Sentencing Bill

Debate between Viscount Hailsham and Lord Sandhurst

Committee stage
Wednesday 26th November 2025 Lords Chamber

[Lord Sandhurst (Con)]

My Lords, His Majesty’s Opposition have made no secret of our profound reservations about the sweeping presumption in favour of suspended sentences. We fear that it risks sending entirely the wrong signal about the seriousness of offending and will undermine public confidence and place additional strain on already overstretched probation services. Yet, if the Government are to insist on pressing ahead with this presumption, it is incumbent upon us to ensure that public protection, good order and the prospects for genuine rehabilitation are at least properly safeguarded. That is the purpose of the amendment.

Amendment 35 would require that, where a court imposed a suspended sentence order, at least one meaningful rehabilitative or support-based requirement should be attached, whether that be engagement with NHS mental health services, substance misuse treatment, accredited offending behaviour programmes or structured education, training or employment support. The intention is clear: a suspended sentence must be more than a paper exercise; it must be a tool to reduce reoffending.

The Committee will have noticed that the list of activities is rather broad. The intention here is to permit the court to use its discretion as to which activity the offender is required to undertake. The activity or service would depend upon the particulars of the case before the court and the offender’s personal circumstances. If the offender had a history of alcoholism and their offending was related to that behaviour, the judge could require attendance at a substance misuse service. In other circumstances, the court could require an offender to undertake an apprenticeship for the purposes of rehabilitating them and helping them to become a contributing member of society.

If we are now to envisage a significant expansion in the use of suspended sentences, it is only right that Parliament builds in minimum expectations. Rehabilitation does not happen just because you want it, or by osmosis. If an offender has underlying mental health needs or substance addiction, or lacks stable employment, simply to suspend a sentence without addressing those elements that are the real drivers of crime is neither just nor sensible. It helps no one, least of all other members of the public.

Importantly, the amendment would not interfere with the sentencing powers of the independent judiciary. Rather, it would simply ensure that the court had power to enforce rehabilitative activity, for otherwise any failure to comply with this order would be considered a breach of the suspended sentence order.

I know the Minister has a long history of involvement in rehabilitation of prisoners, and I praise him for that. Hopefully, he will see that this amendment would complement that work. I beg to move.

[Viscount Hailsham (Con)]

My Lords, I entirely agree with the sense behind the amendment, but I notice that it would be a mandatory requirement—the judge must do it. My own preference, as is so often the case, is to leave it to the discretion of the judiciary. As I understand the position, they already have the power to do what is suggested and I would leave it to them—there may be exceptional cases where it is inappropriate to do so.