Contribution
It is worthwhile at the outset of all debates on this Bill to restate that it is about pre-sentence reports that give information to sentencers that may be used in sentencing decisions, not about the passing of sentences themselves. Specifically, the Bill is about the guidelines issued by the Sentencing Council to sentencers about the circumstances in which a pre-sentence report should normally be asked for, and about the sort of information about an offender which such a report may provide and which may be appropriate to consider and take into account before deciding on an appropriate sentence in that offender’s case.
There has been broad agreement—I see the Mother of the House, the right hon. Member for Hackney North and Stoke Newington (Ms Abbott), in her place, so I will not say unanimity—that an offender’s ethnicity, race, culture or faith are on their own not that sort of information and that the Sentencing Council was wrong to suggest that pre-sentence reports should be awarded on that basis. I would argue that is because, even if there may be points to make about the treatment or experience of members of the ethnic, faith or cultural group to which the offender in question happens to belong, what is relevant to the sentencing of that offender can only be the treatment or experience to which the particular offender has themselves been subject, not whether they have arisen in the cases of other members of the same group who are not before the court. That is effectively the impact of amendment 4 in the name of the shadow Minister, my hon. Friend the Member for Bexhill and Battle (Dr Mullan). That is why the Government are right to seek to exclude even from the process of asking for a pre-sentence report—let alone from passing sentence itself—the making of decisions based only on membership of such a group. That is after all what the Government have said this Bill is for.
These groups are described in the explanatory notes to the Bill as “particular demographic cohorts”. Paragraph 8 says,
“The Bill is intended to ensure that Sentencing Guidelines are drafted in such a way as to prevent differential treatment and maintain equality before the law. It does this by preventing the creation of a presumption regarding whether a pre-sentence report should be obtained based on an offender’s membership of a particular demographic cohort, rather than the particular circumstances of that individual.”
Despite that explanation in the explanatory notes, the Bill goes further than that by prohibiting the Sentencing Council from including in a sentencing guideline any
“provision framed by reference to different personal characteristics of an offender.”
That is what clause 1(2) says in inserting language into the Coroners and Justice Act 2009. I think that language is significantly wider in impact than reference to membership of particular demographic cohorts—undesirably so, in my view. That is why I have tabled amendment 1, which would adopt the language used in the explanatory notes.
Let me explain why I think that would be preferable. My starting point is that I do not believe all personal characteristics are inappropriate to consider in a sentencing decision. There is, of course, much more to be considered in a sentencing decision than simply information about the offender, particularly the seriousness of the offence and its consequences, but relevant information about the offender is needed as part of the process. It surely cannot be right, then, to prohibit the Sentencing Council from encouraging sentencers to find out more about some of the personal characteristics that are relevant in reaching a more informed and therefore better sentencing decision—for example, a physical or learning difficulty, or a brain injury from which an offender will not recover.
The relevance of that information is not just in forming a fuller picture of the offender to be sentenced, but in assisting a sentencer to know whether that offender is capable of carrying out aspects of a community order, including work in the community, which the sentencer may want to consider as a potential sentencing option. It is worth underlining of course that the ordering of a pre-sentence report—whatever it says when it is produced—does not bind the hands of a sentencer to do as it recommends, but in reality, without one a sentencer’s options are often more limited. That is why guidance on when to ask for a pre-sentence report matters.