Sentencing Guidelines (Pre-sentence Reports) Bill

Third Reading

15:30:00

Motion

Moved by

That the Bill do now pass

My Lords, I start by paying tribute to the chairman of the Sentencing Council, Lord Justice Bill Davis, after the sad news that he passed away at the weekend. He made a significant contribution to criminal justice and I particularly recognise his work serving on the Sentencing Council, first as a judicial member between 2012 and 2015 and then as its chairman since 2022. The Lady Chief Justice recalled him yesterday as one of the very best criminal judges of his generation. I am conscious that many noble and noble and learned Lords will have known and worked closely with him. I take this opportunity, on behalf of the House, to extend our deep condolences to Lady Davis and his children and to all those who knew him. I take this opportunity to extend my thanks to the many noble Lords who have contributed to debates on the Bill in this House. Despite its short length, it has prompted careful and detailed consideration from Members of this House, and I am grateful to noble Lords who have, throughout its passage, provided constructive challenge. I am grateful to the officials who have been involved in its preparation and passage. The Opposition Front Bench, in particular the noble Lords, Lord Sandhurst and Lord Wolfson, have engaged constructively on the Bill, for which I am grateful. I pay particular thanks to the noble Lord, Lord Marks, the noble and learned Lord, Lord Burnett, the noble Baroness, Lady Hamwee, and the right reverend Prelate the Bishop of Gloucester, who have all been generous with their time in both their scrutiny of the Bill and their engagement with me. Finally, I thank the team who have supported me on this Bill, in particular Katherine, James and Jack, to whom I am very grateful. I beg to move.

My Lords, I add my note of sadness at the news of the death of Lord Justice William Davis recently and add my condolences to those of the Minister to his family upon his passing. He was a judge of great distinction. He led the Sentencing Council, which is the subject of this Bill, with very great distinction as well. He will be greatly missed. Turning to the Bill, we made it clear that we did not agree with the Bill: we did not agree with the principle or that the proposed guidelines of the Sentencing Council threatened the notion of equality before the law. We believed, as is clear, that this was not a sensible use of emergency legislation and that the disagreement between the Sentencing Council and the Lord Chancellor should have been resolved without the need for legislation. We were concerned that the Bill had the potential to damage the Sentencing Council. In the event, we did not succeed in securing the withdrawal of the Bill, or in amending the Bill, which had Conservative support, so it will now become the law. However, we can take two strong positives from the debate around this Bill. The first is the Government’s commitment to the Probation Service and to the importance of pre-sentencing reports in giving guidance to judges and providing consistency in sentencing. The commitment has been to having more reports of higher quality, backed up by increased resources. I thank the Minister for his kind words to me and others in opening this short debate; I say from these Benches what a credit he has been to his department and to this House in coming fresh to the House with his very strong commitment to the sentencing system and the Probation Service. His presence on the Front Bench has been a breath of fresh air for us all, and we are very grateful to him. The second positive has been the recognition around this House of the enormous value of the Sentencing Council in giving independent, well-researched advice on sentencing to judges, with a view to promoting consistency not just in sentencing but in the approach to the factors that judges need to take into account in sentencing. I add my gratitude to Members around the House—both those with experience of acting in criminal cases and those with no experience of the criminal law or of law at all—who have stressed the importance of these issues to the development of the law and our criminal justice system, and, perhaps more importantly, to the maintenance of confidence in the criminal justice system in future.

My Lords, I pay tribute to the late Lord Justice William Davis. We learned of his death over the weekend with deep sadness. His integrity, clarity of thought and unwavering commitment to fairness made him a towering figure in the field of criminal justice. His loss will be felt across the entire legal and judicial community, although most immediately by his family, to whom we send sincere condolences. From these Benches, I express our thanks to all those who contributed to this Bill in Committee and on Report. The quality of that debate, if I may respectfully say so, was exemplary, echoing and always meeting the high standards that this House sets when dealing in particular with matters of criminal justice, with the expertise we have on all sides of the Chamber. These Benches offer our support for the principles underpinning this legislation. The more effective use of pre-sentence reports will encourage informed and consistent judicial discretion and lead to better sentencing outcomes, reducing reoffending, encouraging rehabilitation and serving the interests of public safety. While this Bill is therefore a very good first step, we look forward, together with other noble Lords around the Chamber, to other initiatives in this area. Sentencing remains a complex and sensitive area of the law because it touches individual lives and the life of the community. We believe that this Bill provides a strong foundation and are confident that it will be implemented to good effect. We therefore support the Bill and look forward to it being implemented as part of a justice system that is fairer, more consistent and more effective. Finally, on a more personal note, the Minister noted that this was the first Bill which he has taken through the House. I agree with the noble Lord, Lord Marks of Henley-on-Thames, that we may disagree politically but these Benches recognise that the Minister not only shares a commitment to a fair and modern criminal justice system but has practical experience in this area. Where possible, we will of course work constructively together, as we did on this Bill.

My Lords, I first associate myself with the words of those who spoke in tribute to Lord Justice William Davis. News of his death on Saturday morning reached his fellow judges, and former judges, like a thunderclap. He really was tremendously admired and liked. He would take on any additional role that either I or, now, the Lady Chief Justice asked him to assume. He did so smilingly and always with good humour. He will be much missed. I also associate myself with noble Lords who paid tribute to the Minister for the way this legislation has been piloted through Parliament. I say that despite personally not considering it necessary. It followed the firing off of a letter from the Lord Chancellor at the first whiff of political grapeshot, but we are where we are. In particular, I thank the Minister and his team for the personal courtesy that they showed me in discussing a number of issues that arose in the course of the Bill’s passage. It is perhaps a pity that the Government accepted no amendments in the end, from any noble Lord, but I entirely understand the political imperative for that. Like others, I congratulate the Minister, if that is not thought to be impertinent, on the way in which he conducted this Bill and, more generally, on his debut in this House.

The Minister has the right, but not the duty, to reply.

I beg to move.

Bill passed.