Rape and Serious Sexual Offences: Jury Directions

Debate between Baroness Stowell of Beeston and Lord Lemos

Monday 9th November 2026 Lords Chamber

[Lord Lemos (Lab)]

The Government support the exercise of independent judicial discretion. We are, as the noble and learned Lord knows, taking measures in the Courts and Tribunals Bill to ensure that evidence in relation to previous sexual behaviour that should be inadmissible is inadmissible. There is also our approach to the relevance of previous domestic abuse convictions. Of course, judicial independence is absolutely essential to the rule of law.

[Baroness Stowell of Beeston (Con)]

My Lords, I echo the Minister’s tribute to the women, and I would extend it to the journalists and media who have been quite dogged in this case. Does the Minister agree that any new anti-SLAPP law must contain an accessible early dismissal mechanism, such as that in my Private Member’s Bill, which is based on objective tests, to ensure that everyone subject to a SLAPP can access that mechanism? This includes litigants in person, such as Sylvie Berki, who has been subject to the most draconian injunction by Russell Brand—for life—preventing her even speaking to the police after accusing him of assault in 2014.

[Lord Lemos (Lab)]

I thank the noble Baroness. As I have said, I will not comment on the Russell Brand case—

[Baroness Stowell of Beeston (Con)]

I am asking about SLAPPs.

[Lord Lemos (Lab)]

We will have an opportunity to debate SLAPPs again, not least in relation to the noble Baroness’s Private Member’s Bill.

Criminal Justice Reform

Debate between Baroness Stowell of Beeston and Lord Lemos

Tuesday 8th September 2026 Lords Chamber

[Lord Lemos (Lab)]

I need to be straightforward with the noble Lord. Prison numbers are not going to come down quickly; in fact, they are going to rise. That is why we are building new prisons. A number of noble Lords have asked about reducing reoffending. The Government have done a great deal about reducing reoffending. Indeed, HMPPS had a great deal of support from the previous Government, financially, to build up our capacity for housing and for drug treatment, and my noble friend Lord Timpson did a great deal on the employment front. But I should say that what will not reduce reoffending, in any circumstances, is overcrowded prisons with overstretched staff operating in an environment that is extremely disruptive. If we want people not to reoffend, the way to achieve it is to have highly motivated staff working in a reasonable way, with the support and the facilities that are available, in the way that my noble friend Lord Timpson sought to achieve.

[Baroness Stowell of Beeston (Con)]

My Lords, the Government’s early release scheme has clearly created a lot of concern among the wider public, so can the Minister provide any data on how many offenders who have been released under this scheme have since been returned to prison? Can he also commit to providing regular data updates on any prisoners who have to be returned to prison after being released early?

[Lord Lemos (Lab)]

Well, these arrangements are not coming in until the beginning of October.

[Baroness Stowell of Beeston (Con)]

There have been prisoners released.

[Lord Lemos (Lab)]

There have been prisoners released at the end of their sentences for a long time. We do publish data on prisoner releases and will continue to do so.