Sentencing Bill

Debate between Lord Foster of Bath and Viscount Hailsham

Committee stage
Wednesday 26th November 2025 Lords Chamber

[Viscount Hailsham (Con)]

My Lords, I entirely agree with the sense behind the amendment, but I notice that it would be a mandatory requirement—the judge must do it. My own preference, as is so often the case, is to leave it to the discretion of the judiciary. As I understand the position, they already have the power to do what is suggested and I would leave it to them—there may be exceptional cases where it is inappropriate to do so.

[Lord Foster of Bath (LD)]

My Lords, I said earlier that there would be few occasions when I was likely to agree with the noble and learned Lord—I am sorry, I have forgotten his name—Lord Keen. In fairness, I should have added at the same time the noble Lord, Lord Sandhurst, because he has just moved an amendment that, in view of what I have said, he might have expected me to disagree with, but actually I very much agree with the broad thrust of what it proposes, although I accept the point made by the noble Viscount, Lord— I am trying to remember his name too; I apologise, my mind is going tonight—Hailsham.

I referred earlier to a report from the Justice and Home Affairs Select Committee when it was chaired by my noble friend Lady Hamwee—whose name I have been able to remember. That report was called Cutting Crime: Better Community Sentences. I referred to the fact that statistics show that current community sentences reduce the level of reoffending in comparison to those on short-term prison sentences, though I accept the caution of the noble and learned Lord, Lord Keen, when it comes to how we interpret those statistics. Still, we know that they are already better.