Police, Crime, Sentencing and Courts Bill (Fourth sitting) Debate
Full Debate: Read Full DebateAlex Cunningham
Main Page: Alex Cunningham (Labour - Stockton North)Department Debates - View all Alex Cunningham's debates with the Home Office
(3 years, 5 months ago)
Public Bill CommitteesWell done, Mr Levy. Right, are there any more Back-Bench colleagues who would like to come in before I bring in the shadow Minister, who is champing at the bit? No? I call the shadow Minister.
Q
Earlier, I believe that I heard you correctly when you were expressing a view on the proposed changes to the test for custodial remand. Did you say that you were concerned that it could lead to more children being remanded in custody?
Hazel Williamson: No, that is not what I said. I believe that the Bill could lead to more children receiving custodial sentences. In terms of remand, we are pleased that the Bill strengthens the conditions for remand and that remand will be seen as the last alternative. However, in the courts arena we would like to see the reasons for remand being made really clearly recorded, and the decisions about it.
Q
Hazel Williamson: In particular, we are looking at mandatory sentences for some offences. What we have to understand is that the children and young people who we currently work with in the youth offending service are different from those we were working with 20 years ago. Youth offending teams have worked really hard to reduce the number of children and young people in the statutory youth justice system, and we have much lower numbers now. However, what we have is an increasingly complex group of children and young people, who have often experienced exploitation, in particular criminal exploitation, and significant trauma.
For me, what is a missed opportunity within the Bill is that join-up regarding how we work with children who are exploited by our serious crime gangs, and we need to be thinking about a much more welfare-based approach to how we work with our children and young people.
We are also concerned about the differences proposed for some of our 17-year-olds. We believe that, in terms of youth justice, they are a child until they get to 18. There is also lots of evidence about brain development, showing that it can take children until they are into their early or mid-20s to fully develop.
We believe that there is opportunity within the Bill for more custodial sentences and we are particularly concerned about our black and minority ethnic children, including our Gypsy, Roma and Traveller children.
Q
“In this Chapter…‘adult’ means a person aged 16 or over”.
Do you think that generally—you have already alluded to some of this—the Bill gives sufficient consideration to research on maturity?
Hazel Williamson: I know that there is mention of neurodiversity in the Bill, but it does not go far enough. We should treat children as children until they are 18 and they should be sentenced as a child until they reach the age of 18. In an ideal world, we would look beyond that, because many people do not develop fully, in terms of brain development, until they are in their mid-20s. The cohort of children and young people we are working with have suffered significant trauma. We know that affects what would be the brain of a teenager who had not experienced trauma; the brain develops differently, if you have experienced significant trauma and abuse. Virtually all the children we work with in our system have experienced abuse to some level or degree.
So no, the Bill does not go far enough, in my view. That links to our earlier conversation about being more welfare and rights-based. We need to think about the rights of children. They should be treated as children until they are 18.
Q
Hazel Williamson: If they have committed the offence as a child, they should be sentenced as a child. During covid, there have been some delays in court processes, which has meant some children being sentenced as an 18-year-old when they committed the crime as a child. Going back to our earlier conversation, we know that brain development does not change just at age 18. For me, if you committed the offence as a child, you should be sentenced as a child.
Q
Hazel Williamson: We have talked about this as an association. We have concerns when there are not opportunities to have terms reviewed. What we know is that there will be significant changes. For example, the brain of a child who was sentenced to a long term at 17 will have matured significantly by the time they reach their mid-20s, so we should be enabling that review to happen along and through their sentence.
Q
Hazel Williamson: What YOT managers say to me is that the biggest challenge is around funding. Youth offending teams have absolutely reduced first-time entrants; we have reduced children and young people going into custody. We are also reducing the reoffending rates for many of our children and young people. The assumption, therefore, is that youth offending teams do not need to be funded as much as they were previously.
However, youth offending team managers have been saying for some time that just because the numbers have reduced does not mean that we are not working with a complex group of children and young people. For many youth offending teams, the numbers they are working with have not reduced; it is just that the children are in a different space and place. For example, we might not be working with as many children on statutory orders, but we will be offering some kind of prevention and diversion to keep them out of the criminal justice system.
It is not always the case that because first-time entrants are reducing and the numbers of children involved in the criminal justice system are reducing, youth offending teams are not doing the same amount of work they have always done. Funding is really an issue, as is understanding the context and the numbers of children that YOTs are trying to work with across the country.
Q
Hazel Williamson: Absolutely, and we know that, but children and young people who commit those offences as children should still be sentenced as children. We can use the strength in our youth offending teams, because we have seconded probation staff working with us, so we can have quite a balanced report for those children and young people, and support them with the transition from youth offending teams into probation. Age and maturity should absolutely be considered across the whole system, but our children and young people who commit offences when under 18 should be sentenced as children.
Would any other colleagues from the Back Benches like to participate? No. I call the shadow Minister.
Q
Ellie Cumbo: That is another area of the Bill where, for the time being, we have chosen not to make significant comments. We comment on sentencing guidelines, but we view whether sentences should be tougher or softer as a political decision, and are slow to presume that our members would all have the same view.
Q
Ellie Cumbo: I think I can safely say that criminal defence practitioners in particular worry about sentence inflation as a political trend in the long term, but I do not think that I could responsibly comment on the specific provisions of the Bill. As I say, I do not think that members’ views would all necessarily align.
Q
Ellie Cumbo: Absolutely not, no. We are very clear on that.
Q
Ellie Cumbo: I think it is worth saying that the absence of public consultation on that point is a cause for concern. Anecdotally—I am sure this is true for many of you as well—nobody I have spoken to in a personal capacity feels comfortable that such a change might be made. They certainly find that they want to know more about it, and the safeguards that would underly it. This is an area where, to me, there is an obvious need for public consultation, given the importance that we all place on the way that juries work, and the ability to be tried by a jury of your peers.
In relation to whether we have been consulted as the Law Society, we have had informal conversations. We were aware that the possibility of remote juries was under consideration at one point during the pandemic, but of course it was not then introduced, so the timing of putting it on the statute book now struck us as rather odd.
Q
Ellie Cumbo: I think what is important is that we do not know. The problem with any change to the way juries work is the relative difficulty of having a baseline against which to compare changes. We do not know to what extent changes to the way juries operate would have an impact on fair trial rights and the justice of the outcomes.
One could only speculate about which particular categories of defendants might be impacted—the vulnerable, those who already have communication difficulties, and so on. I do not know how helpful that speculation is. The point is that you do not experiment with a decades-old system that is so important to ensuring our fundamental rights and freedom without significant evidence, including that there is a need for it and that it would in fact deliver additional capacity to the system, which has not been done yet. The evidence has not been produced that there would be a significant increase in capacity from the proposals.
Q
Ellie Cumbo: Our preferred safeguard is that we do not do it. We are very clear on that. We do not believe it is appropriate to introduce remote juries, particularly at a time when demand for them is surely in decline.
Q
Ellie Cumbo: As I said earlier, it has been a story of great success in many ways, enhancing the convenience of all parties, including solicitors, particularly in relation to those types of hearings—administrative hearings— where it is only legal professionals talking to each other. Why on earth should you not use a remote hearing for that?
But it is not just an innate conservativism that prompts those concerns about whether it is working well for all types of hearings and all types of people appearing in those hearings. This is a significant change that is difficult to analyse—in fact, I believe the MOJ itself is still in the process of evaluating its success. We are keen participants in those discussions and are keen that our views are heard. Our views are that where such hearings enhance the interests of justice, we are in favour of them and, where they do not, we are not.
Q
Dr Paradine: I am sorry to say that, no, we do not think that the current Bill does that. There are all sorts of ways in which the intent to reduce the number of women in prison radically and to divert women, and others, from the system is not played out in its provisions. For all the reasons that have been covered by the various members of the panel, it does not do that. Sadly, unless the Bill’s direction of travel is redirected towards rehabilitation and communities rather than prison and creating harsher sentences, any progress that has been made will unravel really quickly. The 500 prison places will sadly be the focus, rather than our hope that we could really transform the system in the way that it affects women, families and communities, and beyond that men and young people also.
There needs to be a really strong rethink of what the Bill is trying to do, and a focus on the real problem, which is community support services and the ways that we tackle the root causes of offending. There is very little in the Bill that convinces us that that is the focus, so we need a really strong rethink to focus on communities and not on prison. We know that victims want sentences that work. They do not want to see harsh sentences that do not work. Their interest is in stopping crime and reducing reoffending. Sadly, we do not think that the Bill as it stands achieves that ultimate aim.
Q
Dr Bild: Yes I do. Of all the clauses, that is the one that I have the most concern about. I saw some of the discussion on Tuesday with Jonathan Hall, QC in relation to terrorism, but this is broader than terrorism, of course. It takes in a large number of offences that are violent, and certain sexual offences.
The problem I think it creates is twofold. First, there is an issue with the power being given to the Secretary of State. As I say, I saw the debate on Tuesday. I think it engages slightly different considerations than the changes that took place last year in relation to terrorism did. On this occasion, we are talking about the Secretary of State intervening on the sentence of an individual prisoner, which engages a slightly different debate to the Secretary of State changing the arrangements for everyone convicted of a certain offence. I would draw an analogy to the Home Secretary’s old role to set the tariff for life-sentence prisoners. That power spent about 20 years in litigation before the Home Secretary lost it. It is slightly different, but there is an analogy, I think, and I am not sure that it is an appropriate power for the Secretary of State to have.
There is also a real concern that the most dangerous people will come out with no supervision, no licence conditions and no support. In some respects, the more dangerous you are, the less you will be managed in the community. In terms of managing that—
Q
Dr Bild: I am not sure that that will be a high-visibility issue for confidence in sentencing, to be honest. One of the huge problems we have is that we do not really know what goes on in magistrates’ courts. Magistrates’ courts themselves are very low-visibility things, so I do not think we should overstate the impact that these reforms will have on confidence.
Q
Dr Janes: Yes. These minimum term reviews are very little understood, because they are rare, but I have done a number of these cases in my own practice, and it is a very unusual situation where we get to see the criminal justice system actually incentivising people to make consistent and genuine change. The current proposal pins that opportunity on the arbitrary date when you happen to be sentenced. All of us want to see the consequences of crime actually fit what happened, and we know that in the current climate, cases are delayed for all sorts of reasons beyond a young person’s control. That might be because of delays due to covid, or because extremely vulnerable young people have to have their sentencing delayed while they have psychiatric and psychological reports, so this proposal does not seem to have any rational basis. It seems to deprive the most vulnerable people of something we would want for them, which is to be incentivised to really change their lives around.
Q
Dr Janes: That, I really cannot answer. As you say, the entire sentence is galvanised around the date of commission. As was said by the House of Lords in the Maria Smith case, that is because it is recognised—and has been for decades, and internationally—that children are less culpable than fully grown adults. There seems to be no rational rhyme or reason as to why the date of sentence would be chosen.
Does anybody else wish to comment on that? If not, I will pass to Sarah.
Q
Nina Champion: Thank you for that question. We responded to the consultation on serious violence reduction orders to oppose them—well, we tried to oppose those orders, but there was no question to enable us to oppose it. That option was not given as part of the consultation; it assumed that these were going ahead before the consultation had actually happened. What we do know is that many respondents to that consultation said that one of their key concerns was the disproportionate impact of this provision, particularly on young black men.
We do not believe that serious violence reduction orders are needed, or that there is evidence that they will reduce knife crime. Of course, we all want to reduce knife crime, but rather than additional surveillance, we would rather see additional support for people convicted of these offences. We worry about these very draconian and sweeping police powers to stop and search people for up to two years after their release without any reasonable grounds. Reasonable grounds are an absolutely vital safeguard on stop and search powers, and to be able to be stopped and searched at any point is a very draconian move that, again, risks adversely impacting on those with serious violence reduction orders. For young people who are trying to move away from crime, set up a new life and develop positive identities, to be repeatedly stopped and searched, labelled and stigmatised as someone still involved in that way of life could have adverse impacts. It could also have impacts on the potential exploitation of girlfriends or children carrying knives for people on those orders. There could be some real unintended consequences from these orders.
In relation to your point about what could be done, if these powers were to go ahead, we would like to see a very thorough evaluation of them before they are rolled out nationally. I do not have much confidence in that, given that section 60 powers, which also allow suspicion-less searches to happen, were rolled out following a pilot after several months without any evaluation being published or any consultation. It is therefore absolutely vital that these powers are thoroughly evaluated. That could involve things such as looking at the age and ethnicity of those who were stopped and searched, the number of people stopped in the belief they were someone who had an order but did not—we might see increased stop-and-account of people who have got nothing to do with an order, in cases of mistaken identity for someone who is under one—or the number of times individuals were stopped.
We would like to see scrutiny panels given access to body-worn video footage of every stop-and-search that is done under these powers or in belief of these powers. It is crucial that the evaluation speaks to people who are directly impacted by these powers, interviews them and understands what the impact is. It should also interview and speak to the organisations working with them. Ultimately, it should also look at whether this has achieved its aim. Has it reduced knife crime within an area compared to non-pilot areas? Much could be done to ensure that the evaluation is thorough to avoid the roll-out of these powers, which we believe are not necessary and could have disproportionately adverse impacts. They are just not needed.