Sentencing Council Guidelines

Liz Saville Roberts Excerpts

Tuesday 1st April 2025 Commons Chamber

[Shabana Mahmood]

Who can say? I suggest asking any of the Conservative Members here whether they have an answer to that, but they appear to still wish to live on another planet and never reckon with their own track record in government.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

Black people in Wales were the most over-represented ethnic group in prison in 2023, followed by those from a mixed background and people belonging to an Asian ethnic group. That over-representation is worse in Wales than in England. Pre-sentencing reports can help us to understand why people of black and minority ethnic backgrounds are more likely to be sent to prison. Even if she disagrees with the method, surely the Secretary of State agrees that action is necessary to tackle evidenced inequality within the criminal justice system, so what solutions is she bringing forward?

[Shabana Mahmood]

The proper role of a pre-sentence report is to give a judge who is about to pass down a sentence vital information about the context of that offender—for example, whether there has been domestic abuse, their age and other vital factors relevant to the offending behaviour—so that the judge can make a decision about the best sentence to pass. The pre-sentence report is not about setting right any other wrongs that exist, however legitimate they are—that is not the point of the pre-sentence report—but about giving the sentencer in every single individual case the information that they need, such as whether a woman is pregnant or has recently given birth, as the Court of Appeal upheld recently. Those circumstances should be properly understood by judges. The position in law is that a pre-sentence report should be sought by judges in all cases, unless the court considers it unnecessary to do so. That covers the majority of cases where a pre-sentence report should be sought, but we should not confuse the proper role of what the pre-sentence report is there to do.

To the extent that there are over-representations, I see them too. Over 70% of my constituents are non-white and, as the right hon. Lady can see, I am from an ethnic minority background myself, and I am also from a faith minority. I see those disparities—they are a lived reality of my own life—but I am not prepared to sacrifice the principle of equality before the law to put those disparities right. I wish to be more curious than anybody else has been in previous years about what lies behind those disparities, and about what are the proper levers that have to be pulled to put them right. We often discuss judicial diversity, but I am not sure that increases in diversity have necessarily led to a change in what the underlying data shows. Clearly, there is more going on. Any solutions that politicians come up with have to be tested in the House, because they are properly the domain of policy and Parliament.