Sentencing Guidelines (Pre-sentence Reports) Bill

Debate between Lord Timpson and Lord Thomas of Gresford

Committee stage
Monday 19th May 2025 Grand Committee

[Lord Timpson (Lab)]

The Sentencing Council was very helpful in pausing its decisions. The noble Lord is right: there are a lot of moving parts at the moment, and we are waiting with bated breath for news of publication dates. But I am aware that we also want to pursue and get on with the fact that we do not want people to be treated unequally in front of a court.

[Lord Thomas of Gresford (LD)]

The Lammy report made it clear that there is inequality for certain groups because of their particular characteristics. My noble friend Lady Bakewell referred to the Gypsies. I declare an interest as a Welsh Gypsy, and I thank her for her support. What research is there to show that the obtaining of a PSR causes preferential treatment? What research is there to show that a judge will give a more lenient sentence if he has a PSR before him? Is there any and, if not, why not, before a Bill like this is brought forward? Surely the noble Lord will agree with what I said before: the more a sentencer knows about a person, the better it is and the better the sentence, both for the individual and for the community.

[Lord Timpson (Lab)]

We are doing a large amount of work on collecting the data to understand the issue more widely, but I will write to the noble Lord with the exact information.

[Lord Thomas of Gresford (LD)]

There is no research, and this Bill has been brought forward on a premise that, from my experience, is wrong. It is that the provision of a pre-sentence report means that the judge will go easier upon the defendant. I think that is wrong and, without research, I do not see how you can bring this Bill forward.

[The Lord Bishop of Gloucester]

I appreciate that the Minister is in an interminable situation, but he did not actually respond to my key point, which is that there is an existing protection including the current mitigating factor for pregnancy. I drew attention to what was published in April last year, which already directs sentencers to obtain a PSR before sentencing and to adjourn sentencing until one is available, but this Bill is now making that unlawful. That is my key point.