Lord Timpson (Lab)

My Lords, I thank the noble and learned Lord, Lord Keen, and the noble Lords, Lord Russell and Lord Sandhurst, for sharing their views and tabling these amendments, which aim to prevent sentences for certain categories of offences from being suspended. I would be interested to hear more about the Marie Collins Foundation; I have never heard of that organisation before. If it would be helpful, I would be interested in having a meeting with the noble Lord and the foundation to learn more and see what I can gain from that. I must be clear that it is at the discretion of the independent judiciary whether to impose a suspended sentence, taking into account all the circumstances of the offence and following the appropriate guidance set by the Sentencing Council. For example, sentencing guidelines are clear: it may not be appropriate to suspend a sentence if the offender presents a risk to any person or if appropriate punishment can be achieved only by immediate custody. If the offender breaches the order by failing to comply with any of the requirements or committing a new offence, they can be returned to court. If the breach is proven, the courts are required to activate the custodial sentence unless it would be unjust to do so. Of course, criminals serving suspended sentences also face the prospect of being sent to prison if they fail to comply with the terms of these orders. So, under this Bill, someone could receive a two-and-a-half-year sentence, suspended for three years, and with an electronically monitored curfew lasting for two years. In this scenario, if they breach their curfew or commit a further offence, they face the prospect of being sent to prison. I would like to reassure noble Lords that there is already provision within this Bill to prohibit the use of suspended sentence orders under any circumstances in relation to sentences for offenders of particular concern and extended determinate sentences. These sentences can be imposed in relation to the specific offences listed in the amendment from the noble Lord, Lord Russell, where the court is of the opinion that the offender is dangerous. Currently, if an extended determinate sentence is imposed for two years or less, it is imposed alongside a standard determinate sentence, and both can be suspended. However, the Bill will change that position so that where an extended sentence is imposed, it cannot be suspended under any circumstances, including when it is imposed alongside a standard determinate sentence. I turn to terrorism sentences. Where a life sentence is not imposed, unless there are exceptional circumstances, a serious terrorism sentence is required if a court is of the opinion that there is a significant risk of harm to members of the public and the offence was likely to cause multiple deaths. The minimum sentence of imprisonment will then be 14 years and therefore a suspended sentence order would not be available. The noble Lords have also proposed to exempt offences with mandatory minimum sentences and those eligible for referral under the unduly lenient scheme. If the offence being sentenced has a mandatory minimum sentence and is capable of being suspended, judges still retain the discretion to impose an immediate custodial sentence when there is the appropriate outcome. To be clear, we are not abolishing short sentences. Offences falling under the unduly lenient sentence scheme are rightly treated very seriously. I reassure noble Lords that Clause 2 does not interfere with existing mechanisms that allow for the review of sentences in these cases. We believe that these safeguards protect the public while preserving judicial discretion. Sentencing in individual cases is rightly a matter for the courts, considering the full circumstances of the case. I turn to the amendments tabled by the noble and learned Lord, Lord Keen, and the noble Lord, Lord Sandhurst, which would prevent the court from suspending a sentence where an offender has not complied with previous court orders and to exempt offenders convicted of multiple previous offences from being suspended. I can reassure noble Lords that the sentencing guidelines are clear. Where an offender has not complied with previous court orders and the court thinks that they are unlikely to comply in the future, that may be a reason not to suspend the sentence. Additionally, when an offender is in custody—for example, when they have breached their licence conditions by committing a further offence and have been recalled into custody as a result—the court will not suspend the sentence. Sentences are generally served concurrently when the offences arise out of the same incident, or where there is a series of offences of the same or a similar kind, especially when committed against the same person. The key point is that the court should ensure that the overall sentence imposed on the offender is just and proportionate. Noble Lords will know that this Government take prolific offending extremely seriously, and previous offending is already a statutory aggravating factor. I must also be clear that a suspended sentence is not a soft option. The courts can impose a range of requirements on an offender, ranging from curfews to exclusion zones. This Bill includes tough new restriction zones, which will restrict offenders to a specific geographic area. These will be electronically monitored in most cases and are intended to serve as not just a punishment but an important tool to protect and reassure victims. Reoffending is unacceptably high for victims and the public, and we must drive it down. That is why we are ramping up intensive supervision courts, targeting the prolific offenders whose criminal behaviour is often driven by addiction or other needs. The international evidence is clear: these courts cut crime, with a 33% decrease in the rate of arrest compared to offenders who receive standard sentences. That is just one way in which this Government are putting the necessary structures in place to build a sustainable justice system going forward. Suspended sentence orders in appropriate cases give offenders a chance to stay in work, keep stable housing and access support in the community. All of this goes towards reducing repeat offending and supporting rehabilitation, and it is right that that remains the case. By targeting the causes of offending in the community, we can lower reoffending rates and in turn reduce the number of victims. I hope noble Lords are now assured of the Government’s position on this, and I therefore ask the noble and learned Lord to withdraw his amendment.