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Lord Keen of Elie (Con)

Speaking in the House of Lords on 21 January 2026

Debate

Sentencing Bill

Contribution

My Lords, I thank the Minister for his remarks and the explanation he gave for the government amendment in lieu of our own amendment. I also thank him for his sustained engagement with Peers across the House, both in and outside the Chamber. The Government have now committed to publishing sentencing remarks for all Crown Court trials, and we thank the Minister for this step. It was only in response to our successful Conservative amendment that the Government finally acted. It was regrettable that they opposed our original amendment in both Houses, but we welcome their amendment as a step forward in the right direction. Sentencing remarks explain the judge’s reasoning in determining the sentence imposed. This is important not only for the victims, whose lives are disrupted in the most profound way by crime, but for the transparency required in the justice system. The provision of sentence remarks upon request will mean that victims who are unable to visit the courtroom, whether for practical reasons or because the experience is simply too traumatising, will be able to understand the reasoning behind sentences handed out to offenders. This amendment builds on the work of the previous Conservative Government, who successfully piloted free access to sentencing remarks for victims of murder, rape and other sexual offences. This amendment now rightly widens that scope to all victims. It is wrong that a victim of, for example, aggravated burglary should have to pay to read the reasoning behind the sentence of the criminal who robbed their shop. This was a clear gap in the law that will now be filled. The government amendment contains provisions for the timeline and processes for providing transcripts to be set out in regulations. I thank the Minister for his assurance that regulations will specify that transcripts will be provided within 14 days of a request being made. Under our current system, victims have just 28 days to submit an application for the unduly lenient sentence scheme. This can be a complex legal process to contend with in less than a month. It is our intention, as indicated by the Minister, to double the time that victims have available to 56 days. I am grateful that the Minister shares my commitment to ensuring that victims receive their transcripts before that point. Without timely access to these remarks, victims would risk being shut out of the scheme and denied access to justice. Finally, I turn to the matter of publication. Open justice is an essential foundation of our democracy and sentencing will no doubt become more complex and discretionary under this Bill. We therefore believe that, in principle, sentencing remarks should be made available to the wider public to maintain transparency and accountability. Although the Government are unable to commit to the public release of sentencing remarks at this point, we note the progress made on this issue and we will raise the matter again during the passage of the Victims and Courts Bill. This amendment represents a significant step forward for victims and for transparency in our justice system. It ensures that those affected by crime can access the reasoning behind sentences, and it builds on a clear Conservative record of reform. While there is more to do, we have now made real progress, and we will continue to press for full public access to sentencing remarks in future legislation.

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