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Letter dated 23/12/2025 from Lord Timpson to Baroness Hamwee regarding clarification on a point raised about the Minimum Income Threshold for Income Reduction Orders (IROs), as discussed during the Committee stage (first day) of the Sentencing Bill. 1p.

Deposited by
Ministry of Justice
Type
Deposited papers
Date
23 December 2025
Reference
DEP2026-0001
House
House of Lords

Lords committee stage first day. Clause 1 agreed to. Schedule 1 agreed to. Clauses 2 and 3 agreed to. (Part 1 of 2).

Lead member
Lord Timpson
Answering member
Lord Keen of Elie; Lord Sandhurst
Department
Ministry of Justice
Type
Debates on bills; Committee of the Whole House (HL)
Notes
Scottish legislative consent sought.
Date
26 November 2025
Reference
850 cc1338-1384
House
House of Lords

Moved by

Lord Keen of Elie

1: Clause 1, page 1, line 14, leave out “not more” and insert “less”

Member's explanatory statement

The presumption for a suspended sentence would apply to sentences of less than 12 months.

Member
Lord Keen of Elie (Conservative)
Type
Proceeding contributions
Date
26 November 2025
Reference
850 c1339
House
House of Lords

My Lords, I will speak to the set of amendments in my name. I am sure that, throughout the course of this Committee, many noble Lords will debate and question precisely which offenders they think should be excluded from the numerous provisions for suspended sentences included in the Bill. The...

Member
Lord Keen of Elie (Conservative)
Type
Proceeding contributions
Date
26 November 2025
Reference
850 cc1339-1341
House
House of Lords

My Lords, my noble friend Lord Marks of Henley-on-Thames is unavoidably unable to be here. I apologise for taking his place from the second Bench; I am sure noble Lords will understand that I need propping up.

I thank the noble and learned Lord for explaining the Conservative amendments in such...

Member
Baroness Hamwee (Liberal Democrat)
Type
Proceeding contributions
Date
26 November 2025
Reference
850 cc1341-2
House
House of Lords

My Lords, there is a curious diffidence over so important a part of the Bill as Clause 1. I shall not say much about it, except that, although the amendments are worth studying to see whether they do improve how Clause 1 can operate, they seem to stem from a...

Member
Lord Beith (Liberal Democrat)
Type
Proceeding contributions
Date
26 November 2025
Reference
850 c1342
House
House of Lords

My Lords, it is a great honour to have the opportunity to speak for the Government in Committee on the Sentencing Bill. As noble Lords know, I have devoted much of my life and career to criminal justice reform, in particular the question of how to reduce reoffending. Therefore, I...

Member
Lord Timpson (Labour)
Type
Proceeding contributions
Date
26 November 2025
Reference
850 cc1343-4
House
House of Lords

My Lords, I thank all noble Lords who have contributed to this part of the Committee debate, and I thank the Minister for explaining the position of the Government with regard to these proposed amendments.

On early guilty pleas, it appears to me, respectfully, that if the Government are going to...

Member
Lord Keen of Elie (Conservative)
Type
Proceeding contributions
Date
26 November 2025
Reference
850 c1344
House
House of Lords

Moved by

Lord Keen of Elie

6: Clause 1, page 3, line 10, at end insert—

“(3A) But this section does not apply if the offender—

(a) has been convicted of three or more other offences in the 12 months leading to the conviction for which a suspended sentence would otherwise have been passed...

Member
Lord Keen of Elie (Conservative)
Type
Proceeding contributions
Date
26 November 2025
Reference
850 cc1344-5
House
House of Lords

My Lords, these amendments touch on similar issues to those we have already addressed. They highlight what we say is a fundamental flaw in Clause 1—the blanket presumption of suspended short custodial sentences even for offenders who pose a serious and ongoing risk to the public.

Under the Bill as it...

Member
Lord Keen of Elie (Conservative)
Type
Proceeding contributions
Date
26 November 2025
Reference
850 cc1345-7
House
House of Lords

My Lords, I shall speak to my Amendments 7 to 11. I support the amendments in the names of my noble friend Lord Sandhurst and my noble and learned friend Lord Keen, particularly Amendments 6 and 18 to 29.

I fully understand the need to address the issue of prison capacity...

Member
Lord Jackson of Peterborough (Conservative)
Type
Proceeding contributions
Date
26 November 2025
Reference
850 cc1348-1350
House
House of Lords

My Lords, I made some remarks in the previous group about my concern that magistrates in particular would be constrained by being proscribed as to the detail of what they can do. In listing the offences of the offender, if some offences are not on the list, is that list...

Member
Baroness Hamwee (Liberal Democrat)
Type
Proceeding contributions
Date
26 November 2025
Reference
850 c1349
House
House of Lords

My Lords, if I might, I will make a brief comment. I have a lot of sympathy with what the noble Baroness has just said. I share many of the reservations expressed by the noble and learned Lord, Lord Keen, but I wonder whether trying to identify a whole range...

Member
Viscount Hailsham (Conservative)
Type
Proceeding contributions
Date
26 November 2025
Reference
850 c1351
House
House of Lords

I understand why we have all got a problem with the size of the prison population. Generally, we could be safer if there were fewer people in prison. Many of them have probably been there too long and not had an awful lot done to help them. But as I...

Member
Lord Hogan-Howe (Crossbench)
Type
Proceeding contributions
Date
26 November 2025
Reference
850 cc1351-2
House
House of Lords

Is not the corollary of the noble Lord’s argument that, as it stands, if the Government were to reject these amendments, in cases of serious and egregious crime the judge may be fully cognisant of the fact that they cannot give a custodial sentence to someone who is deserving of...

Member
Lord Jackson of Peterborough (Conservative)
Type
Proceeding contributions
Date
26 November 2025
Reference
850 c1352
House
House of Lords

The noble Lord, Lord Jackson, is quite right. In fact, that is one thing I would mention to the Minister about the risk, because judges will try to do what is best. They are not trying to subvert the law, but they will try to do what is best in...

Member
Lord Hogan-Howe (Crossbench)
Type
Proceeding contributions
Date
26 November 2025
Reference
850 cc1352-3
House
House of Lords

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,...

Member
Lord Sentamu (Crossbench)
Type
Proceeding contributions
Date
26 November 2025
Reference
850 c1353
House
House of Lords

That is probably for the Minister. I say only that I fundamentally agree with the noble and right reverend Lord, but discretion for judges has of course been limited in some ways. For example, there are minimum sentences: of five years if you carry a firearm and of six months...

Member
Lord Hogan-Howe (Crossbench)
Type
Proceeding contributions
Date
26 November 2025
Reference
850 c1353
House
House of Lords

My Lords, I will briefly challenge some of what has been said. The noble Lord, Lord Hogan-Howe, rather implied that it was his belief that the Bill intends to remove all short sentences. From the Minister’s opening remarks and those of others, that is clearly not the case. There is,...

Member
Lord Foster of Bath (Liberal Democrat)
Type
Proceeding contributions
Date
26 November 2025
Reference
850 cc1353-4
House
House of Lords

My Lords, I agree with much of what the noble Lord, Lord Foster of Bath, said, save that I think that the Bill already deals with the problem identified by the noble Lord, Lord Hogan- Howe. It is important to look at the text of the Bill: this is a...

Member
Baroness Chakrabarti (Labour)
Type
Proceeding contributions
Date
26 November 2025
Reference
850 c1354
House
House of Lords