Shabana Mahmood MP: speeches

Speeches

• 20 May 2025 · Victims and Courts Bill · Hansard source

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  My hon. Friend is an assiduous champion for the people of Clwyd East. Let me assure her that I approach this as a constituency MP just as much as I do as a Cabinet Minister. Far too many of my constituents have, like hers, suffered antisocial behaviour and been unable to move on in their life because of the trauma that they suffered, day in, day out. They feel like nobody takes it seriously. Under the Bill, the Victims’ Commissioner will be able to hold local authorities and social housing providers to account to ensure that they deliver for the victims of antisocial behaviour. Let me move on to other measures in the Bill. The victim contact scheme plays a critical role in ensuring that information is communicated to those who are eligible to receive it. The legislation that governs it is over 20 years old, and there are issues with the scope and operation of the scheme. Victims repeatedly say that the criminal justice system is too complex, disjointed and difficult to navigate, including when they try to access support. Where we can simplify and rationalise the system, we should. That is why the Bill will streamline the system. It will bring victims who are currently served by different operational schemes into the victim contact scheme, and will provide all victims with one clear route for requesting information, through a new dedicated helpline. Taken together, the measures will better support victims and ensure that they receive the right information about offenders at the right time. I move on to measures that will improve efficiency and deliver swifter justice for the victims of crime. Timely access to justice is a cornerstone of public confidence in our legal system, yet we face a shortage of prosecutors—an issue that directly contributes to delays in our courts. Legislation prevents the appointment of qualified legal professionals—such as Chartered Institute of Legal Executives practitioners—as Crown prosecutors, even when those individuals are eminently capable, have experience in criminal litigation, and hold the necessary rights of audience.

• 20 May 2025 · Victims and Courts Bill · Hansard source

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  I was just about to pay tribute to the Justice Committee for its work, to Sir Bob Neill, and to my hon. Friend, the current esteemed Chair of that Committee. I thank him and Members past and present for pushing for Government action on this matter, and I am glad that we have been able to include this measure in the Bill. Let me turn to measures on the unduly lenient sentence scheme. As the House will know, the scheme is a safeguard that allows the Attorney General to refer certain cases to the Court of Appeal. That action is taken if it is believed that the original sentence did not adequately reflect the seriousness of the offence. However, in practice, the 28-day statutory time limit for referral has proven problematic when cases have been brought to the Attorney General’s attention late in that period. The Bill will ensure that every eligible case is properly scrutinised, and will guarantee that the Attorney General has 14 full days to assess any request received in the final fortnight of that 28-day window. This change will ensure that enough time is allowed for cases to be fully considered and referred to the Court of Appeal as necessary, and will provide greater clarity to victims, families and the public. Finally, the Bill will create greater consistency in the courts through a targeted and technical amendment to magistrates court sentencing powers for six offences. We are tidying up an anomaly that we inherited. These six offences were not included in legislative changes made by the previous Government. By ensuring that everything is aligned, this change will ultimately help to avoid confusion and errors in sentencing. The Bill marks an important step forward in our mission to rebuild our justice system, so that it serves the victims who, in recent years, it has all too often failed. It brings forward long-overdue reforms that will strengthen victims’ rights, force offenders to attend their sentencing hearings, restrict the parental responsibility of convicted child sex offenders, and further empower the Victims’ Commissioner. The criminal justice system in this country suffered terribly at the hands of the Conservative party: the backlog in our courts is long and growing longer; our prisons are trapped in a cycle of crisis; and victims have paid the price. This Government are beginning the work of reversing that damage. We will deliver swifter justice for victims, and ensure that criminals face certain punishment and that our justice system serves victims, rather than subjects them to trauma on top of what they have already suffered. I know this is just the beginning and that there is much more that we must do, but the work is under way and I look forward to a constructive debate ahead. I commend the Bill to the House.

• 20 May 2025 · Victims and Courts Bill · Hansard source

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  I beg to move, That the Bill be now read a Second time. When the Government took office just 10 months ago, we inherited a justice system in crisis—our prisons were on the point of collapse, and the backlog in our courts was at record levels and rising fast—and victims were all too often paying the price. The Government are beginning the long and hard work of rebuilding our justice system so that it serves victims once more. In my eyes, that means meeting three principles. The first is that justice must be swift. It is all too easily said that justice delayed means justice denied, but few have had the bravery to wrestle with the implications of that. This Government are investing more in court sitting days than any before them, but we know that that is not enough, so we will pursue reform—even if it courts opposition—in the pursuit of swifter justice for victims. That is why I have asked Sir Brian Leveson to propose once-in-a-generation reform of our courts. Jury trials will always be a cornerstone of our legal system for the most serious cases, but it is clear that we must consider whether there are cases heard before a jury today that could be heard in a different way, such as in front of a magistrate or a new intermediate court, in order to deliver the swifter justice that victims deserve. The second principle of a justice system that serves victims is that punishment must be certain. This Government inherited the grotesque position of having more prisoners than prison cells. If prisons run out of space, victims pay the price. If courts hold trials and the police are forced to stop making arrests, crime goes unpunished and victims see no justice done. This Government will ensure that criminals face punishment. We are building 14,000 prison places in the largest expansion since the Victorian era, after 14 years in which the Conservatives added just 500 cells to our prison estate. We are also reforming sentencing so that our prisons never run out of space again and there is always space inside for dangerous offenders. The third and final principle of a justice system that serves victims is that they are not retraumatised by their engagement with it. That third principle is what unites the specific measures set out in the Bill, and I will start by speaking about those which will force criminals to attend their sentencing in court. In recent years, too many offenders have been allowed to cower in their cells rather than face the consequences of their actions. That is a final insult to victims and their families because it robs them of the chance to tell offenders, through victim impact statements, the pain they have caused. It robs victims and their families of the opportunity to look the offender in the eye and see them face the consequences of their crime and the full reality of their punishment. The Bill will change that. The Bill gives judges the power to order criminals to attend sentencing hearings, it makes it clear that reasonable force can be used to ensure that happens and it hands out punishments to those who still defy that order. Adult offenders could face up to an additional two years in prison and an unlimited fine. I know, however, that that is little punishment for those who are serving long sentences or perhaps whole life orders, because they did not expect to see the light of day at all. For that reason, we will also give judges the power to impose prison sanctions on offenders, including confining criminals to their cells, the loss of privileges and, going further, limits on social visits. If offenders appear in the dock but behave in a disruptive or disrespectful way, as has all too often been the case in recent months, judges must have the ability to remove them from the courtroom so that the hearing can continue and justice can be served. The Bill will give a judge the ability to impose the same penalties both on those who refuse to attend their sentencing and on those who attend but attempt to disrupt proceedings. While the previous Government brought forward similar measures, we are going further by expanding the range of punishment available through amending prison rules, which will expand the sanctions available to judges, and by extending the length of time for which such sanctions can be applied.

• 20 May 2025 · Victims and Courts Bill · Hansard source

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  We hope that the Bill will provide some immediate relief when it comes to the recruitment of prosecutors, because it will address an outdated constraint, remove unnecessary legislative barriers, and allow the CPS to recruit Crown prosecutors from a broader, more diverse pool of talent. Estimates suggest that there may be more than 800 CILEX specialist criminal practitioners who have expressed an interest in becoming a Crown prosecutor. The measure will support greater flexibility in resourcing, and may help to shorten waiting times for cases to be prosecuted. It supports our manifesto pledge to ensure that more prosecutors are available and, above all, may help reduce the long, painful wait that many victims face for their case to come to court. We are committed to reforming the private prosecution system, so that it is fairer and has the right safeguards. Through the Bill, we are taking the first steps towards longer-term change. Although private prosecutions play an important role in our justice system, the way private prosecutors’ costs are awarded can provide perverse incentives for firms to bring private prosecutions. Costs in private prosecutions can be more than five times higher than in cases where both defence and prosecution are funded via fees that are set out in regulations. That is why the Bill will give the Lord Chancellor the power to make regulations to set rates at which prosecutors can recover their costs from central funds in private prosecutions. That will ensure the best use of public funds and reduce the incentive for private prosecutors to prioritise profit when considering bringing criminal proceedings.

• 20 May 2025 · Victims and Courts Bill · Hansard source

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  Just once more—it is hard to say no to the hon. Gentleman!

• 20 May 2025 · Victims and Courts Bill · Hansard source

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  I thank my hon. Friend for his intervention. I know that this part of the Bill will get lots of support from across the House. By strengthening the Victims’ Commissioner’s powers, so that they can take more action on antisocial behaviour, it is important that we send the clear message that we will not tolerate antisocial behaviour ruining the lives of constituents up and down the country.

• 20 May 2025 · Victims and Courts Bill · Hansard source

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  My hon. Friend speaks of one of the tragic cases that has led to these changes in the law and on which, in fairness, the previous Government were also seeking to act before the election was called. We are pleased to go further on sanctions. I know that some of the families we are talking about are here and I will pay tribute to them in a few moments’ time. We will take a delegated power to allow the Secretary of State to specify sanctions in regulations. Those regulations will provide discretion to prison governors, who hold a legal responsibility and accountability for what happens inside prisons. Judges will retain discretion over when to order offenders to attend. This means that, in cases where a victim’s family does not want to see the offender forced to attend, judges can decide differently. As this is a delegated power, the list of sanctions is not presented on the face of the Bill, but it will be rooted in the Prison Rules 1999, which will be amended and extended. The Secretary of State will have the ability to add more sanctions quickly and easily, should that be necessary. This approach offers much more flexibility than a rigid list, which would require the lengthy process of primary legislation to amend it. I know that, for many, this day has been a long time coming. I am sure the House will therefore join me in paying tribute to the families of Olivia Pratt-Korbel, Jan Mustafa, Zara Aleena and Sabina Nessa, and I would like to welcome to this place Cheryl Korbel, Antonia Elverson, Jebina Islam, and Ayse Hussein and her daughter Angel, who are in the Public Gallery today. They have suffered unimaginable pain and then faced the indescribable trauma of an offender who would not face them. They have fought tirelessly to bring about this law, and we owe them a debt of thanks for their courage and fortitude. Today is their day, and it will have a lasting impact for others yet to come, who should never have to face what they have endured. While nothing will ever lessen the pain of such immense loss suffered by these families, this measure in the Bill is brought forward in the name and memories of Olivia, Zara, Sabina and Jan. The Bill will also address the trauma that reverberates years after a parent has sexually abused their child. Today, a parent convicted of sexually abusing their child can continue to exercise parental responsibility for them. From behind bars, these vile abusers have been able to continue interfering in the lives of their children. Today a mother has to request that parental responsibility is restricted in a case where a father has committed a sexual offence against their child; now, we will automatically restrict the exercise of parental responsibility by anyone sentenced to four years or more for serious child sexual abuse against their children. This will restrict those rights from the moment of sentencing, so that children are immediately protected. It sends a clear message that abusers no longer have the power to exercise control. Making this step automatic will spare families the trauma of having to go through proceedings in the family courts, giving them the space they need to begin healing and move on with their lives. The previous Government brought forward proposals in their Criminal Justice Bill to apply this measure to offences committed against all children, but that measure was restricted to child rape. Under their proposals, a parent could commit a wide range of heinous sexual offences against their child, including sexual assault and sexual exploitation, and not be covered. We believe that was too narrowly drawn; it overlooked the devastating impact of a parent committing other serious sexual offences against their own child—so although we supported the measures in opposition, we are now strengthening them in government. Our measure will cover all serious sexual offences committed by a parent against a child they have parental responsibility for, such as sexual assault and sexual exploitation, causing a child to watch a sexual act and sexual activity without consent. There is no denying that we are in novel territory with this measure and, as such, we have a duty to take a balanced approach. This automatic restriction can, and likely will, be challenged. We do not yet know how many challenges the courts will receive. We have a responsibility to ensure that the courts are not overwhelmed, and that vulnerable children going through the family court do not suffer. For that reason, we have chosen to expand the offences beyond child rape, but to begin by restricting our measures to serious sexual offences where a perpetrator holds parental responsibility for their victim. I have heard the strength of feeling from survivors and campaigners who want to see our measure extended to all offences against any child, not just where a perpetrator has parental responsibility. I understand the calls on us to be as ambitious as possible, and to expand this to a wider cohort of offenders, but we believe that our measure is stronger than what came before and is the right starting point for this novel change. We will work collaboratively and constructively with Members from across the House, and with those in the sector. I say to them that this is the beginning of legal change in this area, not the end. The Bill will also strengthen the powers of the Victims’ Commissioner, so that victims are not forced to fight every fight themselves, but have the commissioner—both the individual and the office—to fight for them. That will ensure that there is proper accountability when victims are let down by the justice system, and that victims are not retraumatised by having to fight for every improvement to the system.

• 20 May 2025 · Victims and Courts Bill · Hansard source

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  These matters are devolved in Northern Ireland—the Bill applies to England and Wales—but we are in regular contact with our counterparts in Northern Ireland. I know that the Victims Minister, my hon. Friend the Member for Pontypridd (Alex Davies-Jones), will engage with counterparts to ensure that, where possible, arrangements reflect each other. We all have an interest in ensuring that the whole system, across the UK, is as strong as it can be. The Bill will also ensure greater accountability for how agencies respond to victims of antisocial behaviour. As the House will know, that is an area in which many victims are not heard and not supported. Incidents are too often dismissed as minor or low-level crimes, when they have a devastating effect on local communities and on people’s lives. The Bill will empower the Victims’ Commissioner to request information from local authorities, and from social housing providers, which sit outside the criminal justice system, so that the commissioner can better understand how victims of antisocial behaviour are being supported. Those measures are an important first step towards rebuilding victims’ confidence in the system, ensuring that their voices are heard, and leaving public bodies in no doubt that they will be held to account when they fall short.

• 20 May 2025 · Victims and Courts Bill · Hansard source

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  My hon. Friend raises an important point, and I am sorry about the case of her constituent. She will know that her request is one of the leading recommendations of the independent inquiry into child sexual abuse, and the Department of Health and Social Care has committed to taking it forward. I know that we will see more progress made in this area. Under the Bill, for the first time, the Victims’ Commissioner will be able to act on individual cases that expose systemic failure. They will have the power to request information from agencies on why a failing has happened, what will be done to address it, and how we can drive change across the system.

• 20 May 2025 · Victims and Courts Bill · Hansard source

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  The hon. Member makes a powerful point, and I will say later why the Government and I reject the idea that antisocial behaviour is low level and therefore outside the purview of the Victims’ Commissioner; that is why we are extending the commissioner’s powers. I welcome the support that the measure has received from the hon. Gentleman and others across the House. I hope we can all work collaboratively on the measure to ensure that it takes proper effect. The Bill will also require the commissioner to produce a new independent assessment each year, providing much-needed scrutiny of how public agencies meet their duties under the victims code. It will ensure that victims’ rights are being upheld and, where they are not, that action is taken.

• 22 Apr 2025 · Sentencing Council · Hansard source

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  The Sentencing Council does important work bringing consistency to judicial decision making, but it was clear in recent weeks that it had moved beyond that role to take in policy that is not mine and not the Government’s. A review of the role and powers of the Sentencing Council is ongoing and I will legislate further if necessary.

• 22 Apr 2025 · Sentencing Council · Hansard source

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  The guidelines set a starting point for a sentence—that is usually the point of the guidelines. Judges can sentence outside the guideline range if they believe that is in the interests of justice. The guidelines set only a starting point, not an end point, which remains in the purview of judges sitting in their independent capacity in our courts. We are not seeking to overturn the immigration guidelines. In case there are hon. Members who are labouring under misinformation, I should say that it is an important point of fact that foreign national offenders and immigration offenders who receive sentences of less than 12 months can still be deported, and under this Government they will be.

• 22 Apr 2025 · Sentencing Council · Hansard source

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  When judges are acting as judges, they are acting in their independent capacity. All Members of this House should respect judicial independence. My hon. Friend will know that my disagreement with the Sentencing Council relates to where the line is drawn between matters that are correctly within the purview of our independent judiciary and matters that relate to policy that is correctly within the purview of this place.

• 22 Apr 2025 · Sentencing Council · Hansard source

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  What a load of nonsense. I am the Lord Chancellor who is rectifying the situation with the proper distinction between matters of policy and matters of independent judicial decision through the Bill that we will debate on Second Reading later today. I have already dealt with the issues in relation to the immigration guidelines. The right hon. Gentleman has made some comments about that which do not bear resemblance to fact, so perhaps he would like to correct the record. On the bail guidance and on all other guidance that relates to equality before the law, I have said that we are reviewing absolutely everything. I will ensure that under this Government equality before the law is never a principle that is compromised, although it was compromised under the Conservative Government.

• 22 Apr 2025 · Sentencing Guidelines (Pre-sentence Reports) Bill · Hansard source

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  The right hon. and learned Gentleman is right. That is why we have offered the additional context in the explanatory notes. Personal characteristics and personal circumstances have, over the years, been elided in different court judgments, and the different definitions of the two have sometimes slipped. I wanted to make it clear in the Bill that we are constraining the Sentencing Council’s ability to create guidance for PSRs in relation to personal characteristics. We refer in the Bill to race, religion, culture and belief, specifically to ensure that the Sentencing Council understands that we are targeting this part of the offending section of the imposition guideline. It will then have its own interpretation of how personal circumstances and personal characteristics should apply. I would expect this to be analogous to protected characteristics in the Equality Act 2010, in terms of the way in which the courts are likely to approach the question of what a personal characteristic is for the purpose of the Bill. However, I wanted to make the intention behind the Bill very clear to the Sentencing Council, and to everyone else. It is tightly focused on the offending section of the imposition guideline and leaves the wider question of personal circumstances untouched. As I will explain later in my speech, there is helpful Court of Appeal guidance on circumstances and on other occasions on which a PSR should normally be required, and nothing in the Bill will affect the Court of Appeal precedents that have already been set.

• 22 Apr 2025 · Sentencing Guidelines (Pre-sentence Reports) Bill · Hansard source

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  I beg to move, That the Bill be now read a Second time. When I spoke in this House on 1 April, I set out the Government’s intention to introduce emergency legislation, because I believe that our justice system must be above all else fair, and that, standing before a judge, we are all equal, no matter the colour of our skin or the question of our faith. Given the existential nature of this matter for our justice system, I was clear that we would move at pace to change the law. The Sentencing Guidelines (Pre-sentence Reports) Bill was introduced that same day. With Second Reading taking place just three weeks later, we are forging ahead with plans to legislate as quickly as possible. Before I set out the contents of the Bill, it bears repeating how we came to be in the current situation and why expedited legislation is necessary. In the last Parliament, the Sentencing Council put forward revised guidelines on the imposition of community and custodial sentences. I should note that during a statutory consultation they were welcomed by the last Conservative Government in no uncertain terms. The shadow Transport Secretary, the hon. Member for Orpington (Gareth Bacon), who was a Justice Minister at the time, should be able to furnish his colleagues with the details, but as he is absent today, I will do so.

• 22 Apr 2025 · Sentencing Guidelines (Pre-sentence Reports) Bill · Hansard source

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  They did not differ in any substantial way. All the guidelines, in so far as they concern issues relating to race, religion, culture or belief, are exactly the same as those to which the Justice Minister responded under the Conservative Administration. Hiding behind that, I am afraid, shows a failure to reckon with the Opposition’s own track record, which has become quite a hallmark of theirs in recent weeks and months. These guidelines help judges, when sentencing an offender, to determine whether to impose a community order or a custodial sentence, providing guidance on the thresholds for disposals of this type. In the process of deciding which threshold has been met, judges are required by law to obtain a pre-sentence report, except in circumstances where they consider such a report to be unnecessary. The reports are used to give the courts more context of the offending behaviour in a given case, and set out any factors that should be considered as part of the sentencing process. As I said to the House on 1 April, generally speaking I am in favour of the use of pre-sentence reports, and in fact I have recently freed up capacity in the Probation Service precisely so that it has more time to produce reports of this type.

• 22 Apr 2025 · Sentencing Guidelines (Pre-sentence Reports) Bill · Hansard source

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  The Sentencing Council might argue, rightly, that given the guideline was welcomed by the former Government, it probably thought it was on safer ground than I consider it to be. However, there is clearly a confusion, a change in practice, or a development in ways I disagree with about the proper line between what is practice or the application of the law and what is properly in the realm of policy. That is what I am absolutely not going to give any ground on and that I will be setting right.

• 22 Apr 2025 · Sentencing Guidelines (Pre-sentence Reports) Bill · Hansard source

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  The right hon. Gentleman is absolutely right. In fact, we fully support section 30 of the Sentencing Act 2020—the sentencing code—which makes it clear that a court must obtain a pre-sentence report unless it considers it unnecessary to do so. That would be in cases where judges consider that they already have at their disposal the facts that will enable them to make a determination of the correct sentence for any particular offender. I think that the Sentencing Council got things right in the paragraph of the current guidelines that comes before the one that is the subject of the debate and the Bill, which states: “PSRs are necessary in all cases that would benefit from an assessment of one or more of the following: the offender’s dangerousness and risk of harm, the nature and causes of the offender’s behaviour, the offender’s personal circumstances and any factors that may be helpful to the court in considering the offender’s suitability for different sentences or requirements.” That covers all the areas in which we would normally consider PSRs to be necessary, and I would like them to be used more extensively. Indeed, I would like them to be the norm in all cases, because I think they offer important information to people who are passing sentence—unless, of course, it is unnecessary because judges have already been furnished with all the details, having heard the whole of the case that has been taking place before them.

• 22 Apr 2025 · Sentencing Guidelines (Pre-sentence Reports) Bill · Hansard source

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  However, it is always up to the people in this House, if they feel that a law is being applied in ways that were not intended, to put that law right. I am afraid the right hon. Member’s comment is a rather damning indictment of 14 years of Conservative Government, with 14 years of sitting back and allowing other people to do the policy work that Ministers in the previous Government perhaps did not have the time or inclination to do themselves. I do not think that judges, in applying the law, are doing anything wrong; they are doing their job. They are public servants, and they do their job independently. It is right that we have an independent judiciary in this country. We are very lucky to have a judiciary that is world class and highly regarded. One of the reasons why so many businesses from all over the world want to do business in this country is that they know they can trust our courts system and the independence of our judges. I think it is incumbent on the whole of this House to defend the independence of the judiciary, because that independence was hard won. It is one of our absolute USPs as a rule of law jurisdiction in this country, and none of us must ever do anything that puts it at risk. If there are issues about the way in which the law is applied—if Parliament or Ministers ever consider that it has strayed too far from the original intention—we can always legislate, and I am doing just that today. I hope this is an example that others, if they have issues in their areas, may consider taking as well. It is a question of policy, and that should be decided and debated here in this place, in this House, and the public must be able to hold us to account for the decisions we take, rewarding or punishing us at the ballot box as they see fit. This is the domain of government, politics and Parliament, and today we reassert our ability to determine this country’s policy on the issue of equality of treatment before the law.

• 22 Apr 2025 · Sentencing Guidelines (Pre-sentence Reports) Bill · Hansard source

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  The purpose of the pre-sentence reports, used properly, is to provide the court with the full context of the offending behaviour. That enables the court to ensure that when it imposes a custodial sentence it will be successful and capable of being delivered in respect of that offender, or else a community sentence should be imposed instead. It is a useful mechanism that judges have at their disposal. We would expect it to be used in all cases except when the courts consider it unnecessary because they have all the information. Because I consider pre-sentence reports to be so important in giving the courts all the information that they need to pass the right sentence for the offender who is before them, I have specifically freed up capacity in the Probation Service so that it can do more work of this type. However, the updated guidelines specifically encourage judges to request them for some offenders and not others, stipulating circumstances in which a pre-sentence report would “normally be considered necessary”. That is the bit that I am seeking to change.

• 22 Apr 2025 · Sentencing Guidelines (Pre-sentence Reports) Bill · Hansard source

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  I have had constructive conversations with the Sentencing Council, and I have made it very clear that I do not really do personal. I certainly would not do it in relation to the judiciary, whose independence I uphold and whose security I am ultimately responsible for. I take those responsibilities very seriously. I swore an oath on my holy book, and that means a huge amount to me. There is a clear difference here about where the line is drawn between matters of policy and matters that are correctly within the purview of the judiciary, which is how the law should be applied in the cases that they hear. I am simply making it very clear that this is policy and is for this place to determine, but as I will come to later in my speech, this situation has highlighted that there is potentially a democratic deficit here. That is why I am reviewing the wider roles and powers of the Sentencing Council, and will legislate in upcoming legislation if necessary. I will now make more progress with my speech and give way to other colleagues later if people wish to intervene again. The updated guidelines specifically encouraged judges to request pre-sentence reports for some offenders and not for others, stipulating the circumstances in which a pre-sentence report would “normally be considered necessary”. This included cases involving offenders from ethnic, cultural or faith minorities. In other words, a pre-sentence report would normally be considered necessary for a black offender or a Muslim one, but not necessarily if an offender is Christian or white, and we must be clear about what that means. By singling out one group over another, all may be equal but some are more equal than others. We must also be honest about the impact that this could have. Equipped with more information about one offender than another, the court may be less likely to send that offender to prison. I therefore consider the guidance to be a clear example of differential treatment. As such, it risks undermining public confidence in a justice system that is built on the idea of equality before the law.

• 22 Apr 2025 · Sentencing Guidelines (Pre-sentence Reports) Bill · Hansard source

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  I have ordered a wider review of all guidance across all the MOJ’s work in so far as it relates to equality before the law to make sure that the problems we have uncovered here are not replicated elsewhere. There is the issue of bail guidance, which was discussed in the House earlier. I have already ordered a review, and that guidance is being redrafted as we speak. That particular guidance has been something like 20 years in the making—it has been added to over many years—so the redraft has to be careful and we must make sure it does not have any unintended consequences. However, we are cracking on with that work at pace, and I will make sure that, by the time I am done, we can all be absolutely clear that this sweep towards allowing potential differential treatment is sorted out once and for all.

• 22 Apr 2025 · Sentencing Guidelines (Pre-sentence Reports) Bill · Hansard source

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  It certainly does not undermine the independence of the judiciary. There is a long tradition of campaigners, including my right hon. Friend, who have a lengthy track record of campaigning on issues relating to disparities within the criminal justice system and, indeed, across wider society. In so far as those disparities relate to the criminal justice system, my strong view is that they are matters of policy. Parliament is the proper place for that policy to be debated, and Parliament is the proper place for us to agree on what is the best mechanism to deal with those problems. It is not within the purview of the Sentencing Council, because this is a matter of policy. Judges apply the laws that are passed by this House; that is their correct and proper function. I will always uphold their independence in that regard and will never interfere with it, but this turns on a matter of policy. It is right for the Government of the day to seek a policy response to this issue, and it is right for it to be debated and, ultimately, legislated for in the House.

• 22 Apr 2025 · Sentencing Guidelines (Pre-sentence Reports) Bill · Hansard source

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  For me, one of the most moving parts of the parliamentary day is when the day starts with prayers. Those are Christian prayers, and I am of the Muslim faith, but I always find it moving to be part of them and to hear them. They remind us that we all belong to a country with a long heritage, which is steeped in faith. The source code for much of the law of England and Wales is the Bible. The hon. Gentleman makes some broader points on the issue of faith and how important it is, and I suspect that he and I have a lot in common in that regard. There must never be differential treatment before the law of our land, and before any court, on the basis of faith.