Sentencing Council Guidelines

Debate between Lord Lemos and Lord Ponsonby of Shulbrede

Thursday 3rd April 2025 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

I agree with the noble Lord’s point. As I pointed out, I ordered these reports hundreds of times in my previous role, and I invariably did it so that the sentencing bench could make a better-informed decision. The only times I did not do it were when I could see no alternative to custody. Of course, the same situation applies now as before: any judge can order a pre-sentence report at any time. The mischief and the problem that my right honourable friend had was the perception that if particular racial groups were more likely to get a pre-sentence report, there could be a political attack—indeed, there was a political attack—that this meant that they would be less likely to be sent to prison. She saw the perception of that as the mischief, and it was the reason she brought forward her Bill. She wants to find a different way of addressing the fundamental problem, which is the disproportionality within sentencing outcomes.

[Lord Lemos (Lab)]

My Lords, I should declare my interest, as I was the lead non-executive director of His Majesty’s Prison and Probation Service from 2018 to 2025. Will my noble friend reassure the House that resources will be made available for the Probation Service, which, as he rightly said, suffered terribly under the previous Government and has been reunified into a national Probation Service only in the last few years? Will he reassure the House that resources will be found not only to improve the quantity and quality of pre-sentence reports as necessary but to increase the use of community sentences, which he referred to and which we hope will be the case following the review of sentencing by David Gauke? Lastly, will he reassure the House that this row, if I may call it that, does not influence too much the way that David Gauke’s recommendations are considered?

[Lord Ponsonby of Shulbrede (Lab)]

Yes, I can give my noble friend all the reassurances that he seeks. I share the objectives that he alluded to. Clearly, we want a greater quantity and quality of pre-sentence reports. The review being undertaken by David Gauke will be far more wide-ranging. We wait to see the specific details that it will bring forward but I very much hope that this specific issue, which is dealt with in the Bill currently before the House of Commons, will have a minimal impact, if any, on the recommendations of the Gauke review.