The Parliamentary Under-Secretary of State for Justice (Laura Farris)
Thank you, Mr Speaker.
Since 2010, this Government have transformed the legislative landscape on tackling violence against women. We have created new criminal offences of stalking, non-fatal strangulation and coercive control, recognising that the most pernicious abuse is not always physical. We have implemented comprehensive modern slavery and domestic abuse laws, and outlawed insidious harms, such as revenge porn and the so-called “rough sex” defence to murder. We are prosecuting more rape cases today than in 2010, with sentences that are about 50% longer. But we are going further still, in our Sentencing Bill, our Criminal Justice Bill and our Victims and Prisoners Bill.
Owen Thompson
I welcome the Minister to her place. We need to be doing much more to tackle the culture of toxic masculinity that, sadly, still exists. We recently had a situation in Midlothian where one of our councillors faced sexual harassment at a public event. When they complained and raised the issue, the perpetrator’s colleagues simply said, “But he’s a good guy.”. We need to do much more to tackle that sort of attitude. Despite the complaint being made and the complainant being believed, no action was ever taken. What more can this Government do to ensure that in these situations action is taken so that we protect women and girls from such unfortunate situations?
Laura Farris
I thank the hon. Gentleman for his question. I know that he does a lot of work on perpetrator programmes through the White Ribbon scheme in Scotland. I am sorry to hear about the experience of one of his local councillors, and I draw to his attention the Protection from Sex-based Harassment in Public Act 2023, which recently received Royal Assent. It creates an offence of intentional harassment carried out because of a person’s sex. It is quite possible that that covers his friend’s case, so I would be grateful if he wrote to me or came to see me to discuss it further.
Joanna Cherry
Last month, Sex Matters presented the Prime Minister with a letter signed by almost 15,000 people asking him to
“take urgent action to halt an escalating campaign of violence and intimidation against women in the name of ‘trans rights’.”
It details how women and, in particular, lesbians are being threatened with the loss of their livelihoods and with physical violence, shouted down and intimidated at public events, and sometimes even assaulted for insisting on their rights to freedom of belief and of expression, and for calling for sex-based protections to be upheld. Will the Minister condemn that violence and intimidation? Will she urge the Prime Minister to do so as well and to commit to addressing it by commissioning a rapid review of the impact of extreme trans rights activism on women’s rights, including the rights of lesbians? Will she also open a call for evidence?
Laura Farris
I thank the hon. and learned Lady for her question, and I certainly condemn the conduct that she has described. Even though holding a gender critical belief is protected in law, both under section 10 of the Equality Act 2010 and, more widely, under article 9 of the European convention on human rights, I am aware of the polarisation and, sometimes, intimidation that surrounds this debate. I have seen the letter that Sex Matters wrote to the Prime Minister, and the hon. and learned Lady should be in no doubt about how seriously this is viewed. I have made reference to the Protection from Sex-based Harassment in Public Act 2023, which creates an offence of intentional harassment where there is any causal connection, even a weak one, to a person’s sex, under which such conduct may fall. She has asked for a rapid review, and I would like to meet her to discuss that further and any next steps.
Kirsten Oswald
A recent large-scale study by the Open University on societal attitudes and experiences of online violence against women and girls found that seven in 10 believe that the current legislation is not effective in tackling such violence. Almost three quarters of women in Scotland, and more than half of men there, want online violence to be made a crime—that is a higher level than was found among those surveyed in England. Platforms have a duty of care to their users, so what steps is the Minister taking to ensure that new guidance in the Online Safety Act 2023 is effectively enforced and encourages women and girls to come forward with cases of online abuse?
Laura Farris
The hon. Lady makes an excellent point. There is no doubt that some of the toxic content, including violent pornography, has a serious impact on the way that women and girls are treated and the attitudes that certain men have towards them. As she will know, the Online Safety Act 2023 only received Royal Assent a month ago, and there is an extended implementation period. She will also know, I hope, that one of the later amendments to the Bill accepted by the Government placed a statutory obligation on Ofcom to publish guidance which summarises the measures that all online services need to take to reduce the risk of violence to women and girls. That is not on its own, but in consultation with the Domestic Abuse Commissioner, the Victims Commissioner and other experts. The Act also places an obligation on social media and pornography providers to prevent children from being exposed to harmful content through new and robust age verification exercises—
Marion Fellows
I welcome the Minister to her place. Her former colleague, the Home Secretary, thought homelessness was a lifestyle choice, yet in reality, almost a quarter of homelessness among women and children is due to a violent or abusive relationship. The Scottish Government are piloting £1,000 grants to assist women who have left violent relationships, to help pay for essentials including rent and clothing. Has she considered that approach, instead of taking tents off the homeless?
Laura Farris
We placed the safety of domestic abuse victims at the heart of the Domestic Abuse Act 2021. Local authorities have been given £25 million to ensure that all domestic abuse victims receive priority for housing. In addition, the Act places a legal duty on tier 1 local authorities to provide a wide range of support, including refuges. To date, the Department for Levelling Up, Housing and Communities has allocated £377 million for local authorities to comply with the duty to provide housing.
Andrew Western
It is vital that victims of serious sexual assault are supported through what can often be a lengthy and traumatic process, yet we know that many rape victims do not access early mental health support because their therapy notes can be requested as part of the criminal investigation. That happens far too often and treats the wrong person with suspicion. Does the Minister agree that a specialist legal advocate for victims could allow them to challenge invasive requests for private information and access the support they need at the time they need it most?
Laura Farris
This is an issue that the Law Commission is looking into, and it already appears in our Victims and Prisoners Bill, so that such requests will never be more than necessary and proportionate. On the subject of whether there should be a dedicated legal adviser, I respectfully draw the hon. Gentleman’s attention to the fact that since 2010, there are now 950 dedicated independent sexual violence advisers, who can support victims of rape and serious sexual abuse every step of the way. We have quadrupled victims funding to ensure that we continue to grow that cohort.
Sir Robert Neill (Bromley and Chislehurst) (Con)
I warmly welcome my hon. Friend to her place on the Treasury Bench; it is much deserved, and she was a distinguished member of the Justice Committee. She will know from that time that much work has already been done, following on from Operation Soteria, to improve investigation, conviction and prosecution rates and the victim experience in relation to rape and serious sexual offences. Will she also bear in mind that there are further opportunities, which we highlighted as a Committee in our scrutiny of the victims element of the Victims and Prisoners Bill, to improve the victim experience and ensure that it is consistent across the whole country?
Laura Farris
I thank my hon. Friend for his question and applaud all the work he does as Chair of the Justice Committee. It is undoubtedly true that the Victims and Prisoners Bill plays an important role in putting the victims code on to a statutory footing and giving victims enhanced rights, including a right of review and a right to make an impact statement, which we have supported. I also draw his attention to not just Operation Soteria but the fact that we are training 2,000 specialist police officers in rape and serious sexual offences, as well as the national roll-out of section 28 evidence procedures, which enable victims of these hideous crimes to give evidence early, privately and behind closed doors, to completely change their experience of the criminal justice system and keep them engaged in the process.
Greg Clark (Tunbridge Wells) (Con)
I welcome the Minister to her well-deserved appointment. She will be aware of the case of David Fuller, who, as well as murdering two women, abused the corpses of over 100 women and girls in the mortuaries of the Maidstone and Tunbridge Wells NHS Trust. For these crimes, he will rightly die in prison. However, the current legislation is shockingly inadequate on the abuse of dead bodies. It covers only penetrative sexual assault and not other acts of sexual assault on dead bodies. Will the Minister meet me, my hon. Friend the Member for Chatham and Aylesford (Tracey Crouch) and other colleagues to discuss how we can rectify that in the Criminal Justice Bill, which comes before the House next week?
Laura Farris
I thank my right hon. Friend for his question. The David Fuller case is appalling, and I send my deepest sympathies to the families of his victims. It is unbelievably dispiriting that we are even having to talk about these acts, and of extending the definition of abuse to meet the width and depravity of his crimes.
As my right hon. Friend will know, the offence he is referring to is dealt with in section 70 of the Sexual Offences Act 2003. As a result of the David Fuller case, the Ministry of Justice is now reviewing both the maximum penalty and the scope of the law to ensure that what my right hon. Friend describes is adequately captured. Of course, I will have a meeting with both him and my hon. Friend the Member for Chatham and Aylesford (Tracey Crouch) in due course.
Chris Stephens (Glasgow South West) (SNP)
I join others in welcoming the Minister to her place. A victims Bill has been promised by the Conservatives since 2016, but while the UK Government have dithered, the Scottish Government have introduced the Victims, Witnesses, and Justice Reform (Scotland) Bill, which seeks to put victims and witnesses at the heart of the justice system. It ensures that a range of trauma-informed support is available to child victims of violent and sexual abuse crimes, allowing them to give pre-recorded evidence without needing to go to a police station or a court. Have the Minister and the Government considered adopting that approach?
Laura Farris
I thank the hon. Gentleman for his question. As he will know, our Victims and Prisoners Bill is making its way through Parliament as we speak. He has talked about victim-focused support; I draw his attention to things like Operation Soteria, which is directed at rape victims and has now been rolled out on a national basis. That places victims’ rights at the heart of the inquiry and focuses all the effort on the suspects and their behaviour, so to be honest, what he has described is consistent with our current models of policing and investigating crime. I hope the Victims and Prisoners Bill will conclude its passage through Parliament and receive Royal Assent soon.
Neale Hanvey (Kirkcaldy and Cowdenbeath) (Alba)
The Lord Chancellor and Secretary of State for Justice (Alex Chalk)
The UK is one of the major funders of the International Criminal Court, and provides further practical support including sentence enforcement, pro bono expertise in victim and witness protection, and secondments. In June, I met with the prosecutor of the International Criminal Court, Karim Khan KC, and I will remain in contact with the ICC to discuss what resources it needs to operate effectively.
Neale Hanvey
It should go without saying that the International Criminal Court needs to be able to do its work unimpeded if it is to establish when collateral damage transcends into deliberate slaughter, or whether self-defence was in fact collective punishment. Will the Government provide a guarantee from the Dispatch Box that they will not intervene—as they did alongside the United States in 2021—against any future ICC investigation into war crimes perpetrated against the people of Gaza?
Alex Chalk
The hon. Gentleman’s original question was about the resource that we provide to the ICC. We are the second largest donor after Germany, and we have provided some additional support this year. Questions about prosecution are matters for independent prosecutors. It is not for Ministers in this Parliament to make that sort of decision: that will be a matter for independent prosecutors, whom I would expect to exercise their discretion freely and fairly.
David Linden (Glasgow East) (SNP)
Richard Thomson (Gordon) (SNP)
The Parliamentary Under-Secretary of State for Justice (Mike Freer)
Legal aid is available for asylum cases, for victims of domestic abuse and modern slavery, for separated migrant children, and for immigration cases where someone is challenging a detention decision. Through the Illegal Migration Act 2023, individuals who receive a removal notice under the Act will have access to free legal advice in relation to that notice.
David Linden
The Law Society has warned that a proposed 15% increase in legal aid rates will not be enough to ensure that sufficient immigration lawyers are available to deal with deportations to Rwanda. Charities supporting refugees make 16 attempts on average before securing a lawyer, while in London, charities are only successfully finding legal representation for 4.1% of referrals. What steps is the Minister taking to ensure that the legal aid sector does not collapse in England and Wales due to the poor decisions made by his colleagues?
Mike Freer
The 15% was agreed after a six-week consultation looking at other increases for other specialist work. The Legal Aid Agency will always keep provision under review to ensure that cover is provided for those who need it.
Richard Thomson
There are approximately 175,000 people trapped in the current asylum backlog, many of them living in hotels with no right to support themselves or their families through work. Instead of unlawful and pointless dog-whistling gestures such as the Government’s Rwanda policy, would it not be better to allow people the opportunity to work and support themselves, and to allow the Home Office and the legal aid system to be resourced adequately so that we can deal with our international obligations exactly as we ought to?
Mike Freer
The question about the Home Office is one the hon. Member may want to raise with Home Office Ministers themselves. On access to legal aid, I would not say that £2 billion of legal aid means this is under-resourced. This year alone, we have continued to increase levels of legal aid across the board, and specifically in specialist areas such as immigration, so I reject the notion that it is underfunded.
Chris Stephens (Glasgow South West) (SNP)
The Lord Chancellor is currently facing a judicial review over the failure to ensure that immigration legal aid is available to those who need it. For example, the south-west has capacity for fewer than 300 people per year, yet the Bibby Stockholm has capacity for almost 500. Is this not an abject failure of the legal aid system? It is operating exactly how the Government have designed it to: abandoning the most vulnerable to navigate a complex and hostile environment without any recourse to legal representation. Is this moral bankruptcy or incompetence, or is it a combination of both?
Mike Freer
I do not accept that characterisation at all. In fact, this Government are putting legal aid in place to support those affected by the Illegal Migration Act and especially the uplift in fees to ensure that qualified legal advice is available to people, whether physically or through telephone advice. Access to justice, and access to legal aid, is there.
Andrew Jones (Harrogate and Knaresborough) (Con)
The Minister of State, Ministry of Justice (Edward Argar)
I am pleased to say that the proportion of prison leavers in employment six months after their release has more than doubled in the two years to March 2023. We have delivered significant reforms in this area, among which are prison employment leads to match prisoners to jobs on release, and business-led employment advisory boards that partner prisoners with industry to benefit from their expertise. While this is very significant progress, there is always more to do, and we are determined to continue to see that figure climb higher.
Andrew Jones
I thank my right hon. Friend for that answer. We know that ex-offenders are at high risk of homelessness, particularly immediately on release. We also know that being in work significantly reduces that risk, so the link between the probation service and Jobcentre Plus in supporting ex-offenders into work is of critical importance. Will the Minister do everything possible across Government to ensure that ex-offenders leave custody with the best possible chance of getting a job?
Edward Argar
May I take this opportunity to pay tribute to my predecessor as prisons and probation Minister, my right hon. Friend the Member for East Hampshire (Damian Hinds), for his work in this space?
My hon. Friend, as always, is absolutely spot-on that securing employment and preventing homelessness are essential to tackling reoffending. Those in work are nearly 10% less likely to reoffend. We work closely with the Department for Work and Pensions to ensure that prison leavers have effective support to prepare for employment on release. For example, prisoners can meet a DWP prison work coach from 12 weeks before release to provide advice on benefits and employment, including day one access to DWP employment programmes, and we continue to foster those strong links.
Jim Shannon (Strangford) (DUP)
I thank the Minister for his response. Veterans very often fall on hard times, find themselves in prison and then become ex-offenders. Has the Minister had any opportunity to work alongside the Minister for Veterans’ Affairs to ensure that priority can be given to help veterans get over the bad times and to re-engage in society again? They have offered so much during their time in the services, and they can do so again if given the opportunity.
Edward Argar
I am grateful to the hon. Gentleman, who is absolutely right to highlight just how much veterans, even when they have got themselves into bother, can offer the community through rehabilitation and through work. Although I have not yet had the opportunity to engage with my right hon. Friend the Minister for Veterans’ Affairs, I intend to do so. A whole range of opportunities can work for veterans. Just this weekend, I saw the ex-jockey Ryan Hatch on ITV Racing talking about his work highlighting equine job opportunities—which are often appropriate for veterans—in prisons. I look forward to working with my right hon. Friend—and, indeed, with the hon. Gentleman, if he wishes—on this issue.
Scott Benton (Blackpool South) (Ind)
Gary Sambrook (Birmingham, Northfield) (Con)
The Lord Chancellor and Secretary of State for Justice (Alex Chalk)
This Government have embarked on the biggest prison building programme since the Victorian era, to create 20,000 modern, secure, rehabilitative places. To date, we have already delivered 5,600 places, a third prison at HMP Millsike is under construction, and last week we secured outline planning permission for our fourth prison, near the existing HMP Gartree in Leicestershire.
Scott Benton
I welcome the delivery of 20,000 additional prison places, as well as plans to deport some foreign criminals, rather than jailing them here in the UK. That will free up spaces and deliver considerable savings to the taxpayer. What steps is the Secretary of State taking to work with the Home Office to mitigate the risk of legal challenges as we seek to deport some of those who may pose a risk to the public?
Alex Chalk
My hon. Friend makes an important point. Between January 2019 and March 2023, 14,700 foreign national offenders were served with deportation orders and removed. As he has indicated, we have expanded the early removal scheme to allow for the removal of FNOs up to 18 months before the end of the custodial element of their sentence, so that we can bring forward the deportation of criminals who should not be here. On his specific point, we work closely with the Home Office to ensure that the right people and processes are in place to resist legal challenges.
Gary Sambrook
I welcome the measures that my right hon. and learned Friend has outlined to increase prison capacity to its largest ever, but he will recognise that capacity in prisons needs to come with capacity in staffing in order to make it a reality. Will he update the House on the progress made so far, particularly in the midlands and Birmingham?
Alex Chalk
I am grateful to my hon. Friend, who is such a champion on this issue. He is right, and to increase the number of staff we have increased pay, accepting the recommendation of the independent pay review body in full. That means an increase of 7% for band 3 to band 5 officers, which is wing officers up to custodial managers. We are also backing our officers with the roll-out of body-worn videos for every officer on shift, as well as PAVA spray in the adult estate. The net result is that the resignation rate is down significantly. That means more people remaining on the wings, improving the quantity and quality of our prison places overall.
John Cryer (Leyton and Wanstead) (Lab)
May I welcome the Under-Secretary of State for Justice, the hon. Member for Newbury (Laura Farris), to her well-deserved place on the Treasury Bench? As well as expanding prison capacity, has the Secretary of State looked at the possibility of investing in women’s centres? That was part of the Government’s female offender strategy, but it also has a proven track record in cutting reoffending?
Alex Chalk
I thank the hon. Gentleman for his kind words about my hon. Friend. Yes, absolutely; where the court determines that an alternative disposal is appropriate, we are keen for non-custodial options to be available. That is why we are investing heavily in alternatives. There are cases where women offenders must go to jail, but where that is not necessary we want to ensure that alternatives remain so that rehabilitation can take place in the community.
Feryal Clark (Enfield North) (Lab)
Now that the Government have left themselves with no choice but to send fewer people to prison and let more out early because there is simply no space for them, how many convicted criminals are currently on bail awaiting sentence, compared with this time last year? When do the Government expect normal service to resume?
Alex Chalk
I am proud of the fact that, unlike the previous Government, we are rolling out a prison expansion programme—something that entirely defeated the Labour party when it was in office. Labour said it was going to roll out three Titan prisons. How many did it produce? Absolutely none. On bail, it is the case that the number of those awaiting trial is higher, and up by 6,000 compared with the pre-covid period. That is why this Government are expanding capacity on the estate. We have 1,000 more judges, we are increasing the amount of legal aid, and we are ensuring that when people come to be sentenced, unlike under the Labour Government, they are going to prison for longer.
Kevin Brennan (Cardiff West) (Lab)
The Secretary of State’s emergency early release scheme is meant to tackle a capacity crisis that is entirely of this Government’s making, and it excludes only serious violence. Surely domestic abuse and stalking are serious offences, yet they are not excluded from early release. What kind of signal does that give to victims, the public, and indeed perpetrators of violence against women and girls?
Alex Chalk
We are proud that under this Government sentences for offences such as rape have gone up by a third. We have a situation in which charges are up, the conviction rate is higher and sentences are longer—and, unlike under the Labour Government, people are spending a higher proportion of those sentences in custody. We think that is the right thing to do. To the hon. Member’s point, the exclusions in place go beyond what he indicated, so he is factually incorrect; they also include sex offences and terrorist offences. Here is a really important point: where the custodial authorities are satisfied that there is a specific risk, there is an opportunity to ensure that release is blocked. That is important, because we will always stand up for victims of crime.
Kevin Brennan
Argument weak? Go long and do not answer the question—the classic response from this Government. The truth is that without any Government announcement of a start date, prisons began releasing offenders over a month ago. These men are already walking our streets, but the Government will not tell us how many, or why they were behind bars in the first place. Why do the Government not believe that the public deserve to know who is being released back into the community when a court decided that they should be in prison?
Alex Chalk
We will make whatever appropriate announcements in due course; we will not demur from that. We will also not apologise for having, under this Government, a higher custodial population than before. We are taking robust steps to ensure that the public are protected, which means unashamedly that those who commit the most serious offences—those such as murder in the context of sexual or sadistic conduct—go to prison for the rest of their lives. Will the hon. Member support that? I wonder. We are also using the evidence so that those capable of rehabilitation are rehabilitated. One thing that we will not ever put at risk is the threat to women and girls. As the Under-Secretary of State for Justice, my hon. Friend the Member for Newbury (Laura Farris), indicated, we have taken steps to ensure that victims of domestic abuse will be properly protected under the Government.
Sir Desmond Swayne (New Forest West) (Con)
The Lord Chancellor and Secretary of State for Justice (Alex Chalk)
To earn public confidence, non-custodial sentences must self-evidently be punitive, so that the British people can see that offenders are being punished for their crimes. They must also be enforceable, so that judges and magistrates can be confident that those who step out of line risk being brought back before the court and sentenced to immediate custody. That is why we are doubling the number of the latest GPS tags available to the court, so that offenders can be strictly monitored, and we have increased funding for the probation service by £155 million a year.
Sir Desmond Swayne
It is essential that every advantage be had from the latest monitoring technology, isn’t it?
Alex Chalk
Pithy and perfect—my right hon. Friend is absolutely right. Under the old technology, all that the so-called radio frequency tags could tell the probation service was whether that individual had left the premises to which he had been bailed or curfewed. The modern GPS tags are far more effective, because they can indicate where that person has gone, keeping them under a tight rein. We have additional tags, including alcohol monitoring tags to allow the courts and probation services also to monitor alcohol where that is the root cause of the offending.
Tony Lloyd (Rochdale) (Lab)
Is the evidence not clear that short prison sentences do not work, and that women’s centres, which deal with drug and alcohol abuse, mental health issues and so on, can be effective? It would make a lot of sense to roll that out for the male population—it is cheaper and it is better.
Alex Chalk
I am delighted to hear that from the hon. Gentleman. We have to follow the evidence, which shows that short sentences of immediate custody lead to a higher reoffending rate than those where the sentence is suspended, albeit on tight conditions, which might include curfew, an unpaid work order and potentially a rehabilitation requirement. Why? Because if the offender fails to comply, the probation service can find them in breach and bring them back before the court, where they will then likely hear the clang of the prison gate. We will follow the evidence. We make no apology for using our custodial estate to lock up the most dangerous offenders for longer and take them out of circulation. But protecting the public also means ensuring that those who would otherwise reoffend get off the conveyor belt of crime.
Rachael Maskell (York Central) (Lab/Co-op)
The Minister of State, Ministry of Justice (Edward Argar)
By the end of the spending review period, we will have invested nearly £4 billion to deliver an additional 20,000 modern prison places and ensure that the right conditions are in place to rehabilitate prisoners, cut crime and protect the public. The key to effective rehabilitation is the provision of education and skills training, to increase a prisoner’s employability and ensure that they can access employment upon release, alongside providing support for substance misuse, treatment and so on. We are also investing to improve rehabilitative spaces in prison, having delivered our employment hubs, where prisoners can access job vacancies. We will renovate prison workshops through our HMP academies programme.
Rachael Maskell
No glass, just bars at the window; mice and rats; faeces in the gravy; and sewage overflows regularly in his cell. This is not the start of a Victorian novel, but the disgrace experienced by my young constituent, who was locked in his shared cell for 23 and a half hours a day, having never received the vital specialist mental health support that he needed. When can we expect such draconian conditions at HMP Hull to end? What appropriate steps will the Minister take to ensure that people in prison experience rehabilitation, not the conditions that my constituent faced?
Edward Argar
If the hon. Lady would like to write to me, I will be happy to look into that specific case. But in broad terms, in the last financial year this Government invested £217 million in capital and maintenance spending, up from £149 million in 2010-2011. That includes, since 2020, delivering £73 million of capital maintenance projects across Yorkshire. Security is not a dirty word in this context but is vital to creating conditions in which people can be safe and rehabilitated. We continue to work closely with the NHS on improving things such as mental health support for those in prison, but I am happy to engage with her on this issue.
Gareth Johnson (Dartford) (Con)
The Parliamentary Under-Secretary of State for Justice (Gareth Bacon)
In 2019 we expanded the unduly lenient sentence scheme to include 14 new offences, including further child sexual offences and coercive or controlling behaviour. We have no immediate plans to extend the scheme further, but we keep it under constant review.
Gareth Johnson
I welcome the new Minister to his place; his is an excellent appointment and I wish him every success. The fact that malicious wounding, actual bodily harm, burglary and even rape, when dealt with in the youth courts, do not come under the unduly lenient sentence scheme is plain wrong. Will he please review that situation, which time and again lets down the victims of those serious crimes?
Gareth Bacon
The unduly lenient sentence scheme is intended for use in serious cases for offenders sentenced in the Crown court. The Attorney General has the power to refer a sentence to the Court of Appeal for review if they believe it is unduly lenient. A youth court can sentence a child to up to two years of detention only. Where a child’s offence is likely to attract a sentence of more than two years, the case must be passed to the Crown court for sentencing, where the scheme therefore applies.
Richard Foord (Tiverton and Honiton) (LD)
Stiffening unduly lenient Crown court sentences is all very well, but there will still be delays in the system if there are backlogs in prosecuting in the courts. Up to 25% of criminal barristers have left the profession over the past five years, so what action are the Government taking to address the exodus of criminal barristers?
Gareth Bacon
In recent years the Government have invested an extra £141 million in criminal legal aid, which should expedite a solution to the situation.
James Wild (North West Norfolk) (Con)
The Parliamentary Under-Secretary of State for Justice (Gareth Bacon)
The Police, Crime, Sentencing and Courts Act 2022 increased the maximum penalty for causing death by dangerous driving from 14 years to life imprisonment. In June 2023, the independent Sentencing Council published revised sentencing guidelines for motoring offences, including for causing death by dangerous driving. It is too early to assess the outcome of those changes, but we regularly publish sentencing statistics on gov.uk. The Sentencing Council also monitors all guidelines in accordance with its statutory duty.
James Wild
I welcome my hon. Friend to his position. It is over a year since Parliament legislated to increase the maximum sentence for death by dangerous driving to life imprisonment. However, three members of my constituent Summer Mace’s family were killed in a horrific incident, and in June the offender got only 10 and a half years. That is totally inadequate. As RoadPeace has shown, far too many sentences are too short. Will my hon. Friend meet me to discuss those sentencing guidelines, so that we can ensure that they reflect what Parliament actually legislated for?
Gareth Bacon
I was very sorry to hear of the death of Paul Carter, Lisa Carter and Jade Mace in January 2023 in a collision caused by Aurelijus Cielevicius, and the devastating consequences for their family and friends. I know that my hon. Friend has campaigned hard on this issue, and I read his Adjournment debate earlier this month. Sentencing is entirely a matter for our independent courts, based on the facts of each case. In July 2023, after Cielevicius was sentenced, the revised Sentencing Council guidelines for causing death by dangerous driving came into force, following the increase of the maximum penalty introduced by the PCSC Act 2022. I would be happy to meet my hon. Friend to discuss that further, should that be helpful.
Mrs Sharon Hodgson (Washington and Sunderland West) (Lab)
The man who was convicted of causing death by careless driving when he killed my young constituent Gregg was sentenced to only nine months in prison. However, because he was charged with causing death by careless driving, not dangerous driving, Gregg’s family had no right to appeal under the Attorney General’s unduly lenient sentence scheme. Will the Minister agree to discuss this with the Attorney General and look into revising the scheme to include causing death by careless driving?
Gareth Bacon
I was very sorry to hear the details of that particular case. I will, of course, be very happy to raise it with the Attorney General.
Munira Wilson (Twickenham) (LD)
The Minister of State, Ministry of Justice (Edward Argar)
We work closely with education providers to drive up standards of teaching and improve academic outcomes. The curriculum offered to children in custody is needs-led and determined by individual aspirations, literacy and numeracy levels, interests and sentence length. Where education provision is inadequate, we will hold providers to account to ensure that children receive the education they need to turn away from crime.
Munira Wilson
Earlier this year, I visited Feltham young offenders institution and witnessed at first hand the very challenging conditions in which dedicated professionals work with young people who have committed the most serious crimes and had a very difficult start in life. Back in 2016, the Charlie Taylor review recommended that we move away from young offenders institutions to secure schools. The Government fully accepted his vision, yet seven years on not a single secure school has opened. One has been built, but it has not admitted any pupils. If the Government are serious about rehabilitating young offenders and cutting reoffending, when will they finally roll out secure schools for those pupils?
Edward Argar
In a previous life as a Minister, as it were, I had youth justice in my portfolio back in 2018-19, and I had the opportunity to visit Feltham at that time. I worked with Charlie Taylor on delivering those recommendations into practice. I am pleased to tell the hon. Lady that we anticipate the first secure school opening in 2024.
Janet Daby (Lewisham East) (Lab)
Thank you, Mr Speaker. Education is vital to reduce violence, especially on the youth estate. However, violence on the youth estate is skyrocketing. Since last year, assaults on staff have increased by 33%. That puts prison staff at risk in their workplace and increases the trauma experienced by children and young people. It can also prolong their rehabilitation. How will the Minister use education and other methods available to him to reduce that violence?
Edward Argar
It is nice to be taking questions from the hon. Lady in her new role as shadow Minister, rather than when she used to question me in the Justice Committee. She is absolutely right to highlight the challenges of violence across the youth estate, which have been too high for too long, and we continue to work hard across all sites to address it. Among the measures put in place, we are ensuring that each child receives a full needs assessment, covering education, psychology, resettlement, health and behavioural support. Education and skills play a vital part in helping children and young people to get their lives back on course, but that must be in the context of a secure environment, because security has to be the premise on which all those other benefits can be delivered.
Daniel Zeichner (Cambridge) (Lab)
Chris Elmore (Ogmore) (Lab)
The Lord Chancellor and Secretary of State for Justice (Alex Chalk)
To expand probation capacity, we have increased funding by £155 million a year to deliver effective supervision of offenders in the community. In 2020-21 we recruited an additional 1,000 trainee officers, 1,500 more in the following year, and 1,500 more in the year after that. This means that offenders who pose the highest risk to communities will receive robust supervision.
Daniel Zeichner
Successive Conservative Ministers have allowed the criminal justice system to fall into its current parlous state, making many communities, including in Cambridge, less safe. Now they propose to shift the burden from an over-pressed prison service to an over-pressed probation service. Can the Secretary of State guarantee that the money that should have been available to prisons will be moved to the probation service to allow it to keep our communities safe?
Alex Chalk
The first point is not right; since 2010, the overall levels of crime have fallen by 40%. As for the second point, reoffending has dropped from about 32% to about 25%. The third point, on probation, is, with respect, a better one. As we move towards suspended sentence orders, it is right for them to be robust and enforceable so that if people step out of line they can expect to hear the clang of the prison gate, and that is why I am engaging with the leadership of the probation service. Yesterday I also met frontline probation officers, because I want to hear from them how we can ensure that their workload is manageable and they have the resources that they need to keep our communities safe.
Chris Elmore
I refer Members to my entry in the Register of Members’ Financial Interests.
I echo the concerns of the Union of Shop, Distributive and Allied Workers and the British Independent Retailers Association, which fear that the scrapping of short sentences will only embolden retail criminals. The Secretary of State will know that far too many shop workers face being attacked in shops across the UK, particularly as we approach the festive period. According to the police, there has been a 24% increase in shoplifting in the past year. Can the Secretary of State assure us that the probation service can cope with the expected surge in retail crime, and ensure that those who work in shops will be protected and anyone who attacks them will face the full force of the law?
Alex Chalk
Those who behave in such an appalling way should expect to feel exactly that: the full force of the law. Let me be crystal clear: those who pose a particular threat to individuals can expect to hear the clang of the prison gate. Those who commit offences while subject to an order—be it, for instance, a community order, a stalking prevention order or a domestic abuse protection order—can also expect to be outwith the presumption. Through the use of tags, we can ensure that people who do not abide by stringent requirements—which, by the way, could include not going to a particular shopping precinct—can expect one outcome, and one outcome only: prison.
Ruth Cadbury (Brentford and Isleworth) (Lab)
In response to the question from my hon. Friend the Member for Cambridge (Daniel Zeichner), the Secretary of State said that he had recruited 1,000 additional probation officers, but in fact that recruitment campaign has resulted in 76 fewer probation officers between March last year and March this year. Owing to the excessive workload, staff are leaving in droves. The proposed new presumption in favour of extended sentences and the extension of electronic monitoring will simply offload more pressure from prisons on to the probation service, will it not? What are the Government doing to address these issues of excessive workload and the loss of probation staff?
Alex Chalk
On a point of detail, as of 30 September 2023 the increase on the previous year was 4.2% for band 3 probation officers, 6.9% for band 4 officers and 13% for senior probation officers. The so-called attrition rate, or resignation rate, is also down. There are more probation officers, and more of them are remaining in place. The reason that matters is the fact that experience counts. This is an extremely difficult job, and making good judgments requires wisdom and experience. We are investing in the probation service so that its officers can do their job on behalf of our communities.
Munira Wilson (Twickenham) (LD)
The Lord Chancellor and Secretary of State for Justice (Alex Chalk)
Since the last Justice questions, we have introduced a Criminal Justice Bill, which responds rapidly and robustly to the latest criminal threats. It will include strengthened laws to criminalise those who breach trust by taking intimate images without consent; broaden the offence of encouraging and assisting self-harm; give judges the power to order offenders to attend sentencing hearings; and enable the probation service to polygraph-test more terrorists and sex offenders. Meanwhile, the new Sentencing Bill has public protection at its core, making the severest punishments available for the most dangerous offenders, such as murderers who kill with sexual or sadistic conduct, to take them out of circulation forever. It will protect the public by breaking the cycle of reoffending to reduce crime.
We have also welcomed my hon. Friends the Members for Newbury (Laura Farris) and for Orpington (Gareth Bacon) to the Front Bench. As I think the House has already observed, they will make a formidable contribution to public life.
Munira Wilson
The Prime Minister and certain other senior Government figures have suggested that the European convention on human rights should be disapplied in some asylum cases, and the deputy chairman of the Conservative party, the hon. Member for Ashfield (Lee Anderson), has said that the Government should simply ignore last week’s Supreme Court ruling. Does the Justice Secretary agree?
Alex Chalk
The Government are confident that we can deliver on the priorities of the British people while remaining within the four corners of our international legal obligations. Make no mistake, we are determined to ensure that our borders are secure. This is a rule of law issue. It should not be the case that those who try to jump the queue and arrive illegally should derive some sort of advantage from that. We understand that clearly on the Government Benches and we will do everything we can to stop the boats.
Andy Carter (Warrington South) (Con)
Alex Chalk
My hon. Friend speaks with great authority as a magistrate, and I know from my own experience as a practitioner how important stand-down reports are. They provide the bench with information about the offender—their relationship situation, their record of previous convictions, their mental health problems and so on—so that the court can tailor a disposal that punishes the offender but also progresses their rehabilitation. We are working closely with the probation service to ensure that that resource is properly allocated so that we can have more stand-down reports to ensure better justice on the facts of each case.
Alex Cunningham (Stockton North) (Lab)
Contrary to the claims of Ministers at every Question Time that they are getting the courts backlog sorted out, they are not, and the pain just drags on for victims. The Crown court backlog reached a record 65,000 cases at the end of June. Nearly 5,000 of them have been waiting for two years and 36,000 cases have defendants on bail. Why are things still getting worse?
The Parliamentary Under-Secretary of State for Justice (Mike Freer)
I have to say, Mr Speaker, that God loves a trier. Yes, the backlog has gone up. The hon. Gentleman will know that post covid and post the Criminal Bar Association strike, the backlog did increase. On top of that, this Government have cracked down on crime with more police officers, and that has meant more people being charged and appearing in court. We are addressing this with unlimited sitting days. We recruited 1,000 judges across all jurisdictions last year and we are doing the same this year. We have invested in the court estate to improve resilience, and we have extended 24 Nightingale courts to ensure that we have capacity.
Alex Cunningham
Come on now—we know that the statistics tell a very different story. The Crown courts remain in crisis, and what about the civil courts? The quarterly civil justice statistics from April to June 2023 show that the average time taken for small claims and multi-fast-tracked claims to go to trial was 52 weeks and 78 weeks respectively. Is it the same excuse for the crisis in the civil courts?
Mike Freer
Since the Government have increased the amount of money spent on the Children and Family Court Advisory and Support Service, we have recruited judges across the jurisdiction to help in the civil courts, increased the number of days that fee-paid judges can do from 30 days to 80 days a year, introduced regional virtual pilots to support London and the south-east, and invested in mediation. All of this is ensuring that people have access to justice in a court system that is dealing with higher numbers of cases than ever before.
Priti Patel (Witham) (Con)
Mike Freer
As my right hon. Friend will appreciate, I cannot comment on individual cases, but I can reassure her that the payment of wasted or unreasonable costs can already be ordered by the tribunal if it considers it appropriate. Given the issue that she has raised, however, I would be more than happy to meet her to ensure that her concerns are conveyed firmly to those responsible for the reviews.
Andy Slaughter (Hammersmith) (Lab)
Alex Chalk
The hon. Gentleman is right about the eight court buildings, but that is in the context of an estate of over 300 buildings. It is important to note, however, that we have massively increased the budget for the court estate, and that enables us to do two things. First, we can take on more projects and also plan them because we have guaranteed this over two years, meaning that we can plan in a more efficient and effective way. The second issue so far as prisons are concerned is that separate considerations apply because the buildings are used for a whole range of different purposes; there is the prison itself, but there are plenty of ancillary buildings. This is all being inspected in the normal way, and the budget is certainly there to effect remediations if required.
Matt Vickers (Stockton South) (Con)
Alex Chalk
My hon. Friend is absolutely right. Those people are on the frontline of society, acting effectively in public to do an incredibly important public service. We have already moved to ensure that the courts can treat assaults on shop workers as an aggravating factor when it comes to sentencing. To be clear, this means that, in appropriate cases, the fact that a person has assaulted a retail worker can mean the difference between a non-custodial penalty and a custodial penalty, which is absolutely right. Those who behave in such a cowardly way should expect all consequences.
Dan Jarvis (Barnsley Central) (Lab)
Sir Michael Ellis (Northampton North) (Con)
Does my right hon. and learned Friend agree that the judiciary must not make incendiary comments about Israel? At Walsall magistrates court, a district judge recently acquitted defendants who had vandalised a factory, believing it to be supplying Israel, and is reported to have told them their action was
“proportionate in comparison to the crimes against humanity which they were acting to stop.”
Does he agree that judges are supposed to uphold the law, not encourage its breach? This brings our legal system into ill-repute, so will he take this from me as a complaint to the Judicial Conduct Investigations Office?
Mr Speaker
Order. We are not meant to criticise the courts, and I know that such a learned Gentleman will know better; I am sure we can avoid any criticism.
Alex Chalk
I simply note the question. Plainly, I make no comment on the specifics. I have heard my right hon. and learned Friend’s point, and I will happily take it up with him subsequently.
Alex Sobel (Leeds North West) (Lab/Co-op)
The Minister of State, Ministry of Justice (Edward Argar)
The hon. Gentleman is right to highlight this, as every death in custody is a tragedy. We continue to do all we can to improve the safety of prisoners, both in that respect and in respect of reducing instances of self-harm. We are continuing to deliver on our safety commitment outlined in the prisons strategy White Paper, including by introducing more ligature-resistant cells, funding a study to understand the extent of deaths, and rolling out an emotional resilience and peer-support programme in six prisons. Of course, our staff are vital to this, and I take the opportunity to pay tribute to them; we are investing to support them to continue to do that work.
Wendy Morton (Aldridge-Brownhills) (Con)
In the summer, the Government made a welcome announcement on banning zombie knives and machetes and doubling the sentences for supplying a knife to an under-18 and for possessing a knife with intent to cause harm. Now we are in a new Session, will the Secretary of State set out the timeline for bringing forward legislation to make this happen?
Alex Chalk
I am grateful to my right hon. Friend, who is a passionate and principled campaigner on the issue of public safety. These measures will find their way into the Criminal Justice Bill. I look forward to her support, which I know will be forthcoming. Let us hope that hon. Members right across the House will put public protection as one of their priorities.
Jim McMahon (Oldham West and Royton) (Lab/Co-op)
Alex Chalk
It is important to establish what is already available to the police: section 39 on common assault, section 47 on assault occasioning actual bodily harm and—heaven forbid—sections 20 and 18, which relate to more serious cases of grievous bodily harm. Plus, if an individual is convicted on any of those grounds, the courts can—indeed, ought to—consider assault on a retail worker as an aggravating factor. As I have indicated, that can mean the difference between a non-custodial and a custodial penalty.
We will keep these matters under review, but the central point is that before someone can go before the court, they have to be arrested. That is why I am delighted that we have more police officers than at any time in our history, ready to take the fight to those who assault shop workers.
Mr David Davis (Haltemprice and Howden) (Con)
My right hon. and learned Friend has a terrific record on dealing with SLAPPs—strategic lawsuits against public participation—so he will understand how greedy lawyers encourage their billionaire clients to crush their opponents by extending court cases, dragging them out and multiplying them. What has not been taken on board is that that also costs the taxpayer millions of pounds. I think those lawyers should have to meet those costs. With that in mind, will he publish the costs incurred by SLAPPs cases?
Alex Chalk
No one in this House has done more than my right hon. Friend to clamp down on this iniquitous behaviour, and I am pleased that we have been able to make some progress. He makes a really important point: every day that is spent in court pursuing ill-founded and abusive litigation is time that could be spent on other matters in the public interest. I will certainly look into the interesting suggestion he makes about publishing the cost of that behaviour.
David Linden (Glasgow East) (SNP)
Alex Chalk
I refer the hon. Gentleman to the answer I gave a few moments ago. There is understandable righteous indignation about the situation that exists. We believe that we can comply and deliver our policies within the four corners of international law—that is our approach. However, those who arrive illegally threaten to corrode the rule of law, because that of itself sends out a poor subliminal message that those who do so can act with impunity. That does not strengthen the rule of law.
James Sunderland (Bracknell) (Con)
The Justice Secretary will know of the hard work undertaken in this Parliament to bring the Desecration of War Memorials Bill into law. Elements of that Bill were subsumed into the Police, Crime, Sentencing and Courts Act 2022, but will he now undertake to complete the job?
Alex Chalk
My hon. Friend is one of two hon. Members who have fought hard on this issue, and he does so from the position of having served his country. It is completely iniquitous that people should seek to act in a way that desecrates war memorials. His specific point seems utterly compelling and I am happy to discuss it with him hereafter.
Joanna Cherry (Edinburgh South West) (SNP)
Alex Chalk
I thank the hon. and learned Lady for her point. At the risk of harming her political career, the respect is entirely mutual. In a rule-of-law country, people can disagree with the decision of a court but they must respect it. We respect the ruling and of course we will abide by court orders, but it is also right that we carefully consider what the Supreme Court said and seek to adjust appropriately. We will do what we properly and lawfully can do to stop the boats. That is our mission and the mission of the British people, and we will deliver on it.
Edward Timpson (Eddisbury) (Con)
I welcome my right hon. and learned Friend’s commitment to increase the use of tagging, where appropriate, to reduce the amount of reoffending. In doing so, what plans does he have to include high-risk domestic abusers and, potentially in the future, those who are illegal drug users?
Alex Chalk
Not for the first or last time, my hon. and learned Friend has got absolutely to the point. We have deliberately constructed the policy so that if an individual presents a significant threat to a particular individual—often a spouse or a partner—the presumption would not apply. That is critically important and I was happy to discuss that point with Women’s Aid and other relevant bodies. We are on the side of victims of domestic abuse and violence, and nothing that we do will cut across that important principle.
Imran Hussain (Bradford East) (Lab)
Supporting offenders in practising their faith is regularly cited as playing a key role in their rehabilitation in prisons. However, as the Minister will know from my frequent correspondence with the chief executive of His Majesty’s Prison Service, many prisons either do not provide the facilities required or actively hinder offenders in practising their religion. HMP Full Sutton has been brought to my attention as one such example. Given its importance, will the Minister assure me that a full review of faith provision across the prison estate will be conducted and guarantee that no one will be denied the ability to freely practise their religion?
Edward Argar
I am grateful to the hon. Gentleman for his question. He is absolutely right to highlight not only the right of people to practise their religion, but the important role that that can play for those individuals in coping with prison life, rehabilitation and getting on the straight and narrow when they come out. I am happy to engage with him directly on any specific case that he wishes to bring up, and it is an issue that I am happy to look at.
Vicky Ford (Chelmsford) (Con)
I thank the Courts Minister for his recent letter on recruitment and retention of legal advisers in Essex and the impact that that is having on court listings. Although I know that he and I agree about the independence of the judiciary regarding individual cases, will he meet me to discuss what more might be done to fill the vacancies for legal advisers in Essex?
Mr Gregory Campbell (East Londonderry) (DUP)
The Secretary of State has alluded to the continuing reduction in reoffending rates among those leaving prison. Does he agree that central to maintaining confidence in the wider community is that the reoffending rate goes down further still?
Alex Chalk
The hon. Gentleman makes a simple but incredibly important point. We want to follow the evidence so that we protect the public. We will do so, on the one hand, by locking up the most serious offenders for longer and taking them out of circulation, and, on the other, by cutting offending. Fewer crimes mean a better protected public. That is the approach that we will take.
Rob Butler (Aylesbury) (Con)
Yesterday, I met former prisoner LJ Flanders who, while serving his sentence, devised a fitness regime that can be conducted in a cell with no special gym equipment. With the support of Bucks Association for the Care of Offenders, he has just run a two-week training programme in HMP Aylesbury to train other prisoners to provide coaching and mentoring of a similar style. Will my right hon. Friend please encourage everybody in His Majesty’s Prison and Probation Service, particularly governors, to facilitate such courses to reduce reoffending?
Edward Argar
I am grateful to my hon. Friend, who knows about what he speaks. I pay tribute to him for his work in the criminal justice system. He highlights an example that sounds extremely interesting. I would be happy to meet him to hear more about it and to see where we can take things from there.