Sentencing Guidelines (Pre-sentence Reports) Bill

Debate between Nicholas Dakin and Catherine Atkinson

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

[The Parliamentary Under-Secretary of State for Justice (Sir Nicholas Dakin)]

It is a pleasure to serve with you in the Chair, Mrs Cummins. I wish to thank hon and right hon. Members for the points that have been made and the amendments that have been discussed, which I shall respond to in turn. I shall speak briefly to each clause and then remind us of why we are here debating this Bill.

In the last Parliament, the Sentencing Council consulted on a revised imposition guideline, which was due to come into effect on 1 April. The revised guideline includes additional guidance on when courts should request pre-sentence reports. It notes that pre-sentence reports will “normally be considered necessary” for certain offenders, including those from an ethnic, cultural or faith minority. The “normally be considered necessary” is replaced with “may be particularly important”, which the previous Government very much welcomed.

This Government note that a pre-sentence report is necessary. They agree that disparities exist in the criminal justice system. The reasons for that are unclear, but this is a matter for the Government, accountable to Parliament and to the ballot box, to address.

In effect, the revised guideline could have led to judges deciding whether to request a pre-sentence report based on an offender’s faith or the colour of their skin. The Lord Chancellor has been clear that this would be unacceptable, as it risks differential treatment. Singling out one group over another undermines the idea that we all stand equal before the law—a principle that has been in the foundations of our justice system for centuries, and that is why she acted immediately and quickly. By preventing the Sentencing Council making guidance on pre-sentence reports with reference to personal characteristics, this Bill helps to ensure equality before the law.

Clause 1 amends section 120 of the Coroners and Justice Act 2009. It provides that sentencing guidelines may not include provision framed by reference to different personal characteristics, including race, religion, belief or cultural background. Therefore, any existing guidelines that make reference to different personal characteristics will cease to have effect and the Sentencing Council is prevented from making such provisions in guidelines in the future.

The changes made by this clause prevent the Sentencing Council making policy about when pre-sentence reports should be obtained that risks differential treatment before the law, and which could undermine public confidence in the criminal justice system.

The sentencing code is clear that courts should obtain pre-sentence reports unless, in the circumstances of the case, it is unnecessary. The clause does not affect the independent judiciary’s ability to make decisions based on the personal circumstances of an individual offender, or determine where pre-sentence reports are necessary or desirable. Nor does it stop the Sentencing Council from advising, in general terms, that pre-sentence reports are sought in cases where the court would benefit from an assessment of an offender’s personal circumstances.

[Catherine Atkinson (Derby North) (Lab)]

Pre-sentence reports, as the Minister has set out, are important in considering punishments that can address offending behaviour and help reduce the likelihood of reoffending. But, very often, probation is stretched so thin that officers do not have time to complete them. What will the Minister do to ensure that, where a pre-sentence report is required, probation has the capacity to do that important work?

Oral Answers to Questions

Debate between Nicholas Dakin and Catherine Atkinson

Tuesday 22nd April 2025 Commons Chamber

[Catherine Atkinson (Derby North) (Lab)]

11. What steps her Department is taking to help reduce levels of reoffending among young people.

[The Parliamentary Under-Secretary of State for Justice (Sir Nicholas Dakin)]

The Government are determined to reduce youth reoffending as part of our safer streets mission. Despite the huge fiscal challenges we inherited, we have been able to increase our core funding to youth offending teams across the country, allowing them to support children away from crime.

[Sir Nicholas Dakin]

My hon. Friend is exactly right. In the past, antisocial behaviour has been too easily dismissed as low-level, but as he rightly describes, it can cause real distress and misery to our communities. I am pleased that the new Crime and Policing Bill includes measures to enhance police powers to seize nuisance offroad bikes and other vehicles used in an antisocial manner.

[Catherine Atkinson]

Engineered Learning in Derby teaches welding skills to young people at risk of offending and reoffending. A qualified, experienced welder can earn more than £50,000, yet we have a national shortage of welders. Does the Minister agree that preventing reoffending and securing the skills our country needs is a win-win, and will he look at how we can get more young lives back on track, learning trades such as welding?

[Sir Nicholas Dakin]

My hon. Friend is exactly right. What Engineered Learning is doing is a clear win-win, teaching welding skills and moving people away from crime. The Department will continue funding youth offending teams to work with local education and employment providers to help young people get the skills they need to have productive careers and positive lives.