Sentencing Council Guidelines

Lord Carter of Haslemere Excerpts

Thursday 3rd April 2025 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

Clearly, I cannot give a time or date in answer to my noble friend’s question about when the review will conclude. It is a complex issue, as he knows as well as I do. One very important factor is that all people who come in front of courts should believe that they will be treated equally fairly. If they are aware of differential sentencing guidelines, that undermines that trust. That is the fundamental belief of the Lord Chancellor, and it is one that I share. It is a complex question. We acknowledge the fundamental mischief, but we want to find a better way of addressing the discrimination in the system without anyone who comes up in court believing that they are going to be treated differentially from anyone else.

[Lord Carter of Haslemere (CB)]

My Lords, the Government’s Bill would exclude references in the sentencing guidelines to personal characteristics. It refers to race, belief and cultural background, but personal characteristics are then defined very broadly to include all personal characteristics. The guidelines, as has been pointed out, already contain references to other personal characteristics as well as race, belief and cultural background, some of which are protected characteristics under the Equality Act. Is it the Government’s intention by this Bill to require the Sentencing Council to remove all those existing references to other personal characteristics, even if they are protected characteristics, as indeed are race and belief, under the Equality Act?

[Lord Ponsonby of Shulbrede (Lab)]

I thank the noble Lord for that question, and I recognise its complexity. That is why my right honourable friend wants to look at this question in the round, because the point he made is correct. I do not want to anticipate what the answer to his question will be, but nevertheless I acknowledge the complexity that he has pointed out.