Lord Sandhurst (Con)

My Lords, I thank all noble Lords who contributed to the Bill’s progress in Committee. In particular, I acknowledge the thoughtful and constructive contributions from the noble and learned Lord, Lord Burnett of Maldon. We have heard further thoughtful contributions today, not least from the noble and learned Lord, Lord Thomas of Cwmgiedd, and the right reverend Prelate the Bishop of Gloucester. None the less, from this side of the House, I wish to place on record our broad support for the principles that underpin the Bill. The use of pre-sentence reports, when applied rigorously, consistently and with due regard to the individual circumstances of the offender, is an essential part of a fair and effective justice system. They play a crucial role in informing judicial discretion, ensuring proportionality in sentencing and helping to reduce the risk of reoffending through appropriate rehabilitative measures. We welcome the intention of the Bill to strengthen and clarify the expectations around the preparation and consideration of pre-sentence reports. These seek to embed good practice across the system and to promote greater consistency in the court’s approach to sentencing. However, while we on this side support the direction of travel, we remain mindful that sentencing is a complex and sensitive area of the law. It touches not only on legal principle but on human lives, social outcomes and the effective operation of our prison and probation systems. In that context, I will take a moment to acknowledge a specific concern raised by noble Lords in Committee: the lack of clarity around the term “personal characteristics” as it appears in the Bill. This is not a small point. If the legislation is to provide clear and workable guidance to practitioners, including report writers and the judiciary, we must be precise about what we mean. Any doubt or uncertainty in this area risks inconsistent application. It undermines the very consistency and fairness that the Bill seeks to promote. I hope that the Government will reflect carefully on these concerns and consider whether further definition could be usefully provided. More broadly, I echo the view expressed at earlier stages that, with just a little more time and careful consideration, we could strengthen and improve this legislation further. There remain questions that would benefit from additional scrutiny, and we should proceed with care. We must get this right, not only in the interest of justice but for the confidence of the public, the judiciary and those working on the front line of our criminal justice system. We on these Benches remain committed to working constructively with the Government, with noble Lords across the House and with all those who bring experience and insight to bear on this important issue. I will turn briefly to the amendments in the first group. As for Amendments 1 and 7, spoken to by my noble friend Lord Hailsham, we recognise that Amendment 1 seeks to provide clarity about the range of matters that the sentencer may take into account. We invite the Government to consider these during the Bill’s journey through the other place.