Sentencing Bill

Baroness Bennett of Manor Castle Excerpts

Wednesday 3rd December 2025 Lords Chamber

Moved by

[Baroness Bennett of Manor Castle]

124A: Clause 35, page 65, leave out lines 22 to 34
Member's explanatory statement
This amendment, and others in the name of Baroness Jones of Moulescoomb, seeks to remove the power of providers of probation services to publish photographs of the offender.

[Baroness Bennett of Manor Castle (GP)]

My Lords, in moving Amendment 124A tabled by my noble friend Lady Jones of Moulsecoomb, I shall speak also to Amendments 124B to 124F. I note that there is also a Clause 35 stand part notice in this group in the name of the noble Lord, Lord Marks, which has the same aims—we have just taken different routes to the same intended outcome.

These amendments are linked with one aim. If we are serious about reducing reoffending and rebuilding lives, we cannot allow public humiliation to be smuggled into the justice system through the back door—but that is exactly what Clause 35 does. It proposes giving Probation Service providers the power to publish the names and photographs of people carrying out unpaid work as part of their sentence. What could be the purpose of this measure? What problem is it solving? It does not support rehabilitation. It is not going to reduce reoffending. It appears to make humiliation part of the sentence given to the offender, and not just the offender but the people around them—their family and friends, potentially. This is a significant departure from evidence-based practice and threatens to undermine the goals that we claim to be pursuing.

I note that the Chief Inspector of Probation has warned that naming and shaming offenders is likely to act as a disincentive to rehabilitation and that, instead of encouraging compliance, it risks pushing people away from engagement entirely. If someone is planning to turn up, do the work and meet the terms of the order, why on earth would we introduce a measure that is likely to be an active discouragement for that? The evidence tells us that reintegration into their community, into employment, is what prevents reoffending. Public exposure will have the opposite effect. Probation officers, through their union, have raised alarm about the outcome for families, especially for children, who can bear the weight of a sentence for a crime that they did not commit. We know of cases where children have been bullied, harassed and even forced to change schools because a parent’s offending has been publicly exposed.

This is not just the view of a few organisations; 24 charities and experts, people who are working day in and day out with children and families affected by the justice system, have put out a joint letter opposing this clause. They warn about photographing people on unpaid work and publishing the images online, where they may remain indefinitely. We now have photo recognition software, so we can expect this only to get worse in future, and that will follow people for life. It risks making it harder to get a job or secure housing; it risks vigilantism and violence, and it risks damaging the children. We have international obligations to uphold the UN Convention on the Rights of the Child. We should consider the best interests of a child in every policy decision, yet this clause very clearly does not.

I can see that some other noble Lords wish to speak, so I will stop now, but I think there are very strong and unanimous feelings on this clause and the wrong direction that it is heading in.

[Baroness Chakrabarti (Lab)]

My Lords, I support the noble Baroness, Lady Bennett of Manor Castle. Parliamentary draftsmen have been appropriately euphemistic in the title of Clause 35, but they could have drafted it: “Naming and shaming of offenders in the community”. I oppose Clause 35, and therefore support the amendments in that vein, because it is contrary to the ambitions of the Bill as a whole, undermines rehabilitation and therefore the prevention of further crimes and is outwith the philosophy of the Bill. I hope and believe that the Government are better than Clause 35, and I know that my noble friend the Minister is better than this. With his characteristic humility, he described himself as a simple entrepreneur who ran a business to mend shoes, but he also ran a business to mend humans—in both cases attempting to save “soles”.

--- Later in debate ---

[Lord Timpson (Lab)]

I thank the noble Baronesses, Lady Jones and Lady Bennett, and the noble Lords, Lord Marks and Lord Beith, for tabling these amendments and raising their concerns about Clause 35. I also thank the noble Lords, Lord Foster and Lord Bach, for raising their concerns.

I am sure we can agree that people who commit crimes should show that they are giving back to society. This clause is about building public confidence in community sentences. Local communities should know that those who harm them are paying back and be able to see the positive work being done. As my noble friend Lady Chakrabarti pointed out, it is important that they can clearly see the benefits of community payback and have their say on the work undertaken by nominating projects in their area.

I understand there may be concerns about the potential impacts of this measure and I reassure noble Lords that careful consideration is being given to how it is implemented. I have listened to noble Lords’ comments and will take them away to thoroughly consider. I also reassure noble Lords that publication will not apply in all cases. Exemption criteria will be set out in secondary legislation. This will be used alongside clear operational guidance on the circumstances where publishing would not be appropriate. The criteria are to be determined but may include factors such as specific offence types or personal circumstances which present heightened risks to the offender, their families or others. Probation practitioners will use this guidance and their professional assessment to determine the right course of action. We should have confidence that they will use the power only where appropriate. I confirm to noble Lords that I have heard the points they have made and reiterate that we will reflect carefully before Report.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I thank the Minister for his response and take encouragement from the phrase “thoroughly consider”. I hope, speaking as a former newspaper editor, that the noble Lord, Lord Foster, is right that yes, sometimes newspapers are right. We can live in hope.

I thank all noble Lords who have taken part in this debate. The hour is late, but we have had a very clear and engaged debate and a very clear direction of travel, even from the Conservative Front Bench. I think a fair characterisation would be that there is a great degree of scepticism about Clause 35.

I have just a couple of things to pick out. The noble Lord, Lord Marks, made a very important point about the relationship between probation officers and their clients. That really deserves extra consideration. I particularly thank the noble Baroness, Lady Chakrabarti, and the noble Lord, Lord Bach, for bringing their experience and knowledge and bravely delivering a clear message from the Government Benches.

Finally, I note that we have heard from both the current chair of the Justice and Home Affairs Committee and its former chair, the noble Baroness, Lady Hamwee. The messages are coming to the Government from all angles. We reserve the right to bring this back on Report, but I very much hope that will not be necessary. In the meantime, I beg leave to withdraw the amendment.

Amendment 124A withdrawn.