Sentencing Bill - Second Reading

Part of the debate – in the House of Lords at 4:30 pm on 12 November 2025.

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Photo of Lord Timpson Lord Timpson The Minister of State, Ministry of Justice 4:30, 12 November 2025

My Lords, it is my pleasure to bring this Bill for its Second Reading. I start by thanking the former Lord Chancellor, David Gauke, and his team for his independent sentencing review; this has informed many measures in the Bill. I thank another former Lord Chancellor, too, the now Home Secretary, for her work in getting us to this point. I also want to thank the many noble Lords who have engaged with me on the Bill. The input I have received has been of great value and generally very positive as we take this legislation forward. Of course, I want to pay tribute to our incredible prison and probation staff, who have worked, often unseen and under-appreciated, through an incredibly difficult time. I see and appreciate what they do every day, and I am proud to call every one of them a colleague.

I also want to pay tribute to Baroness Newlove, whose sad passing I learned of today. As both Victims’ Commissioner and Deputy Speaker of the House of Lords, Baroness Newlove brought unparalleled experience and dedication to her roles. She championed the rights of victims and witnesses and held agencies to account. Her leadership shaped the victims’ code, strengthened victims’ voices in the criminal justice system, and ensured that the Victims and Prisoners Bill progressed with victims’ interests at its heart. She was an extraordinary public servant whom I was fortunate to know well and admired immensely, and whose life’s work and legacy are defined by courage, compassion and an unwavering commitment to justice.

Before I turn to specific measures in the Bill, it is important to understand the context of why it is needed. When the new Government came to power in July last year, we inherited a crisis in our prisons and probation service. We were days away from running out of places entirely; days away from the police having to prioritise which criminals to arrest, the courts having to make impossible decisions, and the criminal justice system buckling under insurmountable pressure; days away from our criminal justice system failing to deliver the one thing it was for—delivering justice.

We took urgent steps to prevent that catastrophe, and we have embarked on the biggest prison building programme since the Victorian era, delivering 14,000 new places by 2031. However, if we do not take further action, it is only a matter of time before we will be back here again. In a few months, we will again be facing prisons on the brink, having to take emergency measures and, again, asking, “How did we get here?” That is why this Bill is vital. It does not kick the can further down the road, and it does not shy away from making tough decisions to keep the public safe. Instead, it will end the cycle of crisis once and for all. It will build a justice system that victims can have confidence in, and it will bring stability and sustainability to our prisons and our justice system. More than that, it will restore purpose to sentencing. It will deliver punishment that works by following the evidence of what works; that works for victims, delivering them the justice they deserve; that works for society—we want better citizens, not better criminals; and that works for the public, delivering safer streets and protection from crime.

Of course, that means that we must always be able to lock up the most dangerous offenders. Prisoners serving extended determinate sentences—those the court has deemed to be dangerous—will not be affected by anything in this Bill. They will still need the approval of the independent Parole Board if they are to be released at the two-thirds point of their custodial term. The IPP sentence is also not included in the new progression model. The Parole Board will continue to review IPP cases at least every two years, and in many cases more regularly. Noble Lords will know that this is an area of incredible importance to me. I am determined to support those in prison to progress towards a safe and sustainable release, but not in a way that undermines public protection. For completeness, nothing in this Bill affects those who receive life sentences, having been convicted of the most horrendous crimes.

But we need to be smarter: we need to follow the evidence. For many offenders sentenced to less than a year, prison sets up a revolving door of repeat offending. Over 60% of those with prison sentences of less than 12 months reoffend within a year. Offenders have limited time to engage in rehabilitation. Instead, they are exposed to hardened criminals and shown a path that can lead to more crime. When they get out, they may have lost their home, their job, their relationships and everything that anchors them to society. They are being asked to make a U-turn on a one-way street. But evidence shows that community orders and suspended sentences can be more effective at reducing reoffending.

Clause 1 of the Bill therefore introduces a presumption to suspend short sentences. We are not abolishing short sentences; judges will still have the power to impose them in particular circumstances. If there is significant risk of harm to an individual, such as a victim of domestic abuse, or if a prolific offender fails to comply with the requirements of a suspended sentence or reoffends, prison will still be available. We will break the cycle of reoffending. That means fewer victims, and more offenders getting their lives back on track. As many noble Lords know, I believe in second chances. Clause 2 widens the scope of suspended sentences, increasing the limit from two years to three.

Of course, for many offenders prison is the right answer, but if we want them to turn their lives around, we must make sure that serving time is not just what they do in between crimes. This Bill introduces a new progression model for standard determinate sentences. Inspired by the Texas reforms that helped to end its capacity crisis, we will ensure that prisoners who do not behave in prison can be kept in for longer; release at the earlier point will be theirs to lose. In Texas, following a settling-in period, crime fell by 30% and it has closed 16 prisons.

Clauses 20 and 21 amend the release points: those serving regular standard determinate sentences must serve at least one-third of their time; for more serious crimes given a standard determinate sentence, offenders must serve at least half. But those are minimums: prisoners who misbehave, are violent, or are caught with illicit mobile phones can stay inside for longer. We will also double the maximum additional days for a single incident from 42 to 84, so that the worst behaved will serve longer in custody. It is the same as in our communities: if you break our rules, you can pay the price with your liberty. Punishment does not end when a spell inside does, nor does release mean an end to rehabilitation. Offenders will therefore enter a period of intensive supervision by the Probation Service. They will still face consequences for their actions.

Clauses 24 and 25 introduce a strengthened licence period. Offenders will be subject to strict conditions tailored to risk and offence. These clauses mean that probation can set new restrictive licence conditions—for example, stopping them going to the pub, banning them from football matches, or preventing them driving. This mirrors the new community requirement set out in Clauses 13 to 15.

We will incentivise better behaviour from offenders. Clauses 36 and 37 allow community orders and the supervision period of suspended sentence orders to be terminated once an offender has completed their sentence plan, including all court-ordered requirements. The Probation Service will be able to incentivise compliance and encourage early engagement and completion of rehabilitative activities, but anyone who does not do this will serve their sentence in full and could face further penalties. We will also expand community payback.

Clause 3 will introduce income reduction orders, so offenders with high incomes are penalised more effectively when serving their suspended sentence in a community setting. We will make sure that crime does not pay. Alongside the changes in the Bill, we will address the root causes of crime by expanding the use of intensive supervision courts, to break the cycles that lead to ever more reoffending. These courts are inspired by their success in Texas, which has seen a 33% fall in arrests compared to those serving prison sentences. They target offenders, often highly prolific offenders, who suffer from addiction or poor mental health, and they impose tough requirements to tackle those drivers. Over three-quarters of offenders meet the conditions the courts set. And we will tag many more offenders, to ensure compliance and restrict their freedom outside prison.

What is more, all offenders released into the community will remain on licence for the duration of their sentence. This goes further than the approach the review recommended. Those at the highest risk will continue to be supervised by probation to the very end. All offenders will be expected to comply with their licence conditions and remain liable for recall to prison at any time. Any further offence, even something that would not normally attract a custodial sentence, will potentially lead to a recall. Offenders will know that any backsliding or regression could land them right back in a cell. They will obey our Laws, and there will be punishments if they do not. That is why Clauses 26 to 30 will introduce a standard 56-day recall, replacing the existing 14-day and 28-day terms: these are real consequences for returning to crime and punishment that works.

More punishment in the community, more intensive supervision, more monitoring and restrictions: these will all put more pressure on our already stretched Probation Service. That is why the recent spending review announced up to £700 million extra for probation. That is a 45% uplift by the final year, the largest in history, because we are investing in what makes a difference; investing in what cuts crime and rehabilitates offenders; and investing to support the staff.

We are also making sure that our justice system operates on the principles of putting victims first, fairness and accountability. Clause 4 amends the statutory purposes of sentencing to reference protecting victims as part of public protection. The Bill will also go further than ever before to restrict offenders’ movements to protect victims. Victims of the most serious sexual or violent offenders should not have to worry about who they will run into when they go somewhere new. That is why Clause 24 allows probation to impose new restriction zones on the most serious offenders on licence. Clause 16 will allow courts to impose these new zones on offenders serving community or suspended sentence orders. They will be required to stay in a specific area, so that their victims can move freely elsewhere. The victim should have the freedom, not the perpetrator.

Clause 6 also introduces a new judicial finding of domestic abuse in sentencing. Probation will be able to identify abusers more easily, track patterns of behaviour, and put safeguards in place. This will improve risk management and further protect victims, and it is welcomed by victims’ groups.

These principles are also why we are progressing reforms to the Sentencing Council through the Bill. The council has undertaken valuable work and helped to bring greater consistency and transparency to the sentencing process. It also plays an important constitutional role, balancing interests across Parliament, government and the judiciary in sentencing policy and practice.

We are keen to support the council with its work. Following events in recent months, we are introducing a pair of measures that aim to maintain public confidence in its guidelines. Clause 18 introduces a requirement on the council to obtain the Lord Chancellor’s approval of its annual business plan before it can be published, and Clause 19 requires it to obtain approval from the Lord Chancellor and the Lady Chief Justice for all sentencing guidelines. My officials will be working closely with their counterparts at the council to agree underpinning detail on the practicalities of both approval processes.

I took this role to help reform a system that I have been passionate about for most of my life. My colleagues and I have looked across the world for what works; these learnings are contained in the Bill. Brought together, these measures will bring stability and sustainability to our justice system. In that regard, there is no alternative. However, they do more than that. The Bill will make sure that we have prisons that work; a probation service that reforms offenders; and fewer victims. It will put our justice system on a footing fit for the future, one that prioritises victims, fairness and accountability and one that prioritises punishment that works. I urge noble Lords to support the Bill and the principles behind it. I beg to move.

Second Reading

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