Asked by: Julian Lewis (Conservative - New Forest East)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether it is her policy that pre-sentence reports to inform judges prior to passing sentences on offenders should be requested in light of (a) their individual circumstances only and (b) any specific groups to which they belong.
Answered by Nicholas Dakin - Vice Chamberlain (HM Household) (Whip, House of Commons)
Pre-sentence reports can be vital tools for judges and for all offenders, regardless of their membership of a certain cohort. Courts are required to obtain and consider them unless, in the circumstances of the case they consider them unnecessary.
We are clear that decisions relating to sentencing of individuals are a matter for the independent judiciary.
Equality before the law is a guiding principle of our justice system. It is this Government’s policy to protect this and to ensure that there is no differential treatment on the basis of race or ethnicity in our courts. That is why, on 01 April, we introduced legislation which has the effect of removing the specific reference to cohorts in the Imposition guidelines - and the Sentencing Council has agreed to pause the guidelines while we do so.
The Bill does not prevent the guidelines from advising that pre-sentence reports are sought in cases where the court would benefit from an assessment of an offender’s personal circumstances, such as pregnancy, if someone is a young offender, or a victim of domestic abuse.