Sentencing Guidelines (Pre-sentence Reports) Bill

Lord Phillips of Worth Matravers Excerpts

2nd reading
Wednesday 7th May 2025 Lords Chamber

[Lord Phillips of Worth Matravers (CB)]

My Lords, this rather sombre debate has been enhanced by the delightful and endearing maiden speech of the noble Baroness, Lady Nichols of Selby. I am so glad I was here to hear it.

I endorse the comments made in respect of the death of my learned friend and erstwhile colleague, the noble and learned Lord, Lord Etherton. His loss is a personal blow and a blow to this House.

I believe it particularly desirable that judges should have the assistance of a pre-sentence report when sentencing ethnic-minority offenders. The Lammy review identified that ethnic-minority and particularly black offenders were sentenced to prison more often and for longer than white offenders. The review considered pre-sentence reports and concluded that the role that they played was

“vital considering the … difference in backgrounds – both in social class and ethnicity – between the magistrates, judges and many of those offenders who come before them”.

The problem is that, ideally, provision of pre-sentence reports should be the norm in the case of almost all serious offenders. Singling out the ethnic-minority cohort in the guidelines is capable of appearing to some to be unfair discrimination. But currently, a struggling Probation Service appears to lack the resources to produce adequate pre-sentence reports, even in the diminishing number of cases where they are requested.

I do not believe that the guidelines introduce two-tier justice, nor do I believe that their introduction would severely damage confidence in our criminal justice system. I do not believe that we need this Bill, but we are where we are. Let us reluctantly accept the Bill, imposing drafting improvements if we may—and there is scope for those—and move on to addressing the much greater problems that currently beset the sentencing regime.