Sentencing Guidelines (Pre-sentence Reports) Bill

Josh Babarinde Excerpts

2nd reading
Tuesday 22nd April 2025 Commons Chamber

[Josh Babarinde (Eastbourne) (LD)]

Liberal Democrats believe in equality before the law, Liberal Democrats believe in the rule of law, and Liberal Democrats believe that no one is above the law, so it has been heartening to hear those words echoed across the Chamber today.

But actions speak louder than words, which is why I regret to say that few have acted more to erode those legal and democratic values than the two-tier Tory party that occupies the Benches next to me—two-tier Tories who unlawfully partied in No. 10, while the rest of us missed funerals for lost relatives; two-tier Tories who unlawfully suspended Parliament to get their way, while lecturing us about the rule of law; two-tier Tories who unlawfully approved developments for their donor mates, while purporting to talk tough on crime; and two-tier Tories whose unlawfulness, chaos and double standards landed them with the biggest election defeat in their history.

The Conservatives still have not learned, because that hypocrisy continues today in the context of the sentencing guidelines in question. They nodded through earlier editions of the guidelines when they were in government, yet they make a scene about them today now that it has become politically convenient for them to do so. According to the Sentencing Council, just one MP objected to the cohorting in the previous guidelines put out to consultation in 2023-24. I will give way to the then Home Office Minister, the right hon. Member for Newark (Robert Jenrick), if he can confirm that it was he who made that objection. No—radio silence. [Interruption.]

Our country deserves better than the circumstances that have given rise to the Bill. Those circumstances are ultimately that the previous Government underfunded our probation and courts system so severely that pre-sentence reports have since been rationed and are not used universally, or indeed anywhere near it. In fact, the use of pre-sentence reports has declined by 44% over the last decade almost, according to Lord Timpson. That is despite the sentencing code having a presumption in favour of their use, regardless of any personal characteristic or circumstance.

The Liberal Democrats believe that that near-universal presumption is critical, because when the state is considering depriving someone of their liberty, judges and magistrates should be equipped with all the information possible to pass the sentence that is most likely to reduce reoffending and protect victims and survivors. Offenders need it and victims deserve it.

The Liberal Democrats believe that we should really be having a debate about how we can resource a criminal justice system that can fulfil pre-sentence reports for all offenders who need them, rather than a debate that feels grounded in rationing their use. We will therefore abstain on Second Reading, not because of indifference, but because of principled concerns that I will present constructively, to reciprocate the constructiveness with which the Secretary of State and her officials have engaged with me on this matter in recent weeks.

One concern is that this Bill simply is not necessary to achieve its stated aim. The Sentencing Council has, in response to the strength of feeling in Parliament, paused the implementation of its guidelines. It has not said how long that pause will last. My understanding is that the Department has not asked the council how long it would be willing to pause the guidelines. It seems to me that, in response to the most recent act of the Lord Chancellor, there is new-found space for an agreement to be reached, through dialogue with the Sentencing Council and the Lady Chief Justice, without a single minute of debate on primary legislation. Such legislation could then be devoted instead to patching up other injustices in our system.

Another concern is that this proposal is being rushed through without comprehensive consultation or co-ordination with wider work that is already under way. David Gauke is currently conducting an independent review of sentencing, which is due to report this spring. That review ought to have provided a clear opportunity to examine these issues in depth and to ensure that any reforms are evidence-based, balanced and considered in the broader context of sentencing policy. If the Government are convinced that primary legislation is required, why not wait for the Gauke review to report, take advantage of that independent insight, and then introduce coherent proposals in legislation later in this Session?

An additional concern is that although the Bill ostensibly gestures towards fairness, it fails to confront some of the most pressing injustices in our criminal justice system—to which the Mother of the House, the right hon. Member for Hackney North and Stoke Newington (Ms Abbott), referred—including those identified by the Lammy review.

We know that there is disproportionality at most stages of the criminal justice process affecting various groups, from stop and search to charging decisions, early guilty pleas and sentencing outcomes. Ethnic minority individuals, women and those with mental health issues continue to be over-represented and underserved, yet this legislation makes no attempt to address that. While I welcome the review of data that the Justice Secretary described, it is unwelcome that the outcome of that does not feature in these proposals.

Finally, I am deeply troubled with the political context in which this Bill is being introduced. It may appear technical on the surface, but the legislation risks falling into a trap in which criminal justice is used by some in this House and beyond to stoke division, appeal to populist headlines and wage a cynical culture war. We must not allow our courts and sentencing practices to become pawns in that political game, nor part of a second stab at a Tory leadership campaign.

It is critical that in this debate and in any reform we make to sentencing policy, we lead with an evidence-based process and with a determination to tackle the injustices embedded in our criminal justice system, whether it is those disproportionately affecting women, ethnic minorities or white working-class boys—the list continues. We urge the Government to listen, reflect and return with proposals that work with the Sentencing Council, with the judiciary and with the findings of David Gauke’s independent sentencing review. Only then can we abolish the unjust two-tier system created under the two-tier Tories.

[Madam Deputy Speaker (Caroline Nokes)]

After the Chair of the Justice Committee, I propose to introduce a four-minute time limit. I am conscious that many Members will be disappointed this evening.