Sentencing Guidelines (Pre-sentence Reports) Bill

Debate between Nicholas Dakin and Andy Slaughter

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

[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.

[Andy Slaughter]

Will the Minister clarify the point in relation to pregnancy? He said—it is in the explanatory notes—that it would be right for a sentencer to follow Thompson and order a pre-sentence report where a woman is pregnant or has recently given birth, but that, following the passage of the Bill, it will be incorrect for the Sentencing Council to make recommendations along those lines for sentencers to follow. I do not quite see the difference.

[Sir Nicholas Dakin]

The Court of Appeal has made it clear, and, as my hon. Friend said, it is right to follow Thompson in those circumstances.

While I am grateful to the right hon. and learned Member for Kenilworth and Southam for raising and rightly exploring this issue in Committee, I hope that he will not press the amendment to a vote.

Amendment 3, tabled by the right hon. Member for Newark (Robert Jenrick) on behalf of the official Opposition, would require the Sentencing Council to obtain the Secretary of State’s approval before issuing any sentencing guidelines about pre-sentence reports. Again, I referenced the helpful words of the right hon. and learned Member for Kenilworth and Southam, who said we should tread carefully in this territory and that the separation of powers needs to be very much respected. Therefore, while carefully considering the case for mandating that the Sentencing Council obtain the Secretary of State’s approval, I am not persuaded that that is appropriate at this particular time.

As the Lord Chancellor has set out, this case has highlighted that a potential democratic deficit. That is why we are currently assessing the Sentencing Council’s wider role and powers for developing sentencing guidelines, with recent developments and imposition guidelines in mind.

Sentencing Council Guidelines

Debate between Nicholas Dakin and Andy Slaughter

Monday 17th March 2025 Commons Chamber

[Mr Speaker]

I call the Chair of the Justice Committee.

[Andy Slaughter (Hammersmith and Chiswick) (Lab)]

The Sentencing Council is—it should not need saying—a non-political body whose guidelines are carefully drafted and widely consulted on. These guidelines received positive responses from the Justice Committee under its previous Chair and from the previous Government. They do not require that a pre-sentence report is ordered, they do not limit who should be the subject of such a report and they do not tie the hands of the sentencer. Does my hon. Friend agree that by dragging the Sentencing Council into the political arena without good cause, the shadow Justice Secretary degrades both the Sentencing Council and himself?

[Sir Nicholas Dakin]

My hon. Friend the Chair of the Select Committee makes a good point about the way in which the shadow Justice Secretary conducts himself. The important thing is that the Lord Chancellor had a constructive meeting with the chair of the Sentencing Council and there is now a process in place to address this issue.

Oral Answers to Questions

Debate between Nicholas Dakin and Andy Slaughter

Tuesday 11th March 2025 Commons Chamber

[Mr Speaker]

I call the Chair of the Select Committee.

[Andy Slaughter (Hammersmith and Chiswick) (Lab)]

As part of the Justice Committee’s work on rehabilitation, I have come across some excellent projects on preventing reoffending, such as Revolving Doors, Peer Support and Key4Life, that use reformed ex-offenders as mentors. On a visit to Wormwood Scrubs prison last month, I saw the Right Course restaurant, which gets almost 60% of its trainees into employment on release. What are the Government doing to support and expand successful rehabilitation projects like these?

[Sir Nicholas Dakin]

I thank the Chair of the Select Committee for his identification of these very good actions that are going on within the prison estate. The Prison Service is keen to encourage all this sort of activity, and I will follow this up with my hon. Friend directly.

Drones: High-security Prisons

Debate between Nicholas Dakin and Andy Slaughter

Tuesday 14th January 2025 Commons Chamber

[Mr Speaker]

I call the Chair of the Justice Committee.

[Andy Slaughter (Hammersmith and Chiswick) (Lab)]

The Minister will no doubt be pleased that the Justice Committee has just announced an inquiry into drugs in prisons, with an emphasis on the use of drones by organised crime gangs to supply inmates. What makes it easy for drones to access prisons is the appalling state of prison maintenance. There is a £1.8 billion backlog, which did not accrue in the past six months. The shadow Secretary of State’s surprise is, in itself, surprising. What is the timetable for repairing the problems in prisons and getting to grips with that maintenance backlog?

[Sir Nicholas Dakin]

My hon. Friend is completely right that the prison maintenance programme that we inherited was in a state. That is why the Chancellor announced in the Budget a £500 million boost to the prison maintenance budget over the next couple of years. That is important. He is right also to say that we need to grip this, which is why the Prisons Minister in the other place has visited Manchester and is regularly updated on the situation there.

Oral Answers to Questions

Debate between Nicholas Dakin and Andy Slaughter

Tuesday 10th December 2024 Commons Chamber

[Mr Speaker]

I call the Chair of the Justice Committee.

[Andy Slaughter (Hammersmith and Chiswick) (Lab)]

The condition of our Victorian prisons in particular is not conducive to rehabilitation or preparation for life on release. The Government are pressing ahead with the construction of 20,000 new prison places, which their predecessors failed to honour. What thought has been given, in the design and operation of these major new prisons, to the training, education, addiction and mental health needs of inmates, for whom prison is currently little more than a human warehouse?

[Sir Nicholas Dakin]

These new prisons will be built with all the things my hon. Friend mentions taken fully into account. The Government are determined to put in place 14,000 more prison places.

Oral Answers to Questions

Debate between Nicholas Dakin and Andy Slaughter

Tuesday 5th November 2024 Commons Chamber

[Mr Speaker]

I call the Chair of the Justice Committee.

[Andy Slaughter (Hammersmith and Chiswick) (Lab)]

Is the Minister worried about the increasing criminalisation of young people? I notice that the Ministry of Justice published statistics last week that say one in four people of working age in the UK had criminal convictions. Should we not look at the current disclosure framework, so that people with criminal records for minor offences from years ago are not prevented from finding work, moving on and contributing to society?

[Sir Nicholas Dakin]

My hon. Friend, the Chair of the Justice Committee, identifies a subject that might well be useful for his Committee to examine.

Oral Answers to Questions

Debate between Nicholas Dakin and Andy Slaughter

Tuesday 10th September 2024 Commons Chamber

[Sir Nicholas Dakin]

My hon. Friend is exactly right: literacy and numeracy are crucial. I was pleased to visit HMP Humber recently, where I saw excellent best practice. It is important that those programmes are in place, that we learn from best practice and that we continue to do our best in that area.

[Andy Slaughter (Hammersmith and Chiswick) (Lab)]

A key driver of rehabilitation and the prevention of reoffending is sentencing policy. In our manifesto, we promised a review of sentencing policy—quite properly. When is that likely to take place, and will it take account of the very interesting recent paper by former Lord Chief Justices on sentencing inflation?

[Sir Nicholas Dakin]

The paper to which my hon. Friend refers is a significant one, and I urge all Members to look at it. The Government are committed to a review of sentencing policy, and it will commence as soon as it can. We will report in due time.