Sentencing Bill

Debate between Lord Russell of Liverpool and Lord Timpson

3rd reading
Monday 12th January 2026 Lords Chamber

[Lord Russell of Liverpool (CB)]

My Lords, I will not follow the noble and learned Lord who has just sat down and go into the politics of this because I do not think this is the time or place. I do, however, congratulate the Minister on the way he has managed the Bill through this House. It is an exemplary example of someone coming in from the private sector with a successful track record of leading an unusual business and transferring that expertise, apparently effortlessly and flawlessly, into your Lordships’ House. He is an example for other new arrivals on the Front Bench alongside him to learn from; a few seminars with him would do them the world of good.

I will now briefly return to a subject that will not surprise the Minister or the noble and learned Lord, Lord Stewart, which is an issue we spoke about and had meetings about: perpetrators of domestic abuse and stalkers being released earlier than they should be. The Minister has been kind enough to suggest another meeting, so I can tell him that knocking on his door will be the Domestic Abuse Commissioner Dame Nicole Jacobs and the new Victims’ Commissioner Claire Waxman; her diary permitting, the Minister can also expect the noble Baroness, Lady May of Maidenhead, who will provide some real weight, and I gather she is one of the people who made the Minister actually think about going into public life. Finally, I will be there as the token male.

[Lord Timpson (Lab)]

I thank all noble and learned and noble Lords for their very kind feedback. I have never had an appraisal in my career; this is the first one I have had, and I will take the feedback. All noble Lords are welcome to knock on my door at any time, because I learn so much from what they bring, which makes what I am trying to do far better. I am extremely grateful to all noble Lords and my noble friend Lord Lemos for guiding me along the way on this and for contributing on very important parts of this Bill. Everyone has contributed to make this a very good Bill. Again, I thank all noble Lords and I beg to move.

Sentencing Bill

Debate between Lord Russell of Liverpool and Lord Timpson

Committee stage
Wednesday 3rd December 2025 Lords Chamber

[Lord Timpson (Lab)]

My Lords, I am grateful to the noble Lord, Lord Russell of Liverpool, for this amendment and for raising awareness of the Marie Collins Foundation on the first day of Committee. I am looking forward to meeting a representative of the foundation, with the noble Lord, on this matter, I think in the coming weeks.

The unduly lenient sentence scheme allows any person to request that the Attorney-General consider referring a sentence to the Court of Appeal for review if they believe it is unduly lenient. I have in fact been listening to some very interesting podcasts to learn more about this topic. This amendment would create a specific right for victims of technology-assisted child sexual abuse offences and, where the victim is a child, for their next of kin to apply to the unduly lenient sentence scheme, even where the sentence was imposed in a magistrates’ court. Currently, the unduly lenient sentence scheme covers all indictable-only offences, such as murder, manslaughter, rape and robbery, as well as certain specified triable either way offences sentenced in the Crown Court, including stalking and most child sex offences.

Parliament intended the unduly lenient sentence scheme to be an exceptional power and any expansion of its scope must be approached with great care. The Law Commission is currently reviewing criminal appeals, including the range of offences within the scheme, and expects to publish recommendations in late 2026. When it comes to sentencing for child sexual offences, the data shows significant variation by offence type. Around 20% of offenders convicted of sexual offences against children receive an immediate custodial sentence. This rises to approximately 70% for the most serious crimes, such as sexual assault of a child under 13, familial sexual offences and possession of indecent or prohibited images. These patterns have remained broadly consistent over the past five years.

As I have noted previously in Committee, sentencing decisions in individual cases are for our independent judiciary, guided by robust Sentencing Council guidelines that already address technology-enabled offending. For example, the guidelines require courts to consider intended harm even where no actual child exists and to take account of aggravating factors such as image sharing, abuse of trust and threats. While I fully recognise the importance and severity of the issue raised by the noble Lord, given the exceptional nature of the unduly lenient sentence scheme and the ongoing Law Commission review of criminal appeals, I respectfully ask him to withdraw his amendment.

[Lord Russell of Liverpool (CB)]

I thank the Minister for his response, which was pretty much what I think probably all of us expected. There is a case to be made for looking at this more carefully. The exponential rise in the volume of this type of abuse using technology has outpaced the ability of the system to understand what is going on. It has outpaced the statistics that the Minister mentioned. That is the tip of the iceberg; it does not actually tell one what is going on.

As in so many cases to do with the online world, we are all behind the curve. This is happening now, in plain sight; it is not theoretical. I hope that, in the meetings that we will have, we can explore this more fully and explain the extent and the depth of this and the deeply worrying link that is increasingly being demonstrated between perpetrators abusing online, using images, and then at some point moving on to actual physical abuse of children. I hope that we can explore that in more detail. I thank all noble Lords who contributed and, on that basis, I beg leave to withdraw the amendment.

--- Later in debate ---

[Lord Russell of Liverpool (CB)]

My Lords, can I ask for a bit of advice on the procedure, because we got slightly out of order in this group? Mistakenly, the first four amendments in the group were not moved but were then spoken to. I stood up first and spoke to Amendment 114, so I am not quite sure whether it is me who is meant to reply to the Minister, but if everyone is happy and Jake the clerk is happy, then I am happy.

I thank the Minister for his response, but the Domestic Abuse Commissioner feels that she has genuine reasons for concern. It would be helpful, if the Minister agrees, for him to meet us between now and Report. We feel strongly enough that if we are not able to resolve this to her satisfaction, we will certainly want to bring it back on Report and may take it to a Division.

[Lord Timpson (Lab)]

I am very happy to meet as suggested. It is a very good idea.

[Lord Russell of Liverpool (CB)]

I thank the Minister. On that basis, I beg leave to withdraw the amendment.