Lord Phillips of Worth Matravers (CB)

My Lords, it is perhaps ironic that the first statutory instrument we considered was designed to relieve the pressure on the prison population, but these measures are calculated to increase the prison population. They will add to the list of aggravating features that a judge will have to take into account when considering the length of time to serve and, in reality, as the Minister said, they will have a significant impact on custodial terms. Such amendments should be introduced only where it is plain that they are needed, and I express reservations as to whether that criterion is satisfied in this case. Of course, the amendments were recommended by Clare Wade in her review of domestic homicide sentencing. I pay tribute to her for that review, but it has not left me convinced that these measures are necessary or desirable. The review puts a spotlight on the fact that the homicide of a woman by a man is often the final chapter of a coercive relationship in which the man has regularly abused the woman. I can see the arguments that, in those circumstances, the previous history aggravates the final act of homicide by the man, but effect has already been given to that factor by the addition last year to the list of aggravating factors in Schedule 21. These regulations were considered on 14 July this year by the Second Delegated Legislation Committee of the House of Commons. On that occasion, as has been repeated today, the Parliamentary Under-Secretary of State for Justice said that the draft instrument was “central to the Government’s mission to keep our streets safe and halve violence against women and girls”.—[Official Report, Commons, Delegated Legislation Committee, 14/7/25; col. 1.] The justification put forward appears to be that this will augment deterrence. The Opposition spokesman then referred to reasons why the previous Government had not taken forward these measures and to reservations expressed by the Sentencing Council, but indicated that the Opposition would not oppose the measures. I believe that the comment on these measures by the Sentencing Council was that they were “unnecessary” and “counterproductive”. In this House, the Secondary Legislation Scrutiny Committee has made no adverse comment in relation to the measures, so I will briefly express my personal reservations. Schedule 21, which dates back to the Criminal Justice Act 2003, has had the unintended and unfortunate indirect consequence of approximately doubling sentence lengths across the board, contributing significantly to prison overcrowding. Adding to that list of aggravating factors will augment this effect and, as I said, should be contemplated only where there are compelling reasons. The reason given for making strangulation a factor that augments the seriousness of the offence is stated, on page 21 of the Wade review, as being because “strangulation includes additional suffering and greater harm”. When one considers the many different ways in which a man may kill a woman, I question whether there is justification for singling out strangulation as, in itself, so increasing the horrific effect of the murder of the woman as to justify a result that may be several further years of imprisonment.