Sentencing Bill

Lord Marks of Henley-on-Thames Excerpts

Wednesday 21st January 2026 Lords Chamber

[Baroness Hamwee (LD)]

My Lords, my noble friend Lord Marks will no doubt repeat some of the niceties, but I too am glad to see this step forward. I shall ask the Minister some questions on the government amendment.

First, there is the phrase

“sentencing remarks … relevant to”

the victim will be supplied. From what the Minister has said, is that distinguishing one particular victim from another victim in the same case, or what is meant by sentencing remarks relevant to the victim? I have to say that, if I were a victim, I would think that everything that was said in sentencing would be relevant. It also occurs to me that, if the court is required to edit the remarks before supplying them, that is actually more work for the court, which is something that the Government are obviously aware of. I take it that “remarks relevant to the victim” are different from

“circumstances in which, for the purposes of this section, sentencing remarks are relevant to a victim”,

in paragraph (11) of the proposed new clause. Can the Minister clarify what is meant by “circumstances” in this context?

There is also provision for the “omission of information” and making

“further provision about the supply of a transcript”,

which I take it covers not supplying it, though I am obviously not pushing that point. Like the noble and learned Lord, I am concerned to know about publication. A number of us have heard from the Lady Chief Justice of the progress that has been made and the success in using new technology in this context. I also ask what consultation is planned on circumstances, on exceptions and so on—the various points that will be covered by the regulations.

The Minister has said, and we are grateful for this, that answers will be given to questions asked by my honourable friend the Member for Chichester. Briefly, they are whether the term “victim” is to be the same as the definition used in the victims’ code, including where the victim is unable personally to request sentencing remarks; and, where the amendment provides for exceptions, what sort of exceptions—this goes back to my point about consultation—and what sort of information may be omitted. And possibly overarching all this, will the Government be publishing a review of the pilot that was carried out recently? We have heard about it, we gather it has been successful, if limited, so can we hear more about it?

[Lord Marks of Henley-on-Thames (LD)]

My Lords, we will also support the Government on their amendments in lieu. I say at the outset how grateful I am, and we on these Benches are generally, to the Minister and the Government for tabling the amendments in lieu, which mean that victims will have full transcripts of sentencing remarks free of charge. These will explain the reasons that offenders have been sentenced as they have and will enable victims to understand those reasons, come to terms with them and consider them.

I am also grateful, along with the noble and learned Lord, Lord Keen, for the Minister’s kind remarks about me and him, and for his engagement with us throughout the course of this Bill and on these amendments in lieu. This Bill, which we agree is a better Bill for its passage through this House, has benefited enormously from the work that he, the noble Lord, Lord Lemos, and the whole of the Bill team have put into providing an expert and collaborative approach to the Bill.