Sentencing Council Guidelines

Lord Thomas of Cwmgiedd Excerpts

Thursday 3rd April 2025 Lords Chamber

[Lord Thomas of Cwmgiedd (CB)]

My Lords, I do not think there is any dispute whatever about the principles upon which judges should sentence. Most of them are laid down in the Sentencing Code, and there is absolute agreement on equality before the law. I also think everyone recognises the achievement of the Sentencing Council in going a long way to achieve consistency and to educate the public in understanding the way in which sentencing operates, but—and I do this without wishing to enter into the political debate—we find ourselves constrained by resources, and when resources are tight, problems arise. Therefore, I greatly welcomed the Lord Chancellor saying yesterday in the other place that she would make more resources available to the Probation Service.

However, my experience has been twofold. First, we have a constitution that operates on a degree of partnership between the Lord Chancellor and the head of the judiciary, the Lord Chief Justice. Secondly, at times when resources are tight, people forget that our whole constitution operates on interdependence, not just independence, between the different branches of government. I hope that we can follow the example of the late Lord Judge and Mr Straw, who together crafted this legislation—I was there when it happened. There will be disagreements. I see with pleasure that a former Lord Chancellor is in his place in the Chamber. We used to discuss things often. Unsurprisingly, we did not see eye to eye on everything but we managed to find a way forward. Can the Minister assure us that everything will be done to try to make this work in discussion, in partnership and in keeping this whole thing out of politics, which is so destructive to the independence of the sentencing process?

[Lord Ponsonby of Shulbrede (Lab)]

I thank the noble and learned Lord for his wise words and his analysis. Of course I acknowledge the point he made about resources. I earlier pointed to the discrepancy between youth and adult pre-sentence reports. The fact of the matter is that it is a resource issue. This is one very specific example, but the noble and learned Lord’s general point is absolutely right.

The other point the noble and learned Lord made about the interdependence of judges and the political leadership, if I can put it like that, as well as the independence, was also right. Protecting that is very important. Nevertheless, we believe that this example of the way different ethnic groups should be addressed within sentencing guidance is a policy issue. That is why my right honourable friend the Lord Chancellor has acted as she has in introducing this specific and targeted Bill. Nevertheless, the more general point that the noble and learned Lord makes about the importance of partnership and discussion is right. I thank him for making those points.