Criminal Court Reform

Lord Boateng Excerpts

Tuesday 2nd December 2025 Lords Chamber

[Baroness Levitt (Lab)]

I thank the noble Lord for his observations. As far as reasons are concerned, yes, absolutely: judges sitting alone will give reasons. Not only is it useful for appellants to know why but it can be useful for witnesses as well.

One often hears victims who have been through the system say that if the case results in an acquittal, that is bad enough, but not knowing why the defendant was acquitted is really hard for them. Transparency is important in the criminal justice system, as it is in all systems. That is one of the reasons why we are now going to make the magistrates’ court a court of record. All proceedings in the magistrates’ court will be tape-recorded, and we are going to use artificial intelligence to provide transcripts so that people can get transcripts of what has happened much more often and can follow and read at their leisure.

As far as the point about serious cases is concerned, I have been very careful not to talk about seriousness but to talk about length of sentence. Every case is serious to those involved in it, particularly to the victims, and it would be wrong to downplay that. It is also important to note that the magistrates’ court consists of not just lay justices—justice by your peers—but professional magistrates, known as district judges these days. It is a combination who deal with these matters.

[Lord Boateng (Lab)]

My Lords, at the end of the day, are not random and conscientious people taken off the street the best safeguards of our civil liberties against an overmighty and oppressive state? If any one of us here were to be charged with a criminal offence, would we not rather put our trust and confidence in a jury rather than in a state appointee? Are not juries the best way of linking ordinary people to our criminal justice system?

[Baroness Levitt (Lab)]

My noble friend might have a point if it were not for the fact that 90% of cases are currently being dealt with in the magistrates’ court. They are not dealt with by juries.

[Lord Boateng (Lab)]

By lay people.

[Baroness Levitt (Lab)]

They are not all dealt with by lay people at all; they are dealt with by district judges as well. They are state appointees. They used to be known as stipendiary magistrates—my noble friend knows this perfectly well; he has practised in those courts. Stipendiary magistrates have a part to play and so do lay people. The important thing is that they have to give reasoned rulings. We have to have a system that is proportionate and fair and deals with everybody’s interests, not just those of a few.

Sentencing Council Guidelines

Lord Boateng Excerpts

Thursday 3rd April 2025 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

I agree with all the points the noble and learned Lord has made. It is for sentencers to sentence in a way that can be understood by the offender, the victim and the public. All our adult courts are open to the public and the press. It is also true in youth courts, which are not open to the public, but the same principle obtains. It is worth adding that, in my experience, pre-sentence reports compiled for the youth court are far more extensive than those compiled for the adult court. When it comes to the extent of pre-sentence reports, the Probation Service, which compiles them for the adult courts, has something to learn from YOTs that compile reports for youths who are sentenced. I realise that that is a resource issue, but nevertheless when one sentences, as I used to do very regularly, the difference in those reports was quite stark.

[Lord Boateng (Lab)]

My Lords, I declare my interest in the register as a non-practicing member of the Bar of England and Wales. I have also been a Minister of State in the Home Office, so the Minister has my sympathy. Will he please address this issue? He has described the disadvantageous treatment of black and brown people of colour under the criminal justice system as a mischief. He has accepted the Lammy report, as did the previous Government. He said that the Government believe that there is a better way to deal with that mischief. What is that better way, and when will Ministers, having slapped down the Sentencing Council, do something about it?

[Lord Ponsonby of Shulbrede (Lab)]

Clearly, I cannot give a time or date in answer to my noble friend’s question about when the review will conclude. It is a complex issue, as he knows as well as I do. One very important factor is that all people who come in front of courts should believe that they will be treated equally fairly. If they are aware of differential sentencing guidelines, that undermines that trust. That is the fundamental belief of the Lord Chancellor, and it is one that I share. It is a complex question. We acknowledge the fundamental mischief, but we want to find a better way of addressing the discrimination in the system without anyone who comes up in court believing that they are going to be treated differentially from anyone else.