Police, Crime, Sentencing and Courts Bill

(Limited Text - Ministerial Extracts only)

2nd reading & 2nd reading - Day 1
Monday 15th March 2021 Commons Chamber

[The Secretary of State for the Home Department (Priti Patel)]

I beg to move, That the Bill be now read a Second time.

Just one week after celebrating the achievement of women around the world on International Women’s Day, I would like to open this debate by once again expressing my sadness at the horrific developments in the Sarah Everard case. My heartfelt thoughts and prayers are with Sarah, her family and friends at this unbearable time. This is also a stark moment to reflect on what more we can do to protect women and girls against crime, and the events of the last few days have rightly ignited anger at the danger posed to women by predatory men—an anger I feel as strongly as anyone.

This Government were elected just over a year ago on a clear manifesto commitment to support the police and to keep our country safe. It is vital that we continue to deliver on that promise to the British people, and our commitment to law and order is having a real impact across the country. There are already over 6,600 more police officers in our communities, thanks to the unprecedented campaign to recruit an additional 20,000 more police officers. Our crackdown on county line drug gangs is delivering results, particularly in London, the west midlands and Merseyside. The police have made more than 3,400 arrests, shut down more than 550 deal lines and safeguarded more than 770 vulnerable people. Last year, we saw the UK’s biggest ever law enforcement operation strike a blow against organised crime, with over 1,000 arrests, £54 million of criminal cash seized, and 77 firearms and over two tonnes of drugs seized. The Police, Crime, Sentencing and Courts Bill will go further still in our mission to back the police, to make our communities safe and to restore confidence in the criminal justice system.

We ask our brave police officers to do the most difficult of jobs—they run towards danger to keep us all safe—and that is why I have worked closely with the Police Federation in developing this Bill. I would like to pay tribute to the chair of the Police Federation, John Apter, for his constructive way of working since I became Home Secretary, admirably fighting for his members every single day. He has voiced his members’ concerns to me directly, and I have acted upon them.

This Bill will enshrine in law a requirement to report annually to Parliament on the police covenant, which sets out our commitment to enhance support and protection for those working within or retired from policing roles, whether paid or as volunteers, and their families. The covenant will initially focus on physical protection and support for families, officers and staff, and their health and wellbeing, with a duty to report in place to ensure parliamentary scrutiny.

Despite all that they do, emergency workers are still subject to violence and abuse. The statistics paint an alarming picture. There were more than 30,000 assaults on police officers in the year to March 2020, and over the past year we have all seen the reports of people deliberately coughing at our emergency workers, claiming to have coronavirus and threatening to infect them. There have been too many disgusting examples of police officers and ambulance drivers being spat at and violently attacked as they go out to work day after day to make sure that the rest of us are safe and cared for.

[Gareth Johnson (Dartford) (Con)]

This Bill doubles the maximum sentence for an assault on emergency workers. Does the Home Secretary therefore share my astonishment at the irony that the Labour party will now be voting against that provision?

[Priti Patel]

My hon. Friend is absolutely right. Having personally spent much time with our frontline officers, the very people who put themselves in harm’s way to keep us safe, I think that is a really stark point, and a reminder of which party is backing the police and which party simply is not.

[Chris Bryant (Rhondda) (Lab)]

Will the Home Secretary give way?

[Priti Patel]

I will in just a second.

Having personally spent time with those on the frontline, I have also seen the impact of these incidents on officers and on their families. We cannot tolerate such acts, which is why the punishment must fit the crime, and the Bill will double the maximum penalty for assaults on emergency workers from 12 months’ to two years’ imprisonment.

[Chris Bryant]

I urge the Home Secretary not to play party politics with this particular bit. I introduced, as a private Member’s Bill, the legislation that she is acting on, and at the time I argued very strongly in favour of two years being the maximum sentence. I was dissuaded by the right hon. Member for Esher and Walton (Dominic Raab), who is now the Foreign Secretary; by the right hon. Member for Maidenhead (Mrs May), the former Home Secretary; and by a lot of Conservative MPs, who did not want to support the legislation at all.

I need to be persuaded that the Government have used the legislation that is on the statute book at present. For instance, the Home Secretary refers, quite rightly, to people spitting at police officers. It is disgusting and it is a form of assault, but unfortunately the sentencing guidelines still have not been updated since the introduction of my legislation to make sure that spitting is an aggravating factor and will be treated as an offence.

[Priti Patel]

There are many important points that I would be happy to debate about the police covenant and giving our police officers—the frontline men and women who keep us safe day in, day out—the protection that they and their family members deserve. The hon. Gentleman is right about the sentencing structure and guidance, but we have had support from the Crown Prosecution Service regarding the assaults that I have referred to, particularly over the last few months in relation to coronavirus, when we have seen spitting and assaults on officers.

This Bill is a criminal justice Bill as much as a policing Bill. It is an end-to-end Bill to ensure that the sentence fits the assault and the crime. The Bill will double the maximum penalty for assaults on emergency workers from 12 months’ to two years’ imprisonment, recognising that our officers and emergency workers should rightly be protected. Having spent much time with those on the frontline and seen the impact and the sheer volume of these incidents, I think it is right that we have that provision in this Bill.

The Government fully recognise the professionalism and skills of our highly trained police officers, and that includes the specialism of police drivers. Too often, they are driving in high-pressure situations pursuing suspects on the road while responding urgently to incidents. Through this Bill, we will introduce a new test to assess a police officer’s standard of driving. Should an officer be involved in a road traffic incident, this new test will allow the courts to judge their standard of driving against that of a competent and careful police constable with the same level of training, rather than that of a member of the public, which is how it stands at present.

The Government back the police and will never allow those with an extreme political agenda, such as those calling for the defunding or abolition of the police, to weaken our resolve when it comes to protecting the police. We back the police and will do everything we possibly can to make our community safer.

I have heard the call of the British public for safer communities, and that means cracking down on violent crime, which has a corrosive impact on towns and cities across the country. That includes gangs peddling drugs, as a result of which law-abiding citizens live in fear and, tragically, teenage children are stabbed to death. This senseless violence has absolutely no place in our society.

[Mr Toby Perkins (Chesterfield) (Lab)]

I support entirely the need to make sure that sentences fit the crime, but is not the reality that courts have huge backlogs and are reluctant to jail people who should be in jail, because they know that our prisons are overcrowded? Does not this Government’s failure on courts and prisons massively undermine what the right hon. Lady says about sentencing?

[Priti Patel]

Absolutely not. The Government are determined in their resolve—through this legislation, and delivering on our manifesto commitments—to bring in sentences that fit the crime. This is an end-to-end criminal justice Bill. If the hon. Gentleman and hon. Members listen to this afternoon’s debate, they will hear about the measures that are being introduced, and about the Government’s longer-term response. That includes the wider work that the Government are undertaking with the courts and the CPS; the changes that we need to make not just to sentencing, but to our laws; and the support that we are giving to our police.

[Sir Edward Leigh (Gainsborough) (Con)]

We do not want to waste police time. Over the years I have formed an unlikely alliance with people such as Peter Tatchell, particularly with the Anti-social Behaviour, Crime and Policing Act 2014, to ensure that we enshrine in law your ability, Madam Deputy Speaker, my ability, or anybody’s ability to insult people and cause offence. Thinking particularly of clause 59, will my right hon. Friend assure me that nothing in the Bill will have a chilling effect on the right to debate and, if necessary, cause offence?

[Priti Patel]

When it comes to freedom of expression, my right hon. Friend knows my views and those of this Government. Prior to taking interventions I spoke about the corrosive impact of violent crime across our towns and cities. Tragically, too many young children—teenagers—have been stabbed to death in towns and cities of the UK. Such senseless violence has no place in our society. I have met too many mothers whose children have been murdered on the streets of our city, and I have seen the raw pain and distress of parents grieving for their child, and the utter devastation they are forced to endure.

We are proud that this Government have put more police officers on the beat, but tough law enforcement can be only part of the solution. We must do much more to understand and address the factors that drive serious violence, so that we can prevent it from happening in the first place. Through the Bill, we will introduce a serious violence duty, which will work to bring public bodies, including the police and local authorities, to work together as one, to share data and information across our communities, and work together to save lives. I thank many of my predecessors for their work on that, particularly my right hon. Friend the Member for Bromsgrove (Sajid Javid).

I make no apology for finding new ways to protect our communities and save the lives of our young people. Whenever lives are tragically lost as the result of serious violence, we must do everything we can to learn from what has happened. Homicides involving offensive weapons such as knives make up a large and growing proportion of all homicides, yet no legal requirement is currently placed on local agencies to understand what has happened after each incident. We are therefore introducing the requirement for a formal review to be considered, where a victim was aged 18 or over and the events surrounding their death involved the use of an offensive weapon. The new reviews will ensure that we learn lessons from such cases, and produce recommendations to improve our response to serious violence.

Every time someone carries a blade or a weapon, they risk ruining their own lives and those of others. Every stabbing leaves a trail of misery and devastation in its wake. Our new serious violence reduction orders will help the police to protect our communities better, by giving officers the power to stop and search those already convicted of crimes involving knives and offensive weapons. The orders will help to tackle prolific and higher-risk offenders, and help to protect individuals from exploitation by criminal gangs. That is exactly what I mean when I say that we are making our communities safer.

There will be concerns about disproportionality, but our aim is for these orders to enable the police to take a more targeted approach, specifically in relation to known knife carriers. Unfortunately, data from 2018-19 indicate that the homicide risk for young black people is 24 times higher than that for young white people. That is appalling. As long as young black men are dying and their families are disproportionately suffering, we cannot stand back, and I cannot apologise for backing the police when it comes to stop and search. The Government will work with the police to gather data on the impact of the orders to deliver real and lasting results.

Victims and witnesses must have the full protection of the law while the police conduct their investigations. We will reform the pre-charge bail regime to encourage the police to impose pre-charge bail, with appropriate conditions where it is necessary and proportionate to do so, including where there is a real risk to victims, witnesses and the public. We hope that that will provide reassurance and additional protection for alleged victims, for example in high-harm cases such as domestic abuse.

[Peter Kyle (Hove) (Lab)]

Since the Home Secretary’s Government first promised a victims Bill, there have been 1 million sexual offences and 350,000 rapes. This Bill is 300 pages long and barely mentions women or children. The explanatory notes do not mention women or girls once. Will she get to her feet and apologise finally for missing this fantastic opportunity to put victims at the heart of our criminal justice system?

[Priti Patel]

I will take no lectures from the hon. Gentleman or the Opposition when it comes to supporting victims. As the former chair of the all-party parliamentary group on victims, I and this Government have absolutely put victims at the heart of all our work, as have my predecessors in all their work.

[Peter Kyle]

Asleep on the job.

[Priti Patel]

The hon. Gentleman can yell from the Back Benches, but it is important to remember that when it comes to protecting victims, there are many victims of different offences and different crimes. I think he and all Members of this House should recognise that this Bill will absolutely provide additional protections for victims in high-harm cases such as domestic abuse and many other cases.

These reforms will be named Kay’s law in memory of Kay Richardson, who was tragically killed following the release of her husband under investigation, rather than on pre-charge bail, despite evidence of previous domestic abuse. It is impossible to imagine the impact of such an horrific crime on the victim’s loved ones, and we all have a responsibility to do all we can to prevent more victims and more families from suffering as they have. That is the point and the purpose of this Bill—it is an end-to-end Bill.

Before Opposition Members start to prejudge any aspect of this Bill and this Government’s work on victims, there will be plenty of time to debate this Bill. There will also be plenty of time to debate the role of victims and how the Government are absolutely supporting victims.

An essential responsibility and a duty on us all is protecting our children. I am truly appalled and shocked by each crime and every case of hurt and harm against young people from sexual abuse and exploitation. It is impossible to comprehend the motivation of those who perpetrate offences against children, and we have been reviewing the law in this area carefully to ensure that any changes we make are the right ones. Through this Bill, I intend to extend the scope of the current legislation that criminalises sexual activity with a child under the age of 18 by people who hold defined positions of trust to include faith leaders, sports coaches and others who similarly coach, teach, train, supervise or instruct a sport or religion on a regular basis.

This issue has some brilliant and long-standing champions. I thank my hon. Friend the Member for Chatham and Aylesford (Tracey Crouch), who even throughout her recent cancer treatment worked with me to ensure that we address this significant issue. I also thank the hon. Member for Rotherham (Sarah Champion), who continues to stand by the many victims who were abused as youngsters and who were failed and ignored by those who should have supported them. I also thank Baroness Grey-Thompson for her tireless work on this issue.

Through this Bill, we will also introduce an important measure to help bring closure to families whose loved ones have gone missing. The House will know the horrific case of Keith Bennett and the struggles his family have gone through to find his body since his murder. In 2017, the police believed they had a further lead when it came to light that Ian Brady had committed papers to secure storage before his death, but a gap in the law meant that the police were unable to get a search warrant to seize those papers.

I know this is an important issue—indeed, it has been raised by the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) and others. I am therefore introducing new powers enabling officers to seize evidence that they believe may help to locate human remains outside of criminal proceedings, such as in missing persons cases, suicides and homicide cases where a suspect is known but cannot be convicted, such as where the suspect themselves has died. As I said to Keith’s brother, Alan, when I met him recently, I am absolutely determined to give the police all the powers they need to access any evidence that could help them to bring some closure in cases such as Keith’s. While I cannot guarantee that a loved one will be found, I can make sure that families are provided with every avenue that our legal system will allow in the pursuit of justice. This is why we emphasise the need to make our communities safer, and that is exactly what the Bill does.

The right to protest peacefully is a cornerstone of our democracy and one that this Government will always defend, but there is, of course, a balance to be struck between the rights of the protester and the rights of individuals to go about their daily lives. The current legislation the police use to manage protests, the Public Order Act 1986, was enacted over 30 years ago. In recent years, we have seen a significant change of protest tactics, with protesters exploiting gaps in the law which have led to disproportionate amounts of disruption. Last year, we saw XR blocking the passage of an ambulance and emergency calls, gluing themselves to a train during rush hour, blocking airport runways, preventing hundreds of hard-working people from going to work. Finally, I would like to gently remind the House that on one day last year many people across the country were prevented from reading their morning newspapers due to the tactics of some groups—a clear attempt to limit a free and fair press, a cornerstone of our democracy and society.

The Bill will give the police the powers to take a more proactive approach in tackling dangerous and disruptive protests. The threshold at which the police can impose conditions on the use of noise at a protest is rightfully high. The majority of protesters will be able to continue to act and make noise as they do now without police intervention, but we are changing it to allow the police to put conditions on noisy protests that cause significant disruption to those in the vicinity. As with all our proposals, the police response will still need to be proportionate. The statutory offence of public nuisance replaces the existing common law offence. Our proposals follow the recommendations made by the Law Commission in 2015. The threshold for committing an offence is high, with any harm needing to affect the public or a cross-section of the public and not just an individual.

We must give the courts the tools to deal effectively with the desecration of war memorials and other statues. Through the Bill, we will toughen the law where there is criminal damage to a memorial by removing the consideration of monetary value of damage. Those changes will allow the court to consider the emotional and sentimental impact, not just financial, so that the sentence can reflect the severity of harm caused. For what it is worth, that does not just mean statues. It will cover a range of memorials with low monetary but high sentimental value, for example gravestones, war memorials, roadside tributes to people killed in car crashes and the memorials to people who have been murdered, such as the Stephen Lawrence memorial. I would like to thank my hon. Friends the Members for Stoke-on-Trent North (Jonathan Gullis) and for Bracknell (James Sunderland) for their important work on this issue.

I am also clear that no one should have to put up with disturbances and disruptions on their doorstep. Unauthorised encampments can create significant challenges for local authorities, and cause distress and misery to those who live nearby. As we pledged in our manifesto, we will make it a criminal offence to live in a vehicle on land without permission and we will give the police the power to seize vehicles if necessary. I can assure the House that the new offence has been framed in such a way to ensure that the rights of ramblers and others to enjoy the countryside are not impacted.

[Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)]

What consideration has the right hon. Lady given to the rights of generations of Travellers and Gypsies, who have often been around longer than some of our property laws, who might want to pull up on a roadside for a night? What consideration of their rights has been given in the Bill, which will automatically criminalise them?

[Priti Patel]

The hon. Gentleman will be aware that there was an extensive public consultation on this issue and all those points were considered at the time.

[Aaron Bell (Newcastle-under-Lyme) (Con)]

The Home Secretary may remember coming to visit Wolstanton Marsh in my constituency during the election campaign. Residents around Wolstanton have long suffered as a result of the unauthorised encampments on the marsh. Will she join me in welcoming what the Bill will do for them? This is a manifesto pledge delivered.

[Priti Patel]

I recall a visit to my hon. Friend’s constituency, and he is right. Many colleagues, and many members of the public through the public consultation, made the point that unauthorised encampments cause misery and harm to those in the local communities affected by them. There have been many discussions with colleagues across the House on this point, and with local authorities, which more often than not bear the brunt of the costs and consequences, alongside the police.

In September, my right hon. and learned Friend the Lord Chancellor published a White Paper setting out our vision for a smarter approach to sentencing, and now we are introducing legislation to establish this in law. We need a system that is robust enough to keep the worst offenders behind bars for as long as possible, but agile enough to give offenders a fair start on their road to rehabilitation. Sexual and violent offenders must serve sentences that reflect the severity of their crimes, helping to protect the public and give victims confidence that justice has been served. These offences are committed predominantly against women. Through this Bill, rapists and other serious sexual predators sentenced to a standard determinate sentence of four years or more will henceforth serve at least two thirds of their sentence in custody. Rapists sentenced to life imprisonment will similarly serve longer in custody before they are considered for release on licence. The Bill also strengthens the framework for the management of sex offenders. In particular, we are legislating so that courts can attach positive requirements to a sexual harm prevention order or a sexual risk order so that, for example, a perpetrator can be required to attend a behavioural change programme.

The measures in this Bill build on those in the Domestic Abuse Bill, which will return to this House after Easter. Among the changes we have brought forward in the Lords is a new offence of non-fatal strangulation and the criminalising of threats to disclose intimate images. I know that these additions to the Bill will be welcomed by the right hon. and learned Member for Camberwell and Peckham (Ms Harman) and my right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes). We have had discussions already this afternoon about violence against women and girls and what more we can do; these measures are fundamental to restoring confidence in the criminal justice system.

We also recognise that the reoffending rate for children is high, and that is why we are taking forward measures to provide courts with stronger alternatives to custody. In the Bill, we are providing custodial sentencing options for the most serious crimes, alongside alternatives that will allow youth offenders to be effectively managed and rehabilitated in the community. That will ensure that judges and magistrates are able to make the most appropriate decisions in the best interests of the child and of the public. In recognition of the fact that children now in custody are much more likely to have complex needs, we will introduce measures to enable the trialling of secure schools. They will be schools with security rather than prisons with education, and they will have education, wellbeing and purposeful activity at their heart.

The courts play a fundamental role in our criminal justice system. During the pandemic, we have seen the benefits of enabling participation in proceedings remotely or by live video or audio link. We want to put these temporary provisions on a permanent footing, giving judges better options to support the effective and efficient running of their courts and underpinning the principle of open justice. Our aim is to modernise our courts and tribunals so that there are more opportunities to attend and observe hearings remotely, shorter waiting times and less unnecessary travel. I can assure the House that these advantages will never be taken from the right to a full hearing in court. This will always be available where needed, and where the court considers it to be in the interests of justice. Trials will continue to take place in court. We also want to further improve accessibility to our justice system for people with disabilities.

[Peter Kyle]

At the moment, if somebody suffers a sexual assault or rape, they will wait two years before they have their moment in court. Will the Home Secretary agree to amend the Bill so that people who are victims of rape or sexual assault will be fast-tracked straight into the court system and will no longer have to wait two years?

[Priti Patel]

It is absolutely right that we look at every single measure and approach to ensure that victims of rape receive justice. As the hon. Gentleman will know, the rape review is taking place and will soon be published.

We want to improve accessibility to our justice system for people with disabilities. Reasonable adjustments can be made for most people with disabilities to enable them to complete jury service. However, the law has to date prevented deaf people who require the services of a sign language interpreter from having an interpreter in a jury deliberation room with them. We are changing that to ensure that all deaf individuals are able to serve as jurors unless the circumstances of a particular case mean that it would not be in the interests of justice for them to do so.

As I said at the beginning, this Government were elected on a clear manifesto commitment to keep our country safe. That is what the British people rightly expect, and that is what this Bill will deliver, by supporting the police, by preventing and cutting crime and by restoring confidence in the criminal justice system, because giving people the security they need to live their lives as they choose is an essential part of our freedom. As we emerge from the coronavirus pandemic, we will build back safer and increase the safety and security of our citizens. This Bill will enable us to do exactly that, and I commend it to the House.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I should inform Members that we will start with a time limit of five minutes, but it will go down very quickly to three minutes.

--- Later in debate ---

[Nick Thomas-Symonds]

Absolutely. The cancellation of that workstream is entirely wrong. I say to the Home Secretary that the offer is open on that. The letter has been sent to the Home Office; reply and engage with us on the Opposition Benches.

[Priti Patel]

I am actually not aware of that workstream being cancelled or the letter, so I would be more than happy to come back to the House and follow up with the right hon. Gentleman and the hon. Member for Hove (Peter Kyle).

[Nick Thomas-Symonds]

I am grateful for that, and when the Home Secretary returns to the Home Office, I would be grateful if she could dig out the letter and respond. That would be extremely useful—it was sent on 29 January, for reference.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for the Home Department (Chris Philp)]

The shadow Home Secretary should well know and should honestly tell the House that the maximum sentence for rape is life.

[Nick Thomas-Symonds]

I asked the Home Secretary earlier in the statement to tell me how many people convicted of rape were actually sentenced to life imprisonment, and she could not answer the question. The answer is hardly any. Ninety-nine per cent. of reported rapes do not even get close to a court, and then we hear the Minister trying to come to the Dispatch Box to boast about the rape statistics—absolutely appalling.