Sentencing Bill

Debate between Lord Beith and Lord Lemos

Committee stage
Wednesday 26th November 2025 Lords Chamber

[Lord in Waiting/Government Whip (Lord Lemos) (Lab)]

My Lords, I am grateful to the noble Lord, Lord Marks of Henley-on-Thames, to the noble Lord, Lord Beith, for bringing forward Amendment 45 in his place, and for the spirit in which it has been proposed. The Government share the noble Lords’ goal and dedication to ensure that victims are properly protected within our justice system. That is why Clause 4 makes it clear that the protection of the public explicitly includes victims of crime. This is a significant and, I must stress, intentional step forward. Although I wholeheartedly share the noble Lords’ intentions and commitments, I do not believe that the additional wording proposed in the amendment would add substantive value to what is already being achieved by the changes we are making in the Bill.

Clause 4 will make it clear that courts should consider the protection of victims as part of sentencing. That is very important. This amendment would simply restate what is already made explicit by Clause 4. Of course, the Government’s commitment to protecting victims is not limited to the changes we are making in Clause 4. The noble and learned Lord, Lord Keen, asked me to comment on the centrality of victims to the justice system. I am so happy to do that that I rewrote this speaking note this morning, with the help of the officials.

The Bill contains other important measures that will protect victims. As noble Lords know, we are introducing new restriction zones, which will limit the movements of offenders instead of the movements of victims. We are also creating a new domestic abuse flag at sentencing so that domestic abusers are more consistently identified. This will help prisons and probation services manage offenders effectively and ensure that victims are better protected.

We are taking many steps outside the Bill to protect victims. We are continuing the provision of free sentencing remarks to victims of rape and sexual offences, and we are expanding the use of specialist domestic abuse courts—a very important cause, with which I have been associated for many years—with trained staff to support victims and more co-ordinated management of perpetrators.

I turn to the amendment proposed by the right reverend Prelate the Bishop of Leeds, in the absence of the right reverend Prelate the Bishop of Gloucester, who has made an important contribution to this debate by raising whether the purpose of imprisonment should be defined in legislation. I spent many years chairing the agency board of HMPPS, and one of my jobs was to set the strategy. We spent a long time debating precisely this point and how we should frame it, so I understand the issues the right reverend Prelates seek to address.

Although I agree wholeheartedly that our debates should be guided by principles and evidence, and not by headlines—the noble Lord, Lord Beith, said that one of the most important duties of new legislation is to win public confidence; I entirely share that sentiment— I am afraid that I respectfully disagree that a definition in statute is needed. The purposes of sentencing, including imprisonment, are already set out in statute and reflected in Sentencing Council guidelines. These principles should guide our courts every day and provide the flexibility needed to respond to changing circumstances and emerging threats. With those comments in mind, I ask the noble Lord, Lord Beith, to withdraw his amendment.

[Lord Beith (LD)]

My Lords, the Minister has made a good case for his reliance on Clause 4 in its reference to victims. The wider issues raised in Amendment 45A ought still to attract the Government’s interest as we proceed with the Bill, but on the basis of what has been said in this short debate, I beg leave to withdraw the amendment.