Sentencing Guidelines (Pre-sentence Reports) Bill

Jeremy Wright Excerpts

Committee of the whole House & Report stage
Wednesday 30th April 2025 Commons Chamber

[Sir Jeremy Wright (Kenilworth and Southam) (Con)]

I beg to move amendment 1, page 1, line 6, leave out

“different personal characteristics of an offender”

and insert

“an offender’s membership of a particular demographic cohort.”

[The Second Deputy Chairman]

With this it will be convenient to discuss the following:

Amendment 3, page 1, line 7, at end insert—

“(2A) After subsection (7) insert—

‘(7A) In the case of guidelines within subsection (4) about pre-sentence reports, the Council must, after making any amendments of the guidelines which it considers appropriate, obtain the consent of the Secretary of State before issuing sentencing guidelines as definitive guidelines.

(7B) In any case to which subsection (7A) applies, the Secretary of State may—

(a) consent to the issuing of guideline as definitive guidelines,

(b) refuse consent for the issuing of guidelines as definitive guidelines, or

(c) direct the Council to issue the guidelines in an amended form as definitive guidelines.

(7C) Where the Secretary of State has consented to the issuing of guidelines under subsection (7B)(a) or has directed the Council to issue guidelines in an amended form under subsection (7B)(c), the Council must issue the guidelines as definitive guidelines in the appropriate form”.”

This amendment stops sentencing guidelines about pre-sentence reports coming into force unless approved by the Lord Chancellor.

Amendment 2, page 1, leave out line 10 and insert—

““a particular demographic cohort’ may include those related to—”.

Amendment 4, page 1, line 13, at end insert—

“(d) status as part of a group that may have experienced trauma from experiences of racism or discrimination—

(i) inter-generationally and relayed to the defendant, or

(ii) as a result of important historical events which may have had a greater impact on those from specific groups and cultures.”

This amendment would ensure that sentencing guidelines about pre-sentence reports cannot include a defendant’s status as part of a group, particularly not if this involves considering events that may not have impacted the defendant personally.

Clauses 1 and 2 stand part.

New clause 1—Independent review—

“(1) The Secretary of State must arrange for an independent review to be carried out of—

(a) the effects of the changes made to section 120 of the Coroners and Justice Act 2009 by section 1, and

(b) sentencing guidelines about pre-sentence reports.

(2) The Secretary of State must, after consultation with the Sentencing Council, appoint a person with professional experience relating to pre-sentence reports to conduct the review.

(3) The review must be completed within two years of the passing of this Act.

(4) As soon as practicable after a person has carried out the review, the person must—

(a) produce a report of the outcome of the review, and

(b) send a copy of the report to the Secretary of State.

(5) The Secretary of State must lay before each House of Parliament a copy of the report sent under subsection (4)(b) within one month of receiving the report.”

[Sir Jeremy Wright]

It is worthwhile at the outset of all debates on this Bill to restate that it is about pre-sentence reports that give information to sentencers that may be used in sentencing decisions, not about the passing of sentences themselves. Specifically, the Bill is about the guidelines issued by the Sentencing Council to sentencers about the circumstances in which a pre-sentence report should normally be asked for, and about the sort of information about an offender which such a report may provide and which may be appropriate to consider and take into account before deciding on an appropriate sentence in that offender’s case.

There has been broad agreement—I see the Mother of the House, the right hon. Member for Hackney North and Stoke Newington (Ms Abbott), in her place, so I will not say unanimity—that an offender’s ethnicity, race, culture or faith are on their own not that sort of information and that the Sentencing Council was wrong to suggest that pre-sentence reports should be awarded on that basis. I would argue that is because, even if there may be points to make about the treatment or experience of members of the ethnic, faith or cultural group to which the offender in question happens to belong, what is relevant to the sentencing of that offender can only be the treatment or experience to which the particular offender has themselves been subject, not whether they have arisen in the cases of other members of the same group who are not before the court. That is effectively the impact of amendment 4 in the name of the shadow Minister, my hon. Friend the Member for Bexhill and Battle (Dr Mullan). That is why the Government are right to seek to exclude even from the process of asking for a pre-sentence report—let alone from passing sentence itself—the making of decisions based only on membership of such a group. That is after all what the Government have said this Bill is for.

These groups are described in the explanatory notes to the Bill as “particular demographic cohorts”. Paragraph 8 says,

“The Bill is intended to ensure that Sentencing Guidelines are drafted in such a way as to prevent differential treatment and maintain equality before the law. It does this by preventing the creation of a presumption regarding whether a pre-sentence report should be obtained based on an offender’s membership of a particular demographic cohort, rather than the particular circumstances of that individual.”

Despite that explanation in the explanatory notes, the Bill goes further than that by prohibiting the Sentencing Council from including in a sentencing guideline any

“provision framed by reference to different personal characteristics of an offender.”

That is what clause 1(2) says in inserting language into the Coroners and Justice Act 2009. I think that language is significantly wider in impact than reference to membership of particular demographic cohorts—undesirably so, in my view. That is why I have tabled amendment 1, which would adopt the language used in the explanatory notes.

Let me explain why I think that would be preferable. My starting point is that I do not believe all personal characteristics are inappropriate to consider in a sentencing decision. There is, of course, much more to be considered in a sentencing decision than simply information about the offender, particularly the seriousness of the offence and its consequences, but relevant information about the offender is needed as part of the process. It surely cannot be right, then, to prohibit the Sentencing Council from encouraging sentencers to find out more about some of the personal characteristics that are relevant in reaching a more informed and therefore better sentencing decision—for example, a physical or learning difficulty, or a brain injury from which an offender will not recover.

The relevance of that information is not just in forming a fuller picture of the offender to be sentenced, but in assisting a sentencer to know whether that offender is capable of carrying out aspects of a community order, including work in the community, which the sentencer may want to consider as a potential sentencing option. It is worth underlining of course that the ordering of a pre-sentence report—whatever it says when it is produced—does not bind the hands of a sentencer to do as it recommends, but in reality, without one a sentencer’s options are often more limited. That is why guidance on when to ask for a pre-sentence report matters.

[Dr Luke Evans (Hinckley and Bosworth) (Con)]

I defer to my right hon. and learned Friend’s experience, but is there not an argument for every case to have a pre-sentence report in order to truly understand what an individual has faced and whether there are any mitigating factors? I appreciate that that could create a backlog for these services, but is it not one possible solution to the problem that the Sentencing Council was worried about—namely, that different cohorts might have different sentencing outcomes?

[Sir Jeremy Wright]

My hon. Friend makes a fair point in relation to offenders who hover on the border between community sentences and custodial sentences, but he will know that, in the Crown court at least, the majority of such offenders already have a pre-sentence report. Of course, there are also offenders who come before the courts for sentencing and it is blindingly obvious either that a custodial sentence will follow, or that neither a community sentence nor a custodial sentence is realistically in prospect, so I do not think it right to say that we should have a pre-sentence report in every case, but there is already in law a presumption that pre-sentence reports should be ordered unless it is unnecessary to do so. What we are seeking to do here is respond to a very specific set of circumstances that have arisen as a result of a Sentencing Council decision. As he may have heard me say on Second Reading, I do not think that the Sentencing Council handled this well, and as a result we are having to do something that we would otherwise not have to do.

Sentencing offenders is, in all circumstances, a difficult business. The fact that different offenders receive different sentences, even for the same offence, is not necessarily evidence of a defect in sentencing practice as a result of guidelines or otherwise, but is more likely a reflection of the reality that every case and every offender is different. We should not, I suggest, try to stop judges reaching the appropriate conclusion, assisted by Sentencing Council guidelines, in each case before them.

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)]

Nobody is trying to stop judges sentencing in individual cases. All the Sentencing Council was seeking to do was ensure that judges and magistrates had the maximum amount of information before coming to a decision on the sentence.

[Sir Jeremy Wright]

Yes, I think the right hon. Lady is right that that is what the sentencing guidelines were aiming at, but I am afraid that the way in which they were phrased rather missed the mark, in my view. It is perfectly true to say that it is a good thing in most sentencing cases to get as much information as possible, but the sentencing guidelines have, as she will appreciate, particular influence on sentencers, who are obliged to follow them unless doing so is not in the interests of justice. The tone that is set by the Sentencing Council in the guidelines that it drafts gives a good indication to sentencers about the sorts of things that they ought to take into account in sentencing. As she heard me say—I think this is an important point to make—we are talking about the ordering of pre-sentence reports and not about sentencing itself.

--- Later in debate ---

[Sir Nicholas Dakin]

My hon. Friend echoes much of what the hon. Member for Eastbourne (Josh Babarinde) picked up on earlier. Probation is a significant part of the landscape. That is why we are onboarding 1,300 more probation officers over the next year.

The Chair of the Justice Committee, my hon. Friend the Member for Hammersmith and Chiswick (Andy Slaughter), raised issues about the impact of the guidelines on existing guidelines. We expect that other guidelines will be affected by the Bill, including offence-specific guidelines related to mitigating and aggravating factors, which set out guidance about pre-sentence reports for specific cohorts. We will continue working with the Sentencing Council on the implementation of the Bill. We have had constructive discussions and will continue to do so.

As my hon. Friend the Member for Hammersmith and Chiswick referenced, the Bill’s explanatory notes point out, existing precedent is not changed where the courts have determined that pre-sentence reports are necessary or desirable. Such cases include: Thompson, where the Court of Appeal recently emphasised the importance of reports in sentencing pregnant women or women who have recently given birth; Meanley, in which the court referenced the value of pre-sentence reports for young defendants; and Kurmekaj, where the defendant had a traumatic upbringing, a vulnerability and was a victim of modern slavery. The Bill narrowly focuses on the issue at hand, putting beyond doubt the principle that we all stand equal before the law of the land.

Clause 2 is concerned with details about how the Bill will be enacted. The Bill will apply to England and Wales only, and its measures will come into force on the day after it passes. The Bill may be cited as the Sentencing Guidelines (Pre-sentence Reports) Act 2025 once enacted.

I thank the right hon. and learned Member for Kenilworth and Southam (Sir Jeremy Wright) for tabling his amendments and for the very thoughtful and comprehensive way in which he dealt with them. Amendments 1 and 2 would replace the term “personal characteristics” with “demographic cohort” to describe the type of provision about pre-sentence reports in sentencing guidelines that the Bill will prohibit. The Government have considered the proposed change to the wording very carefully and would like to take the opportunity to briefly explain the Government’s approach.

The Government’s objective is to help ensure equality before the law so that offenders are treated according to their own particular circumstances and not by virtue of their membership of a particular group. To ensure that the Bill prevents sentencing guidelines about pre-sentence reports including provision framed by reference to any specific personal characteristics of an offender, we have used the term “personal characteristics”. The Bill sets out that personal characteristics include race, religion or belief, or cultural background. However, this is not an exhaustive list. We accept that personal characteristics and personal circumstances have, over the years, been elided in different court judgments, and we are clear that it is intended to cover a wider range of characteristics including sex, gender identity, physical disabilities and pregnancy status.

The right hon. and learned Member for Kenilworth and Southam has rightly noted that the term “demographic cohort” is used in the Bill’s explanatory notes. However, the use of the term was not intended to narrow the definition of personal characteristics, and I believe it does not, though I note that he believes that it might do. Rather, it is a different term used to describe individuals who share certain personal characteristics.

[Sir Jeremy Wright]

I accept that the Minister is trying to give us clarity, so for the purposes of clarity is it the Government’s view that all personal characteristics can also be described as personal circumstances?

[Sir Nicholas Dakin]

No, that is not the Government’s view. “Personal characteristics” is a term that is understood and applied in other contexts, whereas “demographic cohort” is a term that, on balance, the Government feel is more imprecise and would ultimately need to be defined with reference to a group with shared personal characteristics. Therefore, I understand where the right hon. and learned Gentleman is coming from, but from the Government’s point of view, the amendments do not add anything to the drafting of the Bill and risk causing further confusion. As he pointed out in his helpful contribution, there is a danger of getting into detailed semantics, which probably does not help any of us.

[Sir Jeremy Wright]

I take on board the Minister’s warning, and I am not sure whether this will make it any better. I think he is saying that the term demographic cohort is a subset of personal characteristics, but personal characteristics are not the same as personal circumstances. Is that right?

[Sir Nicholas Dakin]

If we had used the phrase demographic cohort, we would have to define what that means, whereas personal characteristics is a phrase that already has a level of definition and is therefore preferred by the Government.

I turn to the similar issue raised by my hon. Friend the Member for Hammersmith and Chiswick. We carefully considered whether the Bill should be narrower than referring to personal characteristics—for example, an offender being from a cultural minority—but in the end we felt that was not helpful.

As such, while I am grateful to the right hon. and learned Member for Kenilworth and Southam for suggesting alternative wording, the Government remain of the view that, having considered it carefully, the term personal characteristics is the most appropriate way of capturing the issues raised by the guideline.

--- Later in debate ---

[The First Deputy Chairman of Ways and Means (Judith Cummins)]

I call Sir Jeremy Wright to wind up.

[Sir Jeremy Wright]

I think—in gratitude to all those who have spoken—that we have got to a place where the Minister has told the House that there is some territory, which at the moment is being described as “personal characteristics”, into which the sentencing guidelines may not trespass. That is not the same as specifically referring to someone’s personal circumstances, and is a broader area than the question of whether they are a member of a particular demographic group.