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Lord Sentamu (CB)

Speaking in the House of Lords on 26 November 2025

Debate

Sentencing Bill

Contribution

The noble Lord recalled what the noble Viscount, Lord Hailsham, said about having a list of crimes to which this will apply, but the moment you do that you have fettered the discretion of a judge. It must be left open for the judge to determine. If it is not, and you list the crimes to which this applies, when he or she listens to the evidence, it will be absolutely clear that the person must be sent to prison. But you have fettered the judge’s authority and power. I would not go for a list. Certainly, I support the noble Lord’s suggestions around tagging and the last question he raised, but I am not so sure that the Government can say to the judge, “You’ve got discretion but, by the way, over this you don’t”.

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