Rape and Serious Sexual Offences: Jury Directions

Debate between Lord Lemos and Viscount Hailsham

Monday 9th November 2026 Lords Chamber

[Lord Lemos (Lab)]

I thank the noble and learned Lord for that question. As he says, we will debate it next week. But the principles he sets out are of course the right ones, and I agree with him. I have actually read the Judicial College’s Crown Court Compendium on this subject, and I commend it to people where the guidance may be necessary. I do not want to jump the gun on this—we will debate it in relation to my noble friend Lady Levitt’s amendment next week—but the principles he lays out seem entirely responsible and sensible.

[Viscount Hailsham (Con)]

My Lords, I support my noble and learned friend on our Front Bench by saying that, subject to appropriate guidance from the Court of Appeal, directions are best left to the discretion of the trial judge, who has presided over the trial and is familiar with the issues.

[Lord Lemos (Lab)]

I think I have made it clear, but I am happy to make it clear again, that the principle of judicial independence in these cases—in all cases, indeed—is a fundamental building block of the rule of law. We are not seeking to undermine that in any way. As I have said, independent judges already can and do give direction concerning rape myths; we do not want these myths to be weaponised, but we also do not want that to compromise the independence of judges.

Criminal Justice Reform

Debate between Lord Lemos and Viscount Hailsham

Tuesday 8th September 2026 Lords Chamber

[Viscount Hailsham (Con)]

My Lords, with regard to excluding those convicted of manslaughter from early release, should we not keep in mind that manslaughter involves varying degrees of culpability, from the very serious to those which are less serious? There are cases involving, for example, a high degree of provocation or diminished responsibility, or, for example, a common assault where a single blow fells the victim who falls, hits his head on a table and dies. These are offences which vary in culpability to a high degree and I suggest that they should not be classed in one single spectrum.

[Lord Lemos (Lab)]

I entirely agree with those comments from the noble Viscount. That is absolutely right. We obviously have to be consistent in the way we apply these exemptions, but the variation he points to is exactly right.