The Lord Chancellor and Secretary of State for Justice (Alex Chalk)
I beg to move, that the Bill be now read a Second time.
It is a privilege to move Second Reading of the Government’s recently introduced Sentencing Bill. The first responsibility of any Government is to protect the public. Levels of crime have come down by more than 50% since 2010. Violent crime is also down by over 50% in the last 13 years, and when it comes to reoffending, the rate is down by six percentage points since 2010. Indeed, His Majesty’s chief inspector of constabulary has said that
“England and Wales are arguably safer than they have ever been”.
The Bill builds on that record to put public protection at the heart of sentencing. It will enable us to remove from circulation those who pose the most risk and to follow the evidence on the most effective ways to reduce reoffending and cut crime.
Let me start with the most dangerous offenders. I am referring to those whose crimes are so appalling and who present such a high risk that sending them to prison for as long as possible is the only way to protect the public. As the House will know, following the Criminal Justice Act 2003, all prisoners given a standard determinate sentence were entitled to be released automatically at the halfway point, no matter their crime or the length of their sentence. I want to be crystal clear about what that meant. That meant that a rapist sentenced to 12 years was out of prison in six. They were released at that point and there was no power to detain them in prison for longer.
Through the Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2020, we legislated to ensure that serious violent and sexual offenders sentenced to seven years or more had to serve two thirds of their sentence in custody, with the rest under strict licence conditions. In the same year, the Terrorist Offenders (Restriction of Early Release) Act 2020 ensured that terrorist offenders also served at least two thirds of their sentence or custodial term in custody and were not released without the agreement of the Parole Board.
We went further in 2021. A new type of sentence was created in the Counter-Terrorism and Sentencing Act 2021 that means that the most serious and dangerous terrorist offenders will now serve a minimum custodial term of 14 years. Just last year, we passed the Police, Crime, Sentencing and Courts Act 2022, which put a stop to the automatic halfway release of other serious sexual and violent offenders who are sentenced to a standard determinate sentence of four years or more. The net effect is that they, too, should now serve two thirds of their sentence in prison. The Act also allows for the overriding of the automatic release date of offenders sentenced to a standard determinate sentence who are found to be dangerous while in custody, and for increased sentences for causing death by dangerous driving and causing or allowing the death of a child.
All those were sensible changes to sentencing that were designed to protect the British people from harm. Now, we go further. Under the provisions on whole-life orders, for the very worst offenders who kill in the most appalling circumstances, life really will mean life.
Alberto Costa (South Leicestershire) (Con)
I am grateful to my right hon. and learned Friend for giving way so early in his speech. Will he confirm that the proposals he is presenting to the House on the Government’s behalf will ensure that anyone who commits an offence like those committed by Colin Pitchfork, who brutally raped and murdered two young women, and who might very well be released tomorrow after the Parole Board decision on the matter, will likely spend the whole of their natural life behind bars?
Alex Chalk
Let me take this opportunity to pay tribute to my hon. Friend. He has raised this issue on behalf of his constituents with such assiduity and so conscientiously, with me personally and, indeed, in the House. He is absolutely right to do so: that crime was truly abominable and utterly atrocious. At its very heart, this part of the Bill caters for precisely those sorts of offences, where there is murder accompanied by sexual or sadistic conduct, so that in such circumstances, when the offender hears the clang of the prison gate, that will be the last time that they breathe free air.
Let me turn to the very worst offenders who kill in the most appalling circumstances. Clause 1 creates a new duty for the court to impose a whole-life order in cases of the murder of a child that involve the abduction of the child, murders involving sexual or sadistic conduct, and murders carried out for the purpose of advancing a political, religious, racial or ideological cause. There will be judicial discretion in exceptional circumstances. The clause will also impose whole-life orders for the murder of a single victim that involves sexual or sadistic conduct, so that murderers like the killers of Sarah Everard and Zara Aleena will never enjoy the freedom that they cruelly denied their victims. The measures will ensure that severe punishments are available for those who commit the very worst crimes.
In my statement to the House on 16 October, I set out the Government’s intention to legislate so that rapists and serious sexual offenders serve their whole custodial terms. Again, the Bill makes good on that promise. Clauses 2 to 5 and clause 7 will mean, when implemented, that those convicted of rape or serious sexual offences will now serve every single day of their custodial term in custody, without the possibility of their case being referred to the Parole Board. That means that the custodial term handed down by the judge on the day they are sentenced will be exactly how long they initially spend in prison. They will then have a period on licence in the community after their custodial term ends. This will ensure that their victims get the justice they deserve and the public can be protected.
James Wild (North West Norfolk) (Con)
All the offences in clause 2 have a maximum life sentence, so the proposed new power to require offenders to attend sentencing hearings would apply. However, will my right hon. and learned Friend look at extending that power? It would not cover other serious crimes, including serious sexual offences such as the sexual assault of a child under 13, as happened in a case in my constituency, where the offender hid in his cell. He would not be compelled to come to sentencing under the powers we are proposing.
Alex Chalk
I pay tribute to my hon. Friend for raising that appalling case. It is important to note that in respect of this Bill and the provision to require offenders to serve the entirety of their sentence, clause 2 relates to section 8 of the Sexual Offences Act 2003, on causing or inciting a child under 13 to engage in sexual activity, so that is covered.
On my hon. Friend’s separate point about attendance, we are very clear, following the cases of Lucy Letby and others, that it is a grievous affront to victims and families for defendants who have been convicted, after a fair trial, not to face the music, in simple terms. They need to be there in front of the court so that they can hear society’s condemnation expressed through the sentencing remarks of the judge, and so that the peace that has been denied their victims should be denied them as well. They need to understand that condemnation. My hon. Friend raises an interesting point about the scope of the requirement for people to attend court; it is a fair one and we should certainly discuss that.
I turn to the second aim of the Bill: to cut crime. Ultimately, that is how we protect the public. As it stands, the situation is that, too often, offenders are locked up for short periods at exorbitant cost. The experience makes them worse, and they end up committing further offences as a result. Clause 6 will introduce a presumption to suspend short sentences of 12 months or less, directing the courts to hand down a suspended sentence order instead.
The fact is that almost 80% of convicted offending every year is reoffending; much of the crime in our country is committed by someone who has had at least one brush with the law. The criminal justice system is meant to punish wrongdoing—of course it is. But, in the interests of society, it is also there to rehabilitate wrongdoers and set them on the right path so that they do not reoffend and make more victims of crime in the process.
If we want to protect the public and cut crime, the most effective thing we can do is intervene to break the cycle of offending—punish, of course, but rehabilitate too. To do that we must properly examine the evidence available to us.
Richard Burgon (Leeds East) (Lab)
I thank the Justice Secretary for giving way and very much welcome the introduction of the presumption against short sentences as a way, as he said, of cutting reoffending, cutting crime, cutting the number of victims and helping to turn lives around. However, that will mean greater pressure on probation services to do the job of rehabilitation outside a custodial setting.
Lord Ramsbotham, who is sadly missed in this place and more widely, produced an excellent report, which I had commissioned, called “People Are Not Things”, about the future of a successful probation service. Will the Justice Secretary agree to meet me and representatives from the probation service to look at Lord Ramsbotham’s report and see how it could help to build the kind of probation service that we need?
Alex Chalk
I am at pains to meet directly with the probation service—not just the leaders, important though they are, but frontline practitioners. They do an exceptionally important job. My mum trained as a probation officer and I know how much of a difference they make. I am speaking to them directly about the workload that they face and how they can target it to protect the public most effectively.
Philip Davies (Shipley) (Con)
As the Secretary of State knows, I do not accept the argument that the best way to protect the public is to send thousands fewer criminals to prison, but I am sure we will continue that debate later. Obviously, what he has announced is such a big departure from how we have done things in the past. Will he confirm that the Government would introduce a sunset clause into the legislation, so that we can check whether it has achieved what he hopes or what I fear and that we can come back to the issue later?
My second point is that I am sure the Secretary of State would not want the new measures to apply to people convicted of knife crime, which is a scourge of many communities around the country. Will he confirm that knife crime would not be included and make sure that that is clear in the legislation?
Alex Chalk
I thank my hon. Friend for engaging with me so closely, carefully and constructively on the Bill. His points about sunset clauses and knives are well understood and well made; it seems to us that there is real merit in them. I look forward to discussing those with him in due course. We certainly see the force of those points.
Sir Iain Duncan Smith (Chingford and Woodford Green) (Con)
I have obviously looked carefully at the definitions relating to those who would simply not be incarcerated as a result of the new measures. The Centre for Social Justice has done a huge amount of work on this. The key point, excluding those who commit violent crime, is that most prisoners have an average reading age of a 10-year-old. They have failed in the academic system. They often come from broken homes and have drug addictions. The key problem is not so much about sentencing but about what we do to try to put them straight and rehabilitate them. The question has to be about how formidable, strong and determined what we do will be and the extent to which failure on that will come back into the prison service.
Alex Chalk
My right hon. Friend speaks with great authority about this point, and I agree with every syllable of what he has said. One of the problems is that the—how can I put it?—deficiencies with which some individuals unfortunately suffer, such as illiteracy, of which I have a huge understanding, are not susceptible of being addressed through short sentences. The question is how best to ensure that they can be addressed—and it is not just a question of illiteracy; the deficiency could be drug addiction. One encouraging factor which lies behind this is the additional £532 million in drug rehabilitation support from the Department of Health and Social Care, together with criminal justice staff, to assist with the health and addiction side of it. However, my right hon. Friend made a powerful point. If we want to rehabilitate people, we will not be able to do so unless we address the issue of literacy. However, prison is not necessarily the best place in which to resolve it in the short term, as opposed to the long term.
Sir John Hayes (South Holland and The Deepings) (Con)
I am extremely grateful—
Alex Chalk
Hang on, I haven’t given way yet. [Laughter.] I give way to my right hon. Friend the Member for South Holland and The Deepings.
Sir John Hayes
My right hon. and learned Friend is such a tease.
As my right hon. and learned Friend will know, 6% of the offences that attract a 12-month sentence are indeed for the possession of an article with a blade or point, in other words a knife, and a further 9% are for common assault and battery. Those are the kind of sentences that we are speaking about here, and if you are a victim of assault, you do not really worry about whether your attacker is literate or illiterate; you just worry about having been attacked.
Alex Chalk
There are some important points to make about this. As my right hon. Friend will know, there is a whole suite and hierarchy of offences of assault. There is common assault, but if there is even a reddening of a skin, that becomes assault occasioning actual bodily harm, which carries a five-year maximum sentence—although, of course, this applies only to those who are given sentences of under 12 months. However, if the skin is pierced in any way or there is any serious harm, that is charged as grievous bodily harm, either simpliciter or with intent, and carries a maximum of life imprisonment. We must therefore be very clear on what we are talking about and what we are not talking about, and we are not talking about grievous bodily harm. Let me also stress that the two highest categories of offence that fall within the 12-month sentencing period are driving offences and offences relating to class B drugs. However, I take on board the important points made by my right hon. Friend, and I refer him to the remarks I made to our hon. Friend the Member for Shipley (Philip Davies).
Sir Greg Knight
I am grateful to the Secretary of State for giving way. He is being very generous. The presumption of suspending the sentence does not apply in exceptional circumstances. Can the Secretary of State give us two or three examples of what he considers to be exceptional circumstances?
Alex Chalk
This is a formulation that is well understood by the courts. It applies, for example, in respect of possession of a firearm contrary to the Firearms Act 1968, as was. I once defended a young woman, 16 years old, who was in possession of a firearm—although, in fact, she was not. Her boyfriend, who had subjected her to coercive and controlling behaviour, had said, “You have to hold on to the gun, because I think the police will come and find me.” She had the gun in her house, but she did not touch it or do anything with it. The police came, raided her house, found the gun, and said, “There is a mandatory minimum sentence of three years.” She had never committed an offence in her life: she was of completely good character. Should the judge have sentenced her immediately to three years’ custody—it would have been at least five years if she had been 18 or over—or should he have considered that there were exceptional circumstances? In that case he found that there were, and that is the sort of case in which that might apply.
The evidence is clear. More than 50% of those who are sentenced to less than 12 months will go on to commit another offence within a year of release, and the cost to taxpayers of keeping someone in custody for that time is a staggering £47,000 per year, per prisoner. In the case of offenders who are given suspended sentences in the community—those are still custodial sentences which go on to their records as sentences of imprisonment—the reoffending rate is much lower, at about 24%. This type of community sentencing can have tough conditions attached to it, such as tagging, strict curfews—incidentally, we have extended the maximum period for which a curfew can apply to 20 hours out of 24 —and exclusion zones, which are designed to protect the public and keep offenders out of trouble. A requirement to receive treatment for addictions or mental health problems can also help offenders to address what are so often contributing factors to their offending. Critically, as this should be about punishment as well, that can also enable them to stay in work and participate in community payback, such as picking up litter, removing graffiti and otherwise repaying their debt to society.
Madam Deputy Speaker (Dame Rosie Winterton)
Order. Just before the Secretary of State takes an intervention, I wish to remind hon. and right hon. Members that if they are going to intervene on a speaker, it is polite to stay to the end of the speech—as well as to be there at the beginning. I believe that the Secretary of State was about to give way to Neil O’Brien.
Neil O’Brien
Are we really comparing like with like here? The statistics produced by the Ministry of Justice compare the effect of community sentences on reoffending from the start of the community sentence, but the end of the prison sentence, therefore completely ignoring the effect on reoffending of the actual prison sentence itself. Surely if we want to understand the effects of short prison sentences on the community, we must take into account the actual effect on crime of the prison sentence itself.
Alex Chalk
I have looked very carefully at the extremely rigorous analysis that my hon. Friend has provided. Having sat down, wrapped a wet towel round my head and looked at the stats, here is the position. Somebody who completes a custodial sentence and comes out is, for that 12 months thereafter, more than 50% likely to commit an offence, but for somebody who completes a suspended sentence order and comes out, the figure is around half that for the 12 months thereafter. [Interruption.] I just want to finish the point. This is not something that is peculiar to England and Wales; as I have observed from the data. this is a pattern that is seen in Australia, the Netherlands, France and Northern Ireland. In simple terms, it is because, with the technology that we have now, there is a sword of Damocles hanging over someone’s head. If, for example, the trigger for their offending has been that they drink too much and their index offence was that they thumped someone in the queue in Gartree in Leicestershire, by putting on that alcohol tag they know that if they breach that tag by drinking—I thank my right hon. Friend the Member for North West Hampshire (Kit Malthouse) who rolled out those alcohol tags—it means that they can expect to be breached and brought back before the court where they can then go to prison. It is a sharp sword of Damocles that hangs over them.
Several hon. Members rose—
Alex Chalk
I will make a bit of progress, but I will give way to my right hon. Friend the Member for North West Hampshire.
Kit Malthouse (North West Hampshire) (Con)
As my right hon. and learned Friend knows, I support this move, and I said so when he made the previous statement to the House. However, he will have picked up, as I have, a sense that this is a diminution of the retribution element of sentencing. I wonder whether he would consider during the passage of the Bill looking at whether the alternative disposals to prison could be made in many ways much tougher to satisfy that requirement from so many victims that there needs to be a sense of punishment. For example: extending the time that people are on home detention and curfew; extending the time that they are on a sobriety tag from a maximum, I think, of 120 days to a year or 18 months. Many people would see a trade there—okay, he is not going to prison for three months, but he will be on a curfew for 18 months. They would see that as a better trade than like for like.
Alex Chalk
That is a brilliant point, and I agree with it wholeheartedly. I think there is further that we can go. The position at present is that there is a maximum number of hours that a person can do unpaid work. In simple terms, that is designed to ensure that it is completed within a reasonable period of time, but, absolutely, we need to consider whether we have got it right. My right hon. Friend makes a very important point about the extent to which we can use technology to punish effectively. In the old days, the maximum period of time a person could be put on a curfew was about 12 or 16 hours, but we have extended that, which was opposed by those on the Opposition Benches—[Interruption.] You did. Extending the time is important because it is part of the punishment. Equally, those with alcohol tags effectively have someone supervising them—man-marking them—to ensure that they cannot do something that they would ordinarily like to do. However, we should consider whether to go further. My right hon. Friend, as always, makes an excellent point.
Several hon. Members rose—
Alex Chalk
I will make a bit of progress and then I will take an intervention.
Requirement to receive treatment for addictions or mental health problems can also support and address what are so often contributing factors to offending, as I have already indicated. So, what is going wrong with some of these short sentences? One explanation is that when offenders are sent to prison for short periods, there is not enough time for our prison staff to work with them to tackle their addictions, improve their employability, manage their behaviour, and reduce their risk of reoffending. They are often more likely to meet hardened criminals keen to direct them ever further on the road to ruin.
It is important to look at the evidence through the lens of the new technology that is available to us—modern solutions that can support a modern sentencing approach, which were simply not available in our criminal justice system 10 years ago. Other nations have spotted that and we should too, which is why we are doubling the number of GPS tags available to courts to ensure that offenders comply with strict conditions imposed to curtail their liberty.
Neil O'Brien
My only concern about the reply my right hon. and learned Friend gave me a few moments ago is that we are no longer making a comparison with the same cohort. In a previous analysis by the Ministry of Justice, we had a like-for-like cohort and we looked at the period from the end of the prison sentence and the start of the community sentence. Will he agree to rerun that analysis with a matched cohort, this time with a like-for-like comparison beginning at the start of the prison sentence, so that we have that incapacitation effect and can have a fair comparison?
Alex Chalk
I am certainly happy to look at the data, but whichever way we slice it, the central message is unassailable. Essentially, those who have a sentence of imprisonment that is suspended are less likely to offend—because of the sword of Damocles effect, as I have called it—than those who serve short custodial sentences. Of course I will look at the data, and I would be grateful for my hon. Friend’s assistance in doing so.
James Daly (Bury North) (Con)
During my 17 years representing people before the criminal courts, by far the largest cohort was drug-addicted shoplifters. I am afraid I must ask the Lord Chancellor for some clarity about what he said. Many people I represented had 200 previous convictions, with 50 previous convictions for breaching community orders. I wonder whether, in the search for the perfect answer with the correct motivation, we are giving a clean slate to shoplifters to continue offending with no risk whatsoever of a custodial term. I cannot see how they would ever reach the exceptional circumstances test.
Alex Chalk
First, I pay tribute to my hon. Friend, who brings such expertise to the House and uses it in the public interest as a member of the Justice Committee and, indeed, by lobbying Ministers. It is precisely because of the circumstances of the people he has defended in the past that we have framed the Bill as we have. It has a really important aspect to which he did not advert. If someone is arrested, charged, convicted and disgraced for committing an offence that would attract a short custodial sentence while they are subject to an order, the presumption does not apply. He knows that all too often people in that group—I have seen them in court as well—will be subject to a community order or some other order. Community orders, as he remembers, can last up to three years. If anyone commits an offence during the currency of that order, the presumption does not apply. It is really important to make that point crystal clear.
The Bill sends a clear message, which goes a bit like this: either someone complies with a court order or they go to prison. That is a really important message that we send. We underscore the authority of court orders to give offenders a clear choice: either they do what they should do—repay their debt to society, rehabilitate themselves, and stay off the booze, if that is what the courts require—or they go to prison. It is up to them.
Let me move on. The tags enable the courts to monitor whether offenders are getting on with their lives by going to work and observing robust curfews of up to 20 hours a day, but we can also put in place exclusion zones to monitor whether offenders are staying out of areas where they are most likely to get into trouble—for example, a particular high street. They allow us to ensure that there is proper compliance with the punishments given out by the court—for example, unpaid work requirements. That means that offenders are visibly repaying their debt to the communities they offended against, but without it costing the taxpayer many tens of thousands of pounds to effectively pay for bed and breakfasts. If they breach any of those conditions, the probation service is quickly notified so that action can be taken.
Our high-tech alcohol tags have only been available for the past few years—my right hon. Friend the Member for North West Hampshire did more than any other Minister to roll them out. They take a reading of the offender’s sweat every 30 minutes to make sure that they are confronting the issues with alcohol that likely landed them in trouble with the law in the first place. The results speak for themselves: offenders who are ordered to wear those tags and have a complete ban on drinking stay sober, on average, 97% of the time. It not only means that they stay out of trouble, but gives them the opportunity to face up to their issues and turn their lives around. It is easy to see why: they know that within minutes of having a drink, any breach will be detected and a report will be sent to the probation service. The offender is then at risk of being brought back before the court and facing alternative disposal.
Offenders mandated by the court to wear tags have that sword of Damocles hanging over their head. They know that if they step even one inch out of line, they can be sent straight to prison by the courts. Essentially, the newer tags are the equivalent of expanding the workforce so that we can man-mark individual offenders. It is clear not only that we need this new approach, but that advances in technology mean that a new approach is possible.
Alex Chalk
I want to turn to the issue of exclusions, because they matter, but I sense that my right hon. Friend wants to intervene.
Kit Malthouse
My right hon. and learned Friend is being so generous—it is kind of him. Given what he has said about technology, does he share the view that for the first time in offender management, whether post-sentence or during sentencing, we are able to insert certainty of detection of breach through technology? Thus far, detection has been uncertain, and offenders have been able to gamble with their freedom. With sobriety tags they cannot gamble, and we have seen that faced with the certainty of detection and the knowledge that if they breach, incarceration is certain, they make the right choice. As my right hon. and learned Friend said, they comply 97% of the time. As he moves towards this presumption, will he reassure Members on all sides of the House that that certainty of detection of breach will be reinforced as much as possible by the use of this technology?
Alex Chalk
My right hon. Friend gets right to the point. I would not be making this argument unless I had physically been to look at some of the tags and asked questions of the suppliers about what they can and cannot do. Let me tell him a little bit about the tags, although I recognise that he knows about them already. First, they can tell if a person is in an environment where others are drinking. In other words, a probation officer can say, “Hang on, are you hanging around with the wrong crowd, which is a risk factor for you?”
Secondly, the probation officer can tell within half an hour whether that person has had a drink. I know that right hon. and hon. Friends will be saying, “Hang on a second.” [Interruption.] Opposition Members are saying it too. They will be saying, “I bet you there’s a way round it, like putting some foil between my leg and the sensor.” Not a bit of it—that does not work. They will be thinking, “I could just snip it off.” No, because there is a circuit that then sends the alarm. Some offenders have even tried to put a sliver of ham between their skin and the tag—[Interruption.] Yes, or chicken skin. That does not work. These are highly sophisticated bits of equipment that were not available more than two years ago, and they work. Yes, each one costs about £1,300, but that is an awful lot cheaper than £47,000 a year.
We have deliberately designed the Bill to ensure that there are exclusions from the presumption where offenders threaten the safety of others, or where a court order is already in place. Judges will retain the discretion to send offenders straight to prison where they pose a significant risk of physical or psychological harm to a particular individual or are in breach of a court order, such as for stalking prevention—as Members will know, we have introduced stalking prevention orders. That will give victims of domestic abuse the space and time they need to rebuild their lives, and will send a clear message to their tormentors that they can expect to go inside. That is really important, and I want to be crystal clear about that.
A huge amount of work has taken place over the past 10 years to protect women and girls. We have introduced the Domestic Abuse Act 2021, made the sentences for rape longer, and created the offence of stalking and stalking protection orders. Let me be clear: where there is a significant risk of physical or psychological harm to a particular individual, the presumption does not apply. There will also be no duty on a judge to suspend a sentence where further offences are committed while an offender is on licence or subject to post-sentence supervision, and a court may still impose a sentence of immediate custody where it deems there are exceptional circumstances that justify not passing a suspended sentence. As I have said, the presumption does not apply if a court has imposed an order, which sends a powerful message to offenders.
I turn to home detention curfew measures. As the House knows, HDC was introduced in 1999 to manage the transition of offenders from custody back into the community while maintaining significant restrictions on their liberty. When HDC was introduced, more than half of prisoners were serving sentences of less than four years; today, it is less than a quarter. Because sentences have grown longer, clause 8 will recalibrate HDC to restore eligibility to its original intention. This is a limited measure to adjust the HDC model, which has been successful in ensuring that offenders make the smoothest transition possible from custody into the community, while continuing to have their liberty appropriately curtailed.
I understand colleagues’ representations on the Bill. This is just a first step in the legislative process. The Government will of course continue to engage seriously with Members on their specific and important concerns as we look to strike the right balance in sentencing. We believe it is possible to create a Bill that will enable the courts to protect the public and to prevent more people from becoming victims, keeping the British people safe from the most dangerous offenders for longer, while ensuring that robust community sentences reduce reoffending and cut crime. I commend the Bill to the House.
The Parliamentary Under-Secretary of State for Justice (Gareth Bacon)
As this is the first time I have faced the hon. Member for Cardiff West (Kevin Brennan) across the Dispatch Box, I would like to start on a point of agreement. I agree with him that this has been a strong and thoughtful debate, and I am grateful to all those who have spoken.
As my right hon. and learned Friend the Lord Chancellor said when he opened the debate, the Bill builds on our record of cutting crime, and it will protect the public and cut crime even further. The most dangerous offenders will remain behind bars for longer, and we will take action to prevent those who have committed low-level offences from falling further into lives of crime. Right hon. and hon. Members have raised a wide range of points and questions. Unfortunately, in the time I have I will not be able to respond to all of them, but I am of course happy to engage with Members individually later—[Interruption.]
Mr Deputy Speaker (Sir Roger Gale)
Order. There are a lot of Members entering the Chamber, for reasons that are apparent, who have not taken part in or heard this debate. I hope the House will do the Minister the courtesy of listening to his winding-up speech.
Gareth Bacon
Thank you, Mr Deputy Speaker. I will respond to Members I do not mention individually either in writing or in person, especially on any points that I miss.
The hon. Member for Birmingham, Ladywood (Shabana Mahmood), who opened the debate for the Opposition, started her remarks by saying that the Government are doing nothing to address prison places. It is true that the prison population has risen under this Government, and that is because more people are going to prison for longer under this Government. It is not true to say that the Government are doing nothing about prison places. We have set about the largest prison building programme since the Victorian era. We have set about building 20,000 new prison places, backed by £4 billion of investment, and we have delivered 5,500 of those places already, with a further 2,000 coming on line later this year. By the end of 2025, we will have delivered over 10,000 places in total. We are building six new prisons. HMP Five Wells and HMP Fosse Way have opened in the last two years. HMP Millsike is under construction in York, and three further prisons in Leicestershire, Buckinghamshire and Lancashire are going through the planning process.
The hon. Member went on to attack us over probation. She is right that some prison capacity measures will increase the demand for probation, but we are committed to ensuring that probation has the resource it needs to meet demand. This year we have already increased funding for the probation service by £155 million, to recruit staff, bring down case loads and better deliver the supervision of offenders in the community. We continue to focus on recruitment and retention, and we have accelerated the recruitment of trainee probation officers to increase staffing levels, particularly in areas with the most significant staffing challenges. As a result, we have increased staffing in the probation service by over 4,000 people since 2020.
The hon. Member for Birmingham, Ladywood finished her speech with the claim that Labour is in favour of tough sentences, but the fact of the matter is that Labour has opposed every single measure this Government have introduced since entering office. It was Labour that introduced the halfway release point for serious offenders under section 244 of the Criminal Justice Act 2003, and it was Labour that voted against us when we toughened sentences for serious offenders.
Labour voted against our Police, Crime, Sentencing and Courts Act 2022, preferring to keep dangerous criminals on our streets rather than behind bars. That Act introduced whole-life orders for child killers and life sentences for drivers who kill while intoxicated, ended the automatic release of dangerous and violent sexual offenders, and gave the Secretary of State the power to refer to the Parole Board high-risk offenders who would otherwise be automatically released. Labour voted against all of that, so we will take no lessons from them.
The hon. Member for Cardiff West ran through the list of speakers. I will not do the same, but I will pick out a few. The Chairman of the Justice Committee and my constituency neighbour, my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill), gave a characteristically knowledgeable, thoughtful and balanced speech, substantially supported by my right hon. and learned Friend the Member for Northampton North (Sir Michael Ellis) and my hon. Friend the Member for Aylesbury (Rob Butler). He set out the statutory purpose of prison, and he suggested that we should have smarter sentencing—we will look at that. He also made the sensible point that short sentences disrupt community ties, relationships, jobs and home life, and that the loss of these can lead to greater reoffending.
On short sentences, I make it clear that we are not abolishing sentences of immediate custody. There is no proposed ban. The courts will retain wide discretion to impose immediate custody in many circumstances, as my hon. Friend the Member for Bury North (James Daly) correctly observed. Where a sentence is suspended, the courts have a range of robust powers to ensure that offenders are effectively managed, including electronic monitoring to ensure that curfews of up to 20 hours a day are observed, and exclusion zones so that they stay out of areas where they are most likely to get into trouble. There are also various high-tech solutions, such as alcohol tags that are so sophisticated they can take a reading of an offender’s sweat every 30 minutes to make sure they are confronting the issues with alcohol that landed them in trouble in the first place.
It is also true that more than 50% of those who are sentenced to less than 12 months will go on to commit another offence within one year of their release. When offenders are given suspended sentences in the community, with conditions, the reoffending rate is much lower at around 24%. The Ministry of Justice’s own robust evidence suggests that similar offenders, given community sentences or suspended sentence orders, are four percentage points less likely to reoffend than those sentenced to short custodial sentences. That might not sound like a great deal, but it could mean that up to 21,000 fewer offences are committed, meaning that fewer of our constituents become victims of crime.
My hon. Friend the Member for Harborough (Neil O’Brien) rightly mentioned remand and how the significant rise in remand is contributing to prison demand. There are various reasons for the increase in remand, but the court backlog driven by the pandemic and the subsequent Bar strike are substantial reasons. We are doing everything in our power to bring down the backlog, but he will understand that the judiciary is fully independent. It is not within our gift to dictate which cases are taken to court. Nothing in this Bill diminishes our efforts to reduce the backlog and reduce demand pressure. I will be happy to meet him to discuss this further.
Protecting the public from crime is our top priority. The most effective way to do that is to reduce the amount of crime being committed, which is why we are introducing the presumption to suspend short sentences. The Government are taking resolute, evidence-based action to ensure that low-level offenders break the cycle of offending, because reoffending devastates communities and creates more victims.
The measures concerning whole-life orders were welcomed on both sides of the House. These measures will ensure that the very worst murderers will spend the rest of their lives in prison. There will be no possibility of release by the Parole Board for such offenders. By making those changes, we are sending the very clear message that for the most heinous, horrific cases, a whole-life order will be the correct sentence. That can only be prevented if the court believes that there are exceptional circumstances—and they would have to be exceptional circumstances—that would make such a sentence unjustified.
Murders of a single victim that involve sadistic or sexual conduct will also be punishable by the imposition of a whole-life order—again, unless there are exceptional circumstances. Such offending is so serious, and causes so much anguish to victims’ families and wider communities —as we have seen following the brutal killings of Zara Aleena, Sabina Nessa and others—that it is only right for such perpetrators to be locked up for the rest of their lives.
A number of Members referred to sexual offences, including my right hon. Friend the Member for Witham (Priti Patel). I will focus on rape. Rape is a uniquely serious crime and one that causes terrible trauma for its victims, so it is right for those found guilty of rape, and other equally serious sexual offences, to be subject to a punishment that reflects the severity of their offending. These measures will ensure that rapists serve the whole of their custodial sentences behind bars. They will no longer be subject to any automatic or discretionary early release, but will have to spend every single day of their custodial term locked up, as directed by the court. That will be followed by a robust period on licence during which such offenders will be supervised by the probation service and will be subject to a possible recall to custody if their risk cannot be safely managed in the community.
It is clear from the debate that there are strong views on the Bill, but it is the first stage of a legislative process, and we welcome engagement from Members on both sides of the House as we seek to strike the right balance in sentencing. I personally can see the merit in ideas such as reviewing some measures and perhaps even a power to switch them off, and it is right that we consider the use of these measures carefully. Having heard the points raised by several Members about knife crime, I will look closely at that issue.
Our aim is to ensure that we can keep the most dangerous offenders in prison for as long as necessary to keep the public safe from harm, while ensuring that sentences do not trap the redeemable in a revolving door of offending. I therefore commend the Bill to the House.
Question put and agreed to.
Bill accordingly read a Second time.
SENTENCING BILL (PROGRAMME)
Motion made, and Question put forthwith (Standing Order No. 83A(7)),
That the following provisions shall apply to the Sentencing Bill:
Committal
(1) The Bill shall be committed to a Committee of the whole House.
Proceedings in Committee, on Consideration and on Third Reading
(2) Proceedings in Committee of the whole House shall be taken in the following order: Clause 1; Schedule 1; Clauses 2 to 6; Schedule 2; Clause 7; Schedule 3; Clauses 8 to 11; new Clauses; new Schedules; remaining proceedings on the Bill.
(3) Proceedings in Committee of the whole House shall (so far as not previously concluded) be brought to a conclusion five hours after their commencement.
(4) Any proceedings on Consideration and proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion six hours after the commencement of proceedings in Committee of the whole House.
(5) Standing Order No. 83B (Programming committees) shall not apply to proceedings in Committee of the whole House, to any proceedings on Consideration or to proceedings on Third Reading.
Other proceedings
(6) Any other proceedings on the Bill may be programmed.—(Aaron Bell.)
Question agreed to.