Sentencing Bill

Baroness Prashar Excerpts

2nd reading
Wednesday 12th November 2025 Lords Chamber

[Baroness Prashar (CB)]

My Lords, before I make my remarks, I declare two interests. I am a member of the Justice and Home Affairs Select Committee of the House of Lords, which is so admirably chaired by the noble Lord, Lord Foster. I am also an officeholder of the All-Party Group on Penal Affairs.

The Bill sets out important reforms to reduce the unnecessary use of custodial sentences, tackle over- crowding, reduce offending and protect victims. I welcome all that, but I want to highlight some of my concerns, which I hope we can deal with in Committee.

The Bill quite rightly bolsters suspended sentences. However, we must guard against more use of suspended sentences instead of community orders, because evidence shows that suspended sentences are imposed on those who should have received community orders. Community orders are not a soft option. With the right investment, intensive community sentences can succeed where short sentences fail. We know that community orders are flexible and allow individuals to tackle the root causes of offending by engaging with mental health, alcohol and drug treatment while retaining their work, home and community ties.

We know that the use of community sentences has more than halved in recent years. We need to encourage greater use of community orders, not less. We also know that female offenders in particular benefit from community orders. The committee on which I sit published a report, Cutting Crime: Better Community Sentences, which highlighted a number of best practices in this area—which, given the time, I will not repeat. If we do not use these sentences, it will defeat the Bill’s objective by simply delaying custodial sentences.

While greater use of community orders is desirable, we also know that, as others have said, their full potential will not be maximised until the Probation Service is fully functional. The Government’s commitment to invest £700 million is welcome, but there will be a shortfall of staff and a time lag in getting staff levels and training up to speed to meet the Bill’s expectations. Furthermore, the Probation Service needs community-based voluntary organisations to be effective. When services are provided locally, various agencies can co-operate effectively. In our report, we argue:

“The colocation and co-commissioning of services are the gold standard”.


Investment in the Probation Service and community-based organisations is crucial if we are to maintain public trust in community sentences.

The earned progression model in the Bill differs from that recommended by the independent sentencing review. The Bill does not include incentives to engage in purposeful activity within the prison before release. There are, however, challenges to the implementation of an earned progression framework, particularly while someone is in prison. Issues of concern—some of them have been highlighted—are, of course, the current overcrowding, a lack of purposeful activity, unequal progression within the prison estate, an unfair adjudication system and the problem of added days. These need to be tackled; without doing so, the progression model will be ineffective in easing the prison capacity crisis and reducing offending.

The second part of the progression model will see those released entering intensive supervision and increased use of electronic monitoring or tagging. The Government have confirmed that tagging will be automatically applied to offenders at the point of release into the second part of the progression model. It is estimated that this would double the number of those tagged. Tagging can be an effective part of community supervision, but at present there is no clear strategy, clarity or guidelines on how the expansion of the use of tagging should be monitored and its impact on the Probation Service.

Disproportionate use of tagging can be counter- productive, particularly for women. Furthermore, small technical breaches that do not amount to reoffending could result in incarceration, thus defeating the objective of the Bill. Earlier this month, the Justice and Home Affairs Committee sent a letter to the Ministry of Justice on the use of electronic monitoring, to which I am sure the noble Lord, Lord Foster, will refer.

To succeed, this Bill will require investment in the Probation Service, promotion of the benefits of community orders and a clear strategy on tagging. My final concern is, of course, about the Sentencing Council, which has already been referred to by the noble Lord, Lord Beith, and the noble and learned Lord, Lord Burnett of Maldon. I will not go into it; all I will say is that, although I recognise the importance of Parliament’s role in overseeing sentencing policy, forcing accountability and monitoring its effectiveness, this measure risks the Executive curtailing the independence of the Sentencing Council. The reaction to what happened before, when we had the other Bill, was rather over the top and this particular measure is, in my view, unnecessary. We should concentrate on sentencing and supporting the Sentencing Council’s independence in any way we can.

Community Sentences (Justice and Home Affairs Committee Report)

Baroness Prashar Excerpts

Friday 26th July 2024 Lords Chamber

[Baroness Prashar (CB)]

My Lords, I thank the noble Baroness, Lady Hamwee, for introducing this debate and for her very skilful chairing of the Justice and Home Affairs Committee. Her thoughtful and probing approach was a real asset to the committee. My thanks also go to the clerks, researchers and special advisers for the excellent support that they provided. It was also a pleasure to work with the other members of the committee.

I also take this opportunity to extend a very warm welcome to the noble Lord, Lord Timpson, and congratulate him on his elevation and appointment as Minister with responsibility for prisons, parole and probation. As a former chairman of the Parole Board, I am delighted that he is undertaking this task. I cannot think of a better person to help us develop a more effective strategy for prisons and shape a more responsible debate about crime and prisons. The point about trust is well noted.

We had a response to the report by the previous Government. As the noble Baroness, Lady Hamwee, said, it was encouraging, but I hope that the new Government will approach this issue with vigour and determined commitment.

The noble Baroness, Lady Hamwee, has covered the findings of our report very comprehensively and admirably. I will focus on just two issues I feel quite strongly about. The first is public opinion on matters of crime, prison and justice. We did not cover this in the report, but we must recognise that we need to shape public opinion to get a better debate on these issues. The second is the Probation Service and a need for better, improved rehabilitation provisions in the community. The noble Baroness, Lady Hamwee, mentioned the expertise we have in the third sector.

The first thing, which should be said quite emphatically, is that non-custodial sentences are not a soft option. To create support for non-custodial sentences, we need to change public perception and the public narrative. We need to ensure that people understand what prisons are for. We need to do much more to enhance public confidence in the criminal justice system and sentencing. An evidence-based change in approach to communication is much needed.

The lack of confidence is exacerbated by the reinforcement of unhelpful beliefs in how we talk about crime and justice: we prioritise punishment and prisons, and leave other necessary measures, such as non-custodial sentences, out of the narrative. We have a duty to ensure that the question of public discourse about crime and punishment is taken very seriously. Offenders, once they have served their sentences, have to be integrated into the community. Rehabilitation is a necessary part of public protection, so those who commit less serious offences can be treated in the community. We know that prison, on the contrary, is a training ground for turning less serious offenders into hardened criminals.

There is also a responsibility for the media to be accurate in reporting and not perpetuate misunderstandings of the law and sentencing. Maybe we should consider whether we need guidelines for the media on the way these things are reported. The Sentencing Council has a role too. It should be supported to expand its communication across both traditional and social media. How to engage the public should be an integral part of the discourse about non-custodial sentences and needs attention. In other words, there is a need for a very proactive role in communicating this. Is this something the Government intend to pay greater attention to?

Moving on to our report, the evidence we gathered shows that offending and reoffending can be reduced through rigorous non-custodial sentences. With the right investment, appropriate provision in the community and support for the Probation Service, non-custodial sentences can be very effective. They reduce reoffending and, in the long run, pressures on prisons. We found that there was a drop in the use of community sentences—their use has more than halved in recent years. Along with changing public perceptions, what is needed is an increase in the provision of effective rehabilitative services in the community, particularly for the treatment of addictions and mental ill-health, with services tailored to the needs of individuals.

In our report, we give examples of good practice drawn from support for women and young offenders. We believe that this can be replicated. Targeted investment in treatment places is required. Those which work best are the ones provided locally and where all the agencies concerned actually co-operate. We also need incentives to encourage low-level repeat offenders to engage with rehabilitation.

The Probation Service should be encouraged to place trust in the expert and experienced third sector. That needs quite a bit of attention. The forthcoming commissioning process is an opportunity. Maybe the focus should be on increasing the numbers, longer contracts, partnership working and adequate funding. Will the Government use the upcoming wave of commissioning as an opportunity to apply the lessons of the past two years? Are there plans to use the commissioning process to make the changes recommended in this report?

As we heard, the Probation Service has been subjected to enormous changes. It has been pulled and pushed in different directions, which has led to an identity crisis: pushed into being a law enforcement agency, with a greater emphasis on public protection and less on rehabilitation of offenders. Inevitably, this has led to less concentration on less serious offenders. Faced with massive changes and unrealistic expectations, along with unimaginable case loads, this affected its performance and its ability to focus on less serious offenders and produce timely pre-sentence reports. We need a well-supported, well-trained and adequately resourced Probation Service that is not subjected to constant change and contradictory expectations. The current changes announced on early release will put further pressure on the Probation Service. What steps are being taken to mitigate the impact on it?

It is extremely encouraging that we now have a Minister who is well versed on prison reform. I look forward to his response to our recommendations and, going forward, to a more enlightened debate on penal policy.