Lord Browne of Ladyton
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Sentencing Council Guidelines
Lord Browne of Ladyton Excerpts(2 days, 18 hours ago)
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Lord Timpson (Lab)
We believe that the guidelines represent a differential treatment before the law and that is why we oppose them. We asked the Sentencing Council to revise them and, as I said, it did not. The Lord Chancellor has introduced legislation to address this specific issue. The Sentencing Council’s guidelines were due to come into effect on 1 April, so it is right that we moved quickly on this and have introduced legislation to address the matter at hand.
I am grateful to the Sentencing Council for the constructive conversations it has had with the Lord Chancellor. It paused the in-force date of the guideline until the legislation, which was introduced yesterday, takes effect. The Independent Sentencing Review that David Gauke is chairing is a much wider review of sentencing that is due to report in the coming months. We look forward to considering its recommendations carefully when they come out.
On the Women’s Justice Board, which I proudly chair, I have spoken to several members about this and I am grateful to them for sharing their views. To be clear, judges will continue to be able to request pre-sentence reports in cases where they already would; for example, those involving pregnant women, young people or domestic abuse.
Lord Browne of Ladyton (Lab)
My Lords, in Scotland, the court is legally obligated to request a criminal justice social work report before imposing for the first time a custodial sentence on anyone, on an accused under the age of 21, and in many other circumstances, including specific sentences. The legal basis for such a report is set out in Section 203 of the Criminal Procedures (Scotland) Act 1995—legislation passed by this Parliament under a Conservative Government. In the 30 years since then, no one has ever alleged that Scotland has a two-tier justice system. Will my noble friend and his ministerial colleagues in the Ministry of Justice consider a similar revision of criminal justice law for the part of the UK for which they have responsibility?