and learned Member for Kenilworth and Southam has rightly noted that the term “demographic cohort” is used in the Bill’s explanatory notes. However, the use of the term was not intended to narrow the definition of personal characteristics, and I believe it does not, though I note that he believes that it might do. Rather, it is a different term used to describe individuals who share certain personal characteristics.

[Sir Jeremy Wright]

I accept that the Minister is trying to give us clarity, so for the purposes of clarity is it the Government’s view that all personal characteristics can also be described as personal circumstances?

[Sir Nicholas Dakin]

No, that is not the Government’s view. “Personal characteristics” is a term that is understood and applied in other contexts, whereas “demographic cohort” is a term that, on balance, the Government feel is more imprecise and would ultimately need to be defined with reference to a group with shared personal characteristics. Therefore, I understand where the right hon. and learned Gentleman is coming from, but from the Government’s point of view, the amendments do not add anything to the drafting of the Bill and risk causing further confusion. As he pointed out in his helpful contribution, there is a danger of getting into detailed semantics, which probably does not help any of us.

[Sir Jeremy Wright]

I take on board the Minister’s warning, and I am not sure whether this will make it any better. I think he is saying that the term demographic cohort is a subset of personal characteristics, but personal characteristics are not the same as personal circumstances. Is that right?

[Sir Nicholas Dakin]

If we had used the phrase demographic cohort, we would have to define what that means, whereas personal characteristics is a phrase that already has a level of definition and is therefore preferred by the Government.

I turn to the similar issue raised by my hon. Friend the Member for Hammersmith and Chiswick. We carefully considered whether the Bill should be narrower than referring to personal characteristics—for example, an offender being from a cultural minority—but in the end we felt that was not helpful.

As such, while I am grateful to the right hon. and learned Member for Kenilworth and Southam for suggesting alternative wording, the Government remain of the view that, having considered it carefully, the term personal characteristics is the most appropriate way of capturing the issues raised by the guideline.

--- Later in debate ---

[The First Deputy Chairman of Ways and Means (Judith Cummins)]

I call Sir Jeremy Wright to wind up.

[Sir Jeremy Wright]

I think—in gratitude to all those who have spoken—that we have got to a place where the Minister has told the House that there is some territory, which at the moment is being described as “personal characteristics”, into which the sentencing guidelines may not trespass. That is not the same as specifically referring to someone’s personal circumstances, and is a broader area than the question of whether they are a member of a particular demographic group.

Sentencing Guidelines (Pre-sentence Reports) Bill

Jeremy Wright Excerpts

2nd reading
Tuesday 22nd April 2025 Commons Chamber

[Sir Jeremy Wright (Kenilworth and Southam) (Con)]

The Lord Chancellor has just given us, very helpfully, the list of matters that might be relevantly considered in a pre-sentence report. As she has said, however, one of the items on that list is “personal circumstances”, and that is what the Bill will remove from the Sentencing Council’s discretion. May I ask her why she has not used in the Bill the language that is included in the explanatory notes? Paragraph 8 states that the Bill will

“prevent differential treatment… It does this by preventing the creation of a presumption regarding whether a pre-sentence report should be obtained based on an offender’s membership of a particular demographic cohort”.

That strikes me as a much narrower exclusion, and perhaps one better targeted at the problem that the Lord Chancellor has, in my view, rightly identified.

[Shabana Mahmood]

The right hon. and learned Gentleman is right. That is why we have offered the additional context in the explanatory notes. Personal characteristics and personal circumstances have, over the years, been elided in different court judgments, and the different definitions of the two have sometimes slipped. I wanted to make it clear in the Bill that we are constraining the Sentencing Council’s ability to create guidance for PSRs in relation to personal characteristics. We refer in the Bill to race, religion, culture and belief, specifically to ensure that the Sentencing Council understands that we are targeting this part of the offending section of the imposition guideline. It will then have its own interpretation of how personal circumstances and personal characteristics should apply. I would expect this to be analogous to protected characteristics in the Equality Act 2010, in terms of the way in which the courts are likely to approach the question of what a personal characteristic is for the purpose of the Bill.

However, I wanted to make the intention behind the Bill very clear to the Sentencing Council, and to everyone else. It is tightly focused on the offending section of the imposition guideline and leaves the wider question of personal circumstances untouched. As I will explain later in my speech, there is helpful Court of Appeal guidance on circumstances and on other occasions on which a PSR should normally be required, and nothing in the Bill will affect the Court of Appeal precedents that have already been set.

--- Later in debate ---

[Sir Jeremy Wright (Kenilworth and Southam) (Con)]

It is important in this debate to be clear what we are talking about and what we are not. The part of the guideline produced by the Sentencing Council that led to this legislation relates to the circumstances in which a pre-sentence report is produced, not to the passing of a sentence itself. It is also important not to overstate the problem. As we have heard, there is already law that says there should be a pre-sentence report in almost all cases, unless it is unnecessary, and most offenders being considered for either a community or custodial sentence—in the Crown court, at least—already have one.

The guidance that the Sentencing Council produces on the ordering of a pre-sentence report, though, does matter. That is because such a report is designed to give sentencers more information about the person they are sentencing. Without that information, it can be very hard to apply the full range of sentencing options. That might be about whether a rehabilitation activity requirement or a programme requirement might be appropriate, or to assess capacity for unpaid work. If a sentencer does not order a pre-sentence report for a particular offender, they may not be able to impose some of the more demanding community sentences and may find themselves more likely to impose a custodial sentence as the only available and realistic alternative. It does matter whether a sentencer is being encouraged to order such a report for an offender, and any guideline suggesting that this should be more appropriate for someone of one ethnicity, faith or culture, as opposed to another, cannot be right.

I accept that the Sentencing Council was trying to do good, but in reality we do not address inequality by replacing it with a different inequality. The Sentencing Council has misjudged this issue, and the Government are entitled to come to that view too. It would have been better if legislation was not needed to resolve this issue, but the Sentencing Council, independent as we know it is, has clearly concluded that it will not do as the Lord Chancellor has asked, and that means that legislation is the only realistic alternative. However, I have concerns about the way in which the Government are going about this, particularly in the breadth of the drafting of the Bill. I mentioned in an intervention on the Lord Chancellor one specific concern, which I will not go over again in view of the time, but which we might return to in the later stages of the Bill.

I think it is worth Ministers considering whether the use of the phrase “personal characteristics” is too broad. The Chair of the Justice Committee read out some of the other personal characteristics referred to in the draft guideline, which I do not think are anywhere near as controversial. We need to keep in mind that this is about a process in which a sentencer is given information about an offender in order to determine the appropriate sentence. I do not think that information about faith or ethnic origin would fall into the appropriate category, but information about health conditions or disabilities most certainly might.

There is a danger of throwing the baby out with the bathwater: not all personal characteristics should be left out of account in sentencing. I therefore ask Ministers to consider whether they can tighten the wording of clause 1(2) and (3) in particular. If they do so, I think that will avoid some rather arcane discussions about what can be properly described as personal circumstances and personal characteristics. However, I also think there is a danger of losing sight of the good work that the Sentencing Council does.

I accept that this will not be a universally popular point of view, but I do think that the Sentencing Council adds something important to the sentencing process. It is important that we do not lose sight of that, or of the fact that the guideline that has been drafted is to replace substantially out-of-date guidance. I hope that point will also be noted by Ministers.

Sentencing Council Guidelines

Jeremy Wright Excerpts

Monday 17th March 2025 Commons Chamber

[Sir Jeremy Wright (Kenilworth and Southam) (Con)]

The Minister is right to stress the independence of the Sentencing Council, but would he accept that he cannot criticise the shadow Secretary of State for having a view on these draft guidelines when the Secretary of State herself did exactly that? I also ask him to consider in this debate the real purpose of a pre-sentence report. It is there to give more information about an offender, but it also enables a judge to impose a non-custodial sentence if they believe that is the appropriate course. It is hard for a sentencer to do that, unless someone has been assessed as suitable for a community penalty. Whatever the rights and wrongs of this debate, is it not important that the Sentencing Council makes clear that what is important in deciding whether to ask for a pre-sentence report is whether that extra information is needed and not anything else, including protected characteristics?

[Sir Nicholas Dakin]

That is exactly what the Lord Chancellor is saying.

Oral Answers to Questions

Jeremy Wright Excerpts

Tuesday 11th March 2025 Commons Chamber

[Shabana Mahmood]

My hon. Friend raises an incredibly important point. We need to make sure that the whole justice system, including what happens in our criminal courts, is as efficient as it can be. That is why I have commissioned Sir Brian Leveson to conduct an independent review of the criminal courts. He will consider how to improve the courts’ efficiency, and we will report on that later in the year. There will be, I believe, a wider role for technology to play in tagging and monitoring of exclusion zones and curfews. I want to make sure that the justice system is in the best possible position to make use of emerging technology, so that we can keep our country safe.

[Sir Jeremy Wright (Kenilworth and Southam) (Con)]

The Lord Chancellor will accept that the effective use of electronic tags will not only make the criminal justice system more efficient, but mitigate the need for expensive prison places. Does she agree that two things are necessary for that effective use? First, the tags must be technically reliable; secondly, officials in her Department must have the commercial capacity to manage the contracts efficiently. If she agrees, what can be done to improve both those things?

[Shabana Mahmood]

The right hon. and learned Gentleman raises two incredibly important points. There will be a bigger role for current, new and emerging technologies in the future of our justice system, particularly in expanding the range of punishment available to us outside of prison. I want to make sure that we are at the forefront of getting the best use of our current technology and emerging tech. He is absolutely right about making sure that any commercial contracts are value for money and maintain public confidence. I am ensuring that, across the Department, we have expertise available to us, which is why the new unit that I have set up, Justice AI, will be so crucial to our efforts.

Prisons Strategy

Jeremy Wright Excerpts

Tuesday 7th December 2021 Commons Chamber

[Victoria Atkins]

Fundamentally, the judiciary and magistrates should be trusted in their sentencing decisions. We need to provide alternatives for people who should rightly be sentenced to alternatives, but that must be a matter for the judiciary. On the question of prison places, this is precisely why we are investing nearly £4 billion in new prisons as well as having a vast programme of work to reshape existing accommodation and put in temporary accommodation so that prisoners are treated safely and decently inside.

[Jeremy Wright (Kenilworth and Southam) (Con)]

I welcome what my hon. Friend has said, particularly about digital technology. I know she will agree that one of its benefits will be to enable prisoners to communicate with their families in a safe and secure way. That is good for the prisoners’ rehabilitation and also good for the families, particularly the children. May I ask her one specific question? In relation to league tables, which are part of this statement, can she tell us how the Government will be able to make allowances for the very different kinds of prisons with very different types of inmates, so that the comparisons can be fair?

[Victoria Atkins]

I can reassure my right hon. and learned Friend that we of course recognise those differences. We recognise the challenges that, let us say, a local prison faces, compared with those faced by an open prison or one that accommodates prisoners for many years. That will be taken into consideration. We want these key performance indicators to tell the truth about what is happening in our prisons in a fair way, but also in a way that shares best practice around the country.

End-to-end Rape Review

Jeremy Wright Excerpts

Monday 21st June 2021 Commons Chamber

[Robert Buckland]

The hon. Gentleman is right to press me on speed. I remind him that the decision to publish the rape review now was made in the light of a very important judicial review that was mounted by representatives of the sector; I listened to their representations and quite rightly waited for the outcome of that important case before publishing. However, I take the point. I am as anxious as he is to get on with things, but in respect of the section 28 roll-out I have to work hand in glove with the judiciary, who are operationally responsible: for example, a listing of a section 28 remote cross-examination will take some time in the court day. We have seen some really good examples in which it is working well, but I am listening very carefully to the judiciary’s observations about how it can be rolled out fully. I will push as hard as I can to achieve my personal ambition to see section 28 become the norm. Through the scorecard mechanism that we are introducing, we will be held accountable at regular intervals and he will have an opportunity to press me if he does not think that it is going fast enough.

[Jeremy Wright (Kenilworth and Southam) (Con)]

I welcome what my right hon. and learned Friend has said. As he recognises, what is done in the preparation of a case matters at least as much as what is said in court, so I urge him to link closely the work that the Government are already doing on disclosure with the work that he has described this afternoon. However, as he also knows, what is said in court matters too. To reinforce the point that the right hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts) made, if we are to ensure that rape myths are properly challenged, will the Justice Secretary make sure that in his conversations with the judiciary he looks carefully at the judicial directions given to juries, and that if they need further refinement, they get it?

[Robert Buckland]

I pay tribute to my right hon. and learned Friend, who as Attorney General worked very hard with me on the issue of disclosure and started the process that resulted in the revised Attorney General’s guidelines issued last year. He and I both know from our professional experience that a badly prepared and badly run case, in terms of disclosure, can be extremely destructive and frankly a miserable experience for those involved. He will be glad to know that we are not only pledging to ensure that victims’ phones are returned after no more than 24 hours, but working on new technology to ensure that analysis of data can happen that much more quickly. We want to ensure that 10,000 devices are examined through the year, rather than being left for months and months before the investigation can be taken further. On the court process, he will be glad to know of my decision to ask the Law Commission to look at some of the enduring issues surrounding the trial process, which I think will address many of his observations.

Sentencing White Paper

Jeremy Wright Excerpts

Wednesday 16th September 2020 Commons Chamber

[Robert Buckland]

I am grateful to the right hon. Lady for taking up the baton on that issue from her predecessor in Dwyfor Meirionnydd. She is absolutely right to draw me back to a campaign that I helped to champion in order to criminalise stalking and to enhance and improve the law further. I will look at that case more carefully, if I may. I am sure that more work can be done, particularly with regard to awareness and training of police and prosecutors with regard to the true seriousness and invidious nature of stalking and what it can lead to.

[Jeremy Wright (Kenilworth and Southam) (Con)]

I congratulate my right hon. and learned Friend on this White Paper, which reflects what he has long argued: an intelligent criminal justice policy requires provision to promote both punishment and rehabilitation. I particularly welcome what he said about sentencing code consolidation, which will not just reduce the number of mistakes made in sentencing but help victims to understand the system better. May I urge him to turn his mind urgently to the practicalities of the interesting proposal to keep offenders in custody for longer if they are radicalised in prison, particularly with a view to giving the Parole Board the tools it needs to make judgments on intelligence material that they will not be familiar with dealing with?

[Robert Buckland]

My right hon. and learned Friend and I toiled in the vineyard with regard to criminal sentencing procedure. He did not quite write the book, but he certainly read it. I am grateful to him for his warm support and for the excellent work of the Law Commission now being enshrined in law by this Government. That is the bedrock of what we are doing, and we are going to build on it in an intelligent way. He is absolutely right to talk about the role of the Parole Board. I have taken a particular interest in making sure that sensitive intelligence material is indeed released to it in the most proper way. I pay tribute to the former vice-chairman of the Parole Board, Sir John Saunders, who my right hon. and learned Friend will know from his days as a Birmingham practitioner, and who made those points very cogently. We have acted on them, but we are going to go further with a root-and-branch review of the Parole Board to make sure that it and other mechanisms are truly working in such a way that it makes fully informed risk assessment decisions.

Lammy Review

Jeremy Wright Excerpts

Tuesday 30th June 2020 Commons Chamber

[Alex Chalk]

I am grateful to the hon. and learned Lady, for whom I also have a great deal of respect. In December 2017, the Government response to the Lammy review said, at paragraph 8:

“We have…sought to mirror the pragmatic, ‘doable’ tone of the Review by setting out how we will address the underlying issues behind recommendations where there are real constraints that prevent us from following it to the letter.”

If the statement was in isolation—for example, “Have you implemented the change in the name of the Youth Justice Board?”—then, yes, the hon. and learned Lady would have a point, but what was made clear throughout was that the Government were determined to implement the policy objective even if doing things to the absolute letter would not necessarily be the best way of achieving that. I am proud of the fact that we have gone beyond a lot of what was stated in the Lammy review, so we have more data, more transparency, and a better way of drilling down on manifest injustices. Of course there is more to do, and this report has set us on a much better path.

[Jeremy Wright (Kenilworth and Southam) (Con)]

The Lammy review was an important piece of work and it was also a wide-ranging one. As my hon. Friend knows, chapter 2 of the review deals with the Crown Prosecution Service. The right hon. Member for Tottenham (Mr Lammy) sensibly made some proposals for improvement within the CPS, but he also said this:

“Other CJS institutions should learn lessons from the CPS, including openness to external scrutiny, systems of internal oversight, and an unusually diverse workforce within the wider CJS.”

My hon. Friend knows that the criminal justice system is an ecosystem and it is important that all parts work with the others, so will he do what he can to make sure that those lessons are learned within the system?

[Alex Chalk]

I thank my right hon. and learned Friend, who makes a characteristically pertinent point. If we want people to have confidence in the criminal justice system, they need to have confidence in the people who are bringing forward the prosecutions. That means that we need to make sure that it is diverse and representative. I must say that I know it is sometimes fashionable to kick the CPS—I am not suggesting he is doing this—but overall it does an excellent job and takes the issue of diversity extremely seriously. We want to empower it with the tools through the data to promote, entrench and enhance diversity.

Probation Services

Jeremy Wright Excerpts

Thursday 11th June 2020 Commons Chamber

[Robert Buckland]

The hon. Lady makes a very good point. She will be glad to know that last year we invested a further £22 million in through-the-gate services in England and Wales. I have seen for myself how probation officers working in prison on offender management in custody really creates a cohesive approach where the prison officers, together with the probation service, are working weeks or even months in advance of release. That is very much part of our ethos. We are going to increase our emphasis on that and use tools such as release on temporary licence in order to make the transition as smooth and as safe as possible, not just for the offender but for the public.

[Jeremy Wright (Kenilworth and Southam) (Con)]

I very much welcome what my right hon. and learned Friend has said about the involvement of voluntary sector organisations in the delivery of rehabilitation. As he has recognised, private sector organisations have played a role in the criminal justice system and its central challenge of reducing reoffending over many years, under Conservative Governments and Labour Governments. Does he agree that it is important now not to denigrate the efforts of anyone who has worked hard to reduce reoffending, whatever the correct shape of probation services in future, just because they have a private sector employer?

[Robert Buckland]

I am very grateful to my right hon. and learned Friend, who served with distinction in the Department I now lead. He is right to make that point that this is not about blind ideology, but about people and the shared values we have across the sector. That is very much within the CRC. I will make this point, and he will remember this: it was this Government who finally created licence and supervision periods for people on short-term prison sentences. That was a singular omission from the system that the previous Government failed to address.

Terrorist Offenders (Restriction of Early Release) Bill

Jeremy Wright Excerpts

2nd reading & 2nd reading: House of Commons
Wednesday 12th February 2020 Commons Chamber

[Robert Buckland]

I am very grateful to the hon. Gentleman. In fact, I think it is right to say, in the context of Northern Ireland, that we have given such careful consideration to the engagement of article 7 that we have chosen not to extend the legislation to Northern Ireland. The way in which the sentence is calculated and put together by the Northern Ireland courts does cause potential issues with regard to engagement and therefore potential interference with the nature of the penalty itself. I think that is actually very important in this context: it is real evidence of the fact that the British Government have thought very carefully about the engagement of article 7, and have not sought to take a blanket approach to all the various jurisdictions within the United Kingdom.

I hear what the hon. Gentleman says about a review mechanism. He will be reassured to know that a counter-terrorism Bill is coming forward that will cover all parts of the United Kingdom. There will be an opportunity on that Bill to debate and analyse further long-term proposals. Inevitably, the status and provisions of this Bill—I hope, by then, an Act of Parliament—will be part of that ongoing debate. I am confident that, through the mechanisms of this House, we will be able to subject these provisions to post-legislative scrutiny in the way that he would expect.

[Jeremy Wright (Kenilworth and Southam) (Con)]

My right hon. and learned Friend has mentioned the effect of this legislation that will keep terrorist prisoners in custody for longer, and he has rightly paid tribute to prison imams, who maintain religious interventions for those whose motivation for their terrorist offending is at least claimed to be religious. Can he reassure us that, given the extra time in custody that many of these prisoners will now serve, such effective and in many cases very brave interventions by prison imams will be given the extra time available to take further effect?

[Robert Buckland]

My right hon. and learned Friend the former Attorney General speaks with great experience and knowledge of these matters. He is absolutely right to focus on the specialist intervention of our imams. I think I referred to the fact that we are going to increase resources and increase the number available within our prisons. Both the Home Secretary and I have seen at first hand the partnership working that goes on within the high-security estate when it comes to dealing with these particular challenges. It is precisely that type of specialist intervention that he and others can be confident we will be supporting in the years ahead.

I was going on to explain the extension of parole release to those who serve standard determinate sentences and other transitional cases currently subject to automatic release. In line with the normal arrangements for prisoners released by the Parole Board, the board will set the conditions of an offender’s licence for this cohort when they are released before the end of their sentence. The Parole Board, as I outlined earlier, has the necessary powers and indeed the expertise to make risk-based release decisions for terrorist offenders. The board currently deals with terrorists who serve indeterminate sentences, extended sentences and sentences for offenders of particular concern—the “SPOCs”, as they are colloquially referred to.

There is a cohort of specialist Parole Board members who are trained specifically to deal with terrorist and extremist offenders. They are, in effect, the specialised branch of the board that will be used to handle these additional cases. They include retired High Court judges, retired police officers and other experts in the field, all of whom have extensive experience of dealing with the most sensitive and difficult terrorist cases. Due to the nature of the emergency legislation, I have proposed that the provisions cover England, Wales and Scotland.

The justification for this emergency, retrospective legislation—out of the ordinary though I accept it is—is to prevent the automatic release of terrorist offenders in the coming weeks and months. Given the risk that this cohort has already shown they pose to the public, it is vital that we pass this legislation rapidly before any more terrorists are automatically released from custody at the halfway point. Therefore, we are aiming for this legislation to receive Royal Assent before the end of the month. With the support of this House, I am confident that we can do that. I commend the Bill to the House.