Sentencing Guidelines (Pre-sentence Reports) Bill

Debate between Josh Babarinde and Judith Cummins

Committee of the whole House & Report stage
Wednesday 30th April 2025 Commons Chamber

[Madam Deputy Speaker (Judith Cummins)]

I call the Liberal Democrat spokesperson.

[Josh Babarinde (Eastbourne) (LD)]

I made the Liberal Democrat position on this very short Bill, and on this issue more widely, abundantly clear in the last debate that we had on this matter: we believe in equality before the law, we believe in the rule of law, and we believe that no one is above the law. That is why we believe that anyone facing the prospect of a custodial sentence should be the subject of a pre-sentence report. We believe that the state has that duty before dispensing its power to deprive someone of their liberty.

There is no world in which judges and magistrates having more information about an offender, whoever they are, and their circumstances is a bad thing. That is why it is an injustice that the use of pre-sentence reports had fallen from 160,000 in 2015 to just 90,000 by 2023, which is a cut of 42%. That has left judges and magistrates with fewer resources and insights than ever with which to go about their work. Less informed sentencing means less satisfactory sentencing outcomes. It means more reoffending, more victims and more turmoil, and that is unacceptable. That is not justice.

This is a product of the under-investment in our Probation Service—it compiles the reports—which was gutted under the Conservative Government. I therefore welcome the fact that the Minister, in his closing speech on Second Reading, agreed with me that

“the debate should be about how we move to universality of pre-sentence reports, not about rationing.”—[Official Report, 22 April 2025; Vol. 765, c. 1019.]

I will come to new clause 1 shortly.

--- Later in debate ---

[Josh Babarinde]

One problem with the proposals is that consultation has been minimal. They come from a rushed place. They come from a place of responding to a culture war. We are voting on people’s liberties and we need to consider the issues in great detail before responding, not in a knee-jerk way. What I can say, and what I have discussed with Members, including the Lord Chancellor, is that, for example, in the guidance on pre-sentence reports, the circumstances of victims of domestic violence, modern slavery and so on should be considered. As I said at the very beginning of my speech, on pre-sentence reports we should lean toward a presumption of universality rather than one of rationing, so that for all the groups and individuals that have just been mentioned, and more, judges can access a pre-sentence report.

We make the call I have just made not only because we have grave concerns about the impact of the proposed changes, but because we remain steadfastly committed to evidence-based policy making. Against the backdrop of cynical culture wars and leadership manoeuvres, it is more important than ever for the Government to assess the outcomes of this policy, with assessments based on statistics, data and evidence as opposed to dogma and ideology.

To conclude, we must not dance to the tune of the populists or the culture war fanatics, or undermine our legal institutions. As such, our position has not changed since last time and we will act accordingly. We will defend our judicial system and its independence, but we reject short-term reforms that fail to address the wider issues of disproportionality at play.

[The First Deputy Chairman]

I call the shadow Minister.

Child Sexual Exploitation and Abuse

Debate between Josh Babarinde and Judith Cummins

Thursday 16th January 2025 Commons Chamber

[Madam Deputy Speaker (Judith Cummins)]

I call the Liberal Democrat spokesperson.

[Josh Babarinde (Eastbourne) (LD)]

Survivors are tough, as I know from my own experiences of abuse as a child, about which I have spoken in the Chamber. Survivors have been subject to intense impacts and blistering climates, but like a blade in the blacksmith’s forge, each strike has strengthened many survivors’ character, mettle and spirit, even though those are experiences that should never be undergone in the first place. Each shock has emboldened our resolve to be the very sword carried by Lady Justice herself, or at least to see it wielded with strength—to see action taken and justice done.

However, too many survivors’ stories have been characterised by being ignored, hidden or gaslit. Recently, too many survivors’ stories have been shamefully used as a political football in some corners of this House and beyond. Survivors’ experiences are littered with gut-wrenching instances of power-holders missing glaring opportunities to take action against child sexual abuse and exploitation. History must stop repeating itself. We cannot afford for Professor Jay’s findings, or those of the inquiries announced today, to gather dust atop power-holders’ bookshelves, to get lost at the bottom of in-trays, or to be banished to the depths of filing cabinets. In line with the courage that it has taken so many survivors to speak out on this issue, we Liberal Democrats—and many others, I know—implore those in positions of power at all levels to step up, too. That means that those weaponising this issue for party political gain must stop now; it means that Professor Jay’s 20 recommendations must be implemented from now; and it means that the work to get the local inquiries set up must start now.

Survivors need assurance that—beyond the areas that have been announced today—they will be able to get justice in their cases as well. Will the Home Secretary share the plan for the areas beyond those she has announced today? What legal powers will the inquiries have to ensure that they have teeth and justice can be delivered? We must all dignify survivors’ experiences with action. We must honour all survivors’ stories with reform. Lady Justice demands it, and so does the tempered sword that she wields.

Sentencing Review and Prison Capacity

Debate between Josh Babarinde and Judith Cummins

Tuesday 22nd October 2024 Commons Chamber

[Madam Deputy Speaker]

I call the Liberal Democrat spokesperson.

[Josh Babarinde (Eastbourne) (LD)]

I thank the Secretary of State for advance sight of her statement.

Having myself grown up in a home of domestic violence at the hands of my mum’s former partner, I share the concerns of the Victims’ Commissioner and survivors of domestic abuse that loopholes in the early release scheme’s criteria could mean that some of their abusers, who have been convicted of violent offences but not of domestic violence-specific offences, may have been released early today. I know the Secretary of State attempted to provide some reassurances, but I can say to her that I have received communications from affected people outside this Chamber who are not satisfied with those assurances yet. Domestic abuse survivors deserve to be safe. Can she address these concerns today?

We welcome the Government’s determination to fix the mess that the Conservatives made of our criminal justice system through the evidence-led, independent sentencing review. The former Lord Chancellor chairing it and I have a track record of fixing things together. In my past life, I used to run a social enterprise phone repair company staffed by ex-offenders, and we ran pop-up repair shops in the MOJ, at one of which the then Lord Chancellor David Gauke eagerly presented his phone for repair. I hope this Lord Chancellor shares that collaborative fixing spirit when it comes to engaging with the Liberal Democrats and me on this review—and I will happily sort the Secretary of State out with a phone repair if she needs one.

While empirical evidence will be critical to this review, some of the most valuable insights on this matter are held by victims and survivors themselves. I was therefore disappointed not to find the words “victim” or “survivor” mentioned once anywhere in the terms of reference, although I have heard the Secretary of State say them today. Will she put that right, and outline specifically how victims and survivors will be represented and formally consulted in the sentencing review?

Finally, even though the Secretary of State has said there will be no constraints and no constrictions, something else missing from the review is the injustice of indeterminate imprisonment for public protection sentences, under which almost 3,000 people remain imprisoned with no release date. What is more, people are serving IPP sentences who have committed lesser offences than those being released today under the Government’s early release scheme. Reforming these sentences could help address prison overcrowding and the safety crisis, so why have the Government explicitly excluded IPP sentences from this review, and will she reconsider that decision?