Sir Geoffrey Clifton-Brown (North Cotswolds) (Con)
The Lord Chancellor and Secretary of State for Justice (Shabana Mahmood)
The last Government left us with a record and rising backlog. Cases are taking years to be heard, and the number of victims dropping out at police stage has nearly doubled. We have taken steps to deliver swifter justice by increasing sitting days to a 10-year high and extending magistrates courts’ sentencing powers, but we must go further. That is why I have commissioned Sir Brian Leveson to conduct a review of the courts, asking him to propose once-in-a-generation reform.
Mr Mohindra
We all want justice to be served as quickly as possible, and many of my constituents have contacted me recently with concerns about law and order. Given the various media reports about unused capacity in courts up and down the country, what is the Secretary of State’s Department doing to ensure that every aspect of the justice system is working efficiently and at full capacity?
Shabana Mahmood
The hon. Gentleman makes a good point, and I share his concerns and those of his constituents—indeed, I see many such cases in my own constituency advice surgeries. We are working at pace to ensure that every bit of the criminal justice system is working at its maximum efficient capacity. That includes everything from police stage right through to sentencing in the courts. I am sure that he will be aware of the very strained situation we inherited. It will take some time for those changes to take effect, but we are driving forward system efficiency, and Sir Brian Leveson’s review will give us a policy package with which to reform the system for the benefit of all victims.
Bradley Thomas
Constituents across Bromsgrove and the villages are sick and tired of violent criminality and lawlessness creeping over the border from Birmingham into our constituency. In the past year, Romsley Co-op and Wythall post office at Drakes Cross—both of which are on the northern fringe of my constituency—have been raided, and it is hard to believe that proximity to Birmingham is not a factor in that. What steps is the Secretary of State taking to ensure that prosecutions are pursued and custodial sentences are given in the first instance, to crack down on crime and make our area safe again?
Shabana Mahmood
Through our landmark review of sentencing, this Government are ensuring that sentencing is fit for purpose. That will ultimately put us in a position where we can crack down on reoffending, thereby cutting crime and the number of victims. I am not sure whether the hon. Gentleman is proposing carving out his part of the world from any other part of the country, but his argument about boundaries can apply to any part of the UK. That is why we need a functioning justice system for the whole of England and Wales, and that is what this Government are going to deliver.
Sir Geoffrey Clifton-Brown
The Justice Secretary has said that she agrees with the old legal maxim that justice delayed is justice denied. We currently have a record backlog of 73,000 in the Crown courts; rape cases are not being prosecuted for three or four years; and, in particular, on any one day 25% of cases do not take place, for a variety of reasons. What is the Justice Secretary doing to speed up the whole system?
Shabana Mahmood
I agree with the Chair of the Public Accounts Committee that the backlog is far too high. He will know that, no matter what we do in terms of system efficiency and capacity, that backlog is projected to rise, because the demand coming into the system is particularly high and is itself rising. That is why I have asked Sir Brian Leveson to consider once-in-a-generation policy reform, so that we can make the legislative changes necessary to bring the backlog down. That is the change that is required, alongside system-wide efficiency and productivity.
Andy Slaughter (Hammersmith and Chiswick) (Lab)
The Secretary of State has announced two major reviews of the criminal justice system—the Leveson review and the Gauke review—and has said that, very impressively, they might report by the spring, which could be 1 March. There is a difference between reporting and taking action, so could she set out exactly when she expects the results of those two reviews to have a direct impact on case numbers?
Shabana Mahmood
The Chair of the Justice Committee is tempting me to pre-empt what the reviews will find. Those findings will, of course, dictate the pace at which change can then occur. He will be aware of the acute pressure on our prisons system, despite the emergency levers that I have had to pull—that has only bought us some time, as I have said when regularly updating the House. The sentencing review measures have to take account of our remaining problem with prison capacity. Once the review has been published, we will move quickly to decide which recommendations to take forward. On the courts package, it is likely that any measures will also require legislative reform. Again, I will seek to move at pace on that, but that rather depends on the package of measures that Sir Brian Leveson ultimately recommends.
Robert Jenrick (Newark) (Con)
The courts backlog is growing by 500 cases every month, and the Ministry of Justice has not set a date for when it will come down. Victims are being forced to put their lives on hold while they wait for a trial date, yet today at the Old Bailey half of all the courtrooms sit empty. The Lady Chief Justice has said that there are 4,000 additional sitting days available that could be used now. Who is the obstacle to resolving this? Is it the Justice Secretary, who is content for rape trials to be scheduled for as far off as 2027, or is it the Chancellor, and the Justice Secretary has just had rings run around her by the Treasury?
Shabana Mahmood
What an absolutely outrageous set of remarks! The right hon. Member completely forgets that, only six months ago, his Government were in charge. The Government of which he was part all but ran our justice system into the ground. I do not recall seeing him standing up and speaking about delays for rape victims, or indeed any other kind of victim, when he was on this side of the House. I am glad he has now realised that the system ought to try to put victims first. His critique would have more force were it not for the fact that this Government, having come to office only six months ago, have increased Crown court sitting capacity by 2,500 days.
Seamus Logan (Aberdeenshire North and Moray East) (SNP)
The Parliamentary Under-Secretary of State for Justice (Sir Nicholas Dakin)
May I take this opportunity to pay tribute to our prison staff for the essential work that they do? We are committed to improving the retention of experienced staff, because they are vital to keeping our prisons running. The Lord Chancellor has requested advice from officials on the pension age of prison officers, and we will continue to engage with trade unions as this is considered.
Seamus Logan
I thank the Minister for his warm words and encouraging remarks. He will know that in Scotland the “68 is too late” campaign by the Prison Officers Association enjoys cross-party and Scottish Government support, but the UK Government have refused to take action on this important issue. The current retirement terms ignore the reality of the frontline role that prison officers perform in prisons on a daily basis across the UK. It is a dangerous role, and no less so than that of firefighters or the police, who enjoy very different terms. Although justice is devolved to the Scottish Parliament, the pensions of Scottish prison officers are controlled by the UK Government. So will the Minister or the Secretary of State commit the Government to reviewing the current prison officer retirement age of 68, and will he meet me to hear this case in more detail?
Sir Nicholas Dakin
As I have said, the Lord Chancellor has requested advice on this matter. We promote our strong employee total reward package as part of our recruitment. The terms and conditions of the civil service pension scheme are some of the best in the public sector, with a low employee contribution rate and a significant employer contribution rate of 28.97%. However, that does not mean it is not a right and proper question to ask, and if the hon. Member wishes to have a meeting with me, I am quite happy to meet him.
John Whitby (Derbyshire Dales) (Lab)
Becky Gittins (Clwyd East) (Lab)
The Parliamentary Under-Secretary of State for Justice (Sir Nicholas Dakin)
This Government’s plan to support women is clear and ambitious: to reduce the number of women going to prison and to have fewer women’s prisons. Our Women’s Justice Board, which met for the first time last week, will support implementing this vision. I would also remind the House that, as the Minister responsible for youth justice, I have initiated a review of the placement of girls in custody, on which Susannah Hancock will report at the end of this month.
John Whitby
What family support is available for women at Foston Hall prison and young offenders institution?
Sir Nicholas Dakin
We know that family support is very important to women in custody, which is why grant funding has been awarded to the charity Parents And Children Together—PACT—to provide a resettlement family engagement worker in HMP Foston Hall, as well as in seven other women’s prisons.
Jayne Kirkham
Gaie Delap, the mother of a constituent of mine, was recalled to prison just before Christmas, despite complying with her curfew conditions, because the Government’s electronic monitoring services contractor could not fulfil its contract and find a tag to fit a frail 78-year-old woman. Can the Minister and the Secretary of State help to find a solution so that Gaie Delap can be released on her curfew, and so that women are not disadvantaged by the failings of the contractor’s electronic monitoring system?
Sir Nicholas Dakin
I thank my hon. Friend for raising this matter. In this case the court’s decision was to impose a prison sentence, and neither Ministers nor officials can intervene in sentences passed down by our independent courts. I understand the frustrations and can assure the House that we are working hard to find alternative approaches to ensure a secure resolution to this issue.
Paul Davies
There are more than 3,000 women prisoners in England and Wales—a number that the Ministry of Justice projects will rise to 4,200 by November 2027. Like many, I welcome the newly established Women’s Justice Board, which will oversee efforts to tackle this issue and ensure a tailored approach to female offenders. What measures are being implemented to provide support through community sentences and residential women’s centres?
Sir Nicholas Dakin
We are awarding £7.2 million for the upcoming year to community organisations and local areas that are already supporting women in the community. We are also employing options to increase the use of residential provision as an alternative to short custodial sentences. That includes engaging with the judiciary to ensure that the option of a community order with a residential requirement is considered in appropriate cases.
Becky Gittins
I welcome the launch of the Women’s Justice Board, which is intended to reduce the number of women in our prisons, cut reoffending and better support our children. Will the Minister work with organisations from across the country, including North Wales Women’s Centre, to ensure not only that their voices are at the heart of the work going on, but that they have the resources and support needed to support the most vulnerable in our society?
Sir Nicholas Dakin
I pay tribute to women’s centres across the country such as that in north Wales for the excellent contribution that their work makes. I agree that short custodial sentences can be problematic; they exacerbate women’s underlying needs without allowing time for rehabilitation, and they separate mothers from children and mean that women are more likely to reoffend. That is why the Women’s Justice Board—I am grateful to my hon. Friend for welcoming it—aims to increase the number of women supported in the community. The board will also look at how we can better support mothers with young children.
Sir Ashley Fox (Bridgwater) (Con)
Does the Minister accept that allowing biological men into women’s prisons increases the risk to female offenders? Does he further accept that only biological women should be housed in women’s prisons?
Sir Nicholas Dakin
The vast majority of transgender prisoners are in men’s prisons. We have continued the policy of the previous Government, but all policies are always under review.
Carla Lockhart (Upper Bann) (DUP)
Across the UK we face the bizarre and worrying reality that common-sense protections for women are being dismissed. For example, in Northern Ireland a motion to ensure that biologically male prisoners who identify as women are held in male prisons has been opposed by many elected representatives in the Northern Ireland Assembly, and it is an issue that extends across the UK. What assurances—we do want assurances—can the Minister give that women’s safety is taken seriously, and that they are guaranteed single-sex spaces in prisons, and other settings, free from biological males who identify as women?
Sir Nicholas Dakin
Safe spaces for women are crucial and a No. 1 priority in everything we do.
Jim Allister (North Antrim) (TUV)
The Minister refers to keeping under review the question of placing biological men in women’s prisons. Will he speak to the Justice Minister in Northern Ireland and ensure that she reviews that policy? Only last week she was defending the very policy that puts women at risk from biological men who are claiming the right to be retained in women’s prisons.
Sir Nicholas Dakin
That is a devolved matter, though clearly we are happy to speak to the devolved Government about any issues.
Liz Twist (Blaydon and Consett) (Lab)
The Lord Chancellor and Secretary of State for Justice (Shabana Mahmood)
I am sure that the whole House will join me in saying that our thoughts today are with the victims of these horrific crimes and their families. Last week we saw a measure of justice done, but over a number of years there was widespread state failure that meant that this attacker was not stopped. It is right that there will be an inquiry. The Ministry of Justice will play its full part, and I will ensure that any lessons for us are learned.
Liz Twist
When the tragedy of Southport happened, crucial details about the case could not be revealed to ensure that the trial did not collapse and the vile perpetrator did not walk away as a free man. However, some on social media were playing by different rules. Does the Secretary of State think that our contempt rules are fit for the modern world?
Shabana Mahmood
My hon. Friend raises an important point. The Government would not say anything that would risk collapsing this trial. The media followed the law, and so did everyone in this House, but the same was not true online. As the Prime Minister has said, this challenge clearly must be addressed. The Law Commission is reviewing contempt laws. We will look closely at that work and consider these issues in the round.
Sir Desmond Swayne (New Forest West) (Con)
But the information released shortly before the trial did not collapse the case. Had it been released in August, it might have had a dampening effect on those unhelpful voices on social media, might it not?
Shabana Mahmood
As I said in my previous answer, it is clear that the fast pace of the online world has some significant challenges for our present arrangements around contempt laws. The Government’s approach, which was to do nothing that might risk collapsing the trial, was the right one. I hope that will have support across the House. It would have been in no one’s interests to take any risks with the safety of the trial. As I have said, the online space poses some challenges for our contempt law arrangements, and the Law Commission is rightly looking into that.
Robert Jenrick (Newark) (Con)
Contempt of court laws are guardrails that ensure fair trials. Does the Justice Secretary accept that, as the independent reviewer of terrorism legislation has said, by failing to provide basic information to the public that has been disclosed in previous cases—information that would not prejudice a trial—the authorities created a vacuum in which misinformation spread? That misinformation could itself have been prejudicial to the trial. Does she agree that in an age when most people consume their news through social media, saying nothing is not cost-free? Will she commit to reviewing this issue now, rather than waiting for the Law Commission?
Shabana Mahmood
There will always be differing views among lawyers about what can and cannot be said. It is right that the Government took their own position and that we did nothing that could risk collapsing the trial. I agree with the shadow Secretary of State that the online world poses a significant challenge to our contempt laws. That is why that is already being looked at. As there is a piece of work already under way, I do not want to pre-empt where that could land. The Law Commission has a good track record of considering major law changes. Because of the inquiry and the fast-moving nature of these things, I will keep this area under close review myself.
Anneliese Midgley (Knowsley) (Lab)
The Lord Chancellor and Secretary of State for Justice (Shabana Mahmood)
By failing to attend their sentencing hearings, criminals add insult to injury and deny victims and their families a vital part of seeing justice done. Iusb will be legislating to give judges the power to order attendance at sentencing hearings, and I will make it clear in the law that reasonable force can be used to make sure that happens. The Prime Minister and I met Cheryl Korbel last week to discuss these proposals, and we will ensure that the families of other victims are involved before the Bill is put before the House.
Anneliese Midgley
I thank the Secretary of State for that positive response, and I thank her and the Prime Minister for meeting me and my constituent Cheryl Korbel, the mother of Olivia Pratt-Korbel, the nine-year-old who was tragically murdered in 2022. Cheryl is pleased that the Government have committed to implementing Olivia’s law without delay. Can the Minister ensure that Cheryl is involved in the development of this law, placing victims and their families at the heart of the justice system?
Shabana Mahmood
I pay tribute to my hon. Friend for the work she is doing on behalf of her constituents. I was pleased to be able to discuss these matters with her. She is absolutely right, and it is crucial that we make progress in this area. We have committed to introducing that legislation before the summer, and I will, as I promised last week, consult Olivia’s family and the families of other victims for whom non-attendance at sentencing hearings has caused problems.
Mr Gregory Campbell (East Londonderry) (DUP)
There are a small number of people who, through due process, appear in court and are convicted, but who decline to come up to the court room for sentencing. The Secretary of State has indicated her intention to move on this. Does she agree that the Government need to show a very robust approach, so that people who show disdain and contempt for the rule of law are shown that there is no room for manoeuvre and that they must and will appear in court?
Shabana Mahmood
The hon. Member is right. It is already expected that defendants will attend sentencing hearings, but we know that some take the opportunity not to face the families of their victims, which causes huge trauma to some of the families. We will clarify and put on a statutory footing the expectation of attendance at sentencing hearings, along with sanctions for dealing with offenders who still, despite being compelled to attend court—even through the use of reasonable force—seek to disrupt hearings.
Mr Richard Holden (Basildon and Billericay) (Con)
Katie Lam (Weald of Kent) (Con)
The Lord Chancellor and Secretary of State for Justice (Shabana Mahmood)
The Government have inherited a situation where 10% of offenders account for 50% of all offences. We have also inherited an epidemic of shoplifting, the kind of antisocial crime that blights communities. I have commissioned David Gauke to review how sentences could be reformed to address prolific offending, reduce reoffending, cut crime and ultimately make our streets safer.
Mr Holden
I believe in second chances, and perhaps even more chances in some cases, but the excellent Policy Exchange report, “The ‘Wicked and the Redeemable’: A Long-Term Plan to Fix a Criminal Justice System in Crisis” found that hyper-prolific offenders—those with more than 45 previous convictions—are sent to prison on fewer than half of the occasions on which they are convicted of a subsequent indictable or either-way offence. Given that those people commit such high numbers of crimes, which usually affect our least affluent constituents, what consideration have the Government given to the report’s recommendations, particularly on introducing a mandatory two-year sentence for hyper-prolific offenders who are convicted of a subsequent indictable or either-way offence?
Shabana Mahmood
The right hon. Member raises an important point about an issue that blights communities across the country. I agree that we need a specific strategy for dealing with prolific offenders. Of course, different organisations use different definitions of what counts as a prolific offender or hyper-prolific offender, and that is why I have asked David Gauke to look specifically at this cohort of offenders in the independent sentencing review. The revolving door of prison and other types of sentences for them is clearly not having an impact. We must think about the interventions that will make the biggest difference to the largest number of those offenders, so that we can cut crime and have fewer victims.
Katie Lam
The Lord Chancellor rightly says that less than 10% of criminals account for nearly half of crime. I understand that a sentencing review is under way, but any decisions are for Ministers to make. Will the right hon. Lady please rule out here and now any possibility of allowing career criminals to avoid prison, even for short sentences?
Shabana Mahmood
The hon. Member will know that I am not going to pre-empt any of the findings of the sentencing review. The point of having an independent review is to allow for a look at all the issues in the round. I have made it clear that I am particularly concerned about the people who she rightly terms career criminals, and I am particularly keen to think about the interventions that could make the biggest difference, so that we can reduce this blight on our communities. That is a clear statement of intent from the Government, showing how seriously we take prolific offending, but the measures that we choose to take forward will be clearer once the sentencing review has reported.
Dr Kieran Mullan (Bexhill and Battle) (Con)
As the Secretary of State mentioned, the approach to managing hyper-prolific offenders is part of David Gauke’s review, which could consider, for example, the wider use of GPS tagging and home curfew, but the Department has been undertaking its own assessment of the effectiveness of GPS tagging. Will the Government commit to publishing that review before or alongside the sentencing review, so that we can properly judge the merits of any proposed expansion?
Shabana Mahmood
As I have sought to do throughout this process, I will ensure transparency in the Government’s approach when it comes to not just the emergency releases data, but other information that underpins future policy choices.
Dr Mullan
I did not quite hear a “yes”, but I will take that as an encouraging commitment that the Secretary of State will publish the GPS tagging review ahead of any sentencing review. However, I am afraid that in Ministers’ discussions of these issues, they risk losing sight of the fact that imprisonment also serves the important purpose of punishing offenders in the interests of justice. Importantly, how will the Government decide whether any of David Gauke’s proposals that they are minded to accept sufficiently punish offenders? How will that judgment be made before any recommendations are accepted?
Shabana Mahmood
I have said on many occasions in this House that I believe in punishment and in prison. Prison has a core role to play in the punishment of offenders. However, we must not run out of prison places. We must balance the need to punish and imprison people with interventions that expand the use of punishment outside prison. [Interruption.] The hon. Gentleman says, “Build more” from a sedentary position. We are. We are moving forward to solve the 14,000 prison place deficit left by his Government at the last election. This Government will build prisons, but as he knows, we cannot build our way out of the prison capacity crisis. We must consider other measures as well, but let me be clear: we will always seek to punish offenders, and prison will always have a place. This Government will build more prison places than the previous one.
Luke Myer (Middlesbrough South and East Cleveland) (Lab)
Mark Sewards (Leeds South West and Morley) (Lab)
The Parliamentary Under-Secretary of State for Justice (Sir Nicholas Dakin)
We took immediate action to prevent the collapse of the prison system by implementing SDS40. We are building 14,000 new prison places and have published our 10-year capacity strategy. We have launched an independent sentencing review, so that we never run out of prison places again.
Luke Myer
I welcome the Government’s action to increase prison capacity, but I am worried about youth custody. My local police force is particularly concerned that there is simply not enough space in the secure custodial estate. Many vulnerable young people are at risk of being exploited by organised criminal gangs. That is less to do with young offenders institutions and more to do with the lack of capacity in secure children’s homes; that capacity has fallen since 2010. The number of Ministry of Justice contracted spaces is now around only 100 for the entire country, which is appalling. How will the Minister work with Department for Education to increase capacity, and protect vulnerable young people and our residents?
Sir Nicholas Dakin
We certainly do not wish to reduce capacity. I can confirm that we contract with local authorities’ secure children’s homes, and place children there. In 2010 we contracted for 191 beds, and currently we contract for 103. That correlates with a decrease in the number of young people in custody, mostly over the period when the Conservatives were in government. We do not currently intend to reduce overall capacity in the youth custody service estate, which comprises young offender institutions, secure training centres, secure school and SCH beds. However, we are recommissioning secure children’s home places, and cannot predetermine the outcome of that exercise, but I assure my hon. Friend that we will not run out of space.
Mark Sewards
December’s annual report on prison capacity stated that of the 88,400 prison places available, 97% are occupied, and it estimated that by 2032 we will have a prison capacity of around 99,000, but the central estimate of the number of prisoners stands at 104,100. What will this Government do to ensure that everyone who commits a crime worthy of prison is sent to prison?
Sir Nicholas Dakin
I assure my hon. Friend that that will be the case. People who commit a crime worthy of prison will be sent to prison. As we have assured the House, we have plans to build 14,000 new prison places, as set out in our 10-year capacity strategy. In six months we have added 500 prison places. It took 14 years for the Conservatives to do that. We have also launched an independent sentencing review, so that we never run out of places again. Taken together, these measures will ensure that the country does not have more prisoners than we have space for in our prisons.
Jim Shannon (Strangford) (DUP)
On building capacity, armed forces veterans concern me and many in this Chamber. They often live with post-traumatic stress disorder and have emotional memories and nightmares of what they have done in uniform for this country. What extra can be done to better look after our veterans in prison? They fight with demons every day. We have to look after them.
Sir Nicholas Dakin
The armed forces covenant affects us all. His Majesty’s Prison and Probation Service ensures that veterans’ issues are properly addressed with the individuals concerned, to give them the proper support that they need.
Anna Sabine (Frome and East Somerset) (LD)
The Minister of State, Ministry of Justice (Sarah Sackman)
This Government are committed to supporting victims and survivors of violence against women and girls. These are abhorrent crimes. We are therefore funding the rape and sexual abuse support fund to the tune of £26 million, as well as funding independent domestic and sexual violence advocates. We are also strengthening the powers of the Victims’ Commissioner to improve accountability where those victims’ needs are not being met.
Anna Sabine
A constituent of mine from Somerset was seriously sexually assaulted in another county more than two years ago. Despite reporting the assault in 2022, she has been given a court date in December 2025. She told me that the legal process, involving both the courts and the relevant police service, has been more traumatising than the incident itself. What better support can we offer women who find themselves stuck in these processes for such lengths of time?
Sarah Sackman
I am terribly sorry to hear about this case. We know that such cases are not isolated, which is why this Government are bearing down on the Crown court backlog; we are increasing the number of Crown court sitting days and increasing magistrates’ sentencing powers to free up capacity in the Crown court, so that we can get swifter justice for victims. We are also investing in the victim transformation programme, through the Crown Prosecution Service, to provide precisely the kind of support that would benefit the hon. Lady’s constituent, keep her engaged in the process, and bring those trial dates forward.
Chris Webb (Blackpool South) (Lab)
It has been revealed that just 4% of rape and sexual offences reported to Lancashire police in the past year resulted in a charge or summons. What steps will the Ministry take to restore confidence in the criminal justice system for my constituents?
Sarah Sackman
My hon. Friend will know that this Government have a landmark ambition to halve violence against women and girls, and the criminal justice system has an important part to play in that. While setting that priority, whether it is for the CPS or our police, we want to drive charging decisions and drive up the conviction rate. Providing swifter justice for victims is going to require once-in-a-generation reform to bring down the Crown court backlog.
Josh Babarinde (Eastbourne) (LD)
In a recent written parliamentary question, I asked the Government how many domestic abusers there are in prison and what their reoffending rate is. Under the system this Government inherited from the Conservatives, they said that
“It is not possible to robustly calculate the number”.
That is shocking, and is in part because there is no specific offence of domestic abuse in the law to properly reflect and recognise these crimes. My Domestic Abuse (Aggravated Offences) Bill would correct that loophole. When will the Secretary of State honour the commitment she made on “Good Morning Britain” to meet me to discuss my Bill and how we can better protect victims and survivors?
Sarah Sackman
Tackling domestic abuse is a priority for this Government. The Domestic Abuse Act 2021 sets out a broad statutory definition of domestic abuse, which is improving our understanding of the wide range of behaviours that can constitute this abuse. While not constituting a stand-alone offence, domestic abuse is considered an aggravating factor routinely throughout our criminal justice system, and rightly so. That is the reason why that data is not collected, and that is the position we will maintain.
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
The Parliamentary Under-Secretary of State for Justice (Sir Nicholas Dakin)
The right hon. Lady is right to raise this issue. We inherited historic under-investment in maintenance and a rising prison population. That is why we have already published our 10-year prison capacity strategy and have plans to invest £220 million in prison and probation service maintenance in ’24-25, and up to £300 million in ’25-26.
Liz Saville Roberts
I rise as the co-chair of the justice unions parliamentary group. The emergency extra money to tackle the squalid state of our prisons is welcome, but given the £2 billion maintenance backlog, the reality is that the extra money will not touch the sides. This shows exactly why the privatisation of prison maintenance is a failed model. Private contractors may win contracts on low bids, but billions come in as extra cost later. Does the Minister seriously think that current prison maintenance providers offer good service and value for money to the taxpayer?
Sir Nicholas Dakin
The right hon. Lady is right. We inherited contracts that were already well progressed; for best value and to move things forward quickly, we decided it was important to keep going with that process. However, I can assure the House that we have an open mind regarding private and public sector contracts in the future. The important thing is to get best value for money and get the job done.
Blair McDougall (East Renfrewshire) (Lab)
Katie Allan was a beautiful and bright young woman, and would have been a constituent of mine but for the fact that, aged 21, she found herself, after a youthful stupid mistake, in Polmont young offenders institution, where she died from suicide. The fatal incident inquiry recently published into her death and the death of William Brown found that they both might be alive today were it not for a catalogue of errors by the Scottish Prison Service. The families of those who have lost children in such circumstances are campaigning for Crown immunity to be removed from prisons across Britain, so that there is proper accountability and more young lives are not lost. Will the Minister meet the families to discuss that proposal?
Sir Nicholas Dakin
I thank my hon. Friend for his question. He draws attention to a deeply disturbing case. I am very happy to meet him and the families concerned.
Mr Peter Bedford (Mid Leicestershire) (Con)
The Lord Chancellor and Secretary of State for Justice (Shabana Mahmood)
The last Government gave the public plenty of reasons to lose confidence in the justice system, including a rising courts backlog and prisons on the edge of collapse. We have already averted a crisis in our prisons, and have raised Crown court capacity to a 10-year high. We are now embarking on reform of our courts and our prisons. The work of restoring confidence in the justice system has started. It will, of course, take some time.
Mr Bedford
Jason Hoganson was wrongly released under the Government’s early release scheme. Last week, he was convicted of assaulting his ex-partner just a day after he was freed under that botched scheme. Does the Secretary of State agree that this shocking case, and cases like it, continue to undermine the public’s trust and confidence in our justice system?
Shabana Mahmood
What undermines confidence in the justice system is running out of prison places, which is the inheritance the Conservative Government left for this Government. That is the mess that we are cleaning up. The hon. Gentleman will also be aware that the previous Government’s end-of-custody supervised licence scheme was also an early release scheme, but without any of the measures on accountability and transparency, or the wider set of exclusions, that that we introduced with the SDS40 scheme.
Jonathan Davies (Mid Derbyshire) (Lab)
On Friday, I met my constituent Hayley Johns. She has given me permission to share her story in this place. Hayley was a victim of domestic abuse and actual bodily harm perpetrated by an ex-partner. I was absolutely shocked to hear her story. Her ex-partner was convicted for three years for his crimes. However, he is being considered for release after serving just three months. Does the Justice Secretary agree that given the legacy of the previous Government, we need to redouble our efforts, and the efforts of this Government, to improve confidence in the criminal justice system? Can I please ask her to take a personal interest in this case?
Shabana Mahmood
I will happily look at the facts of the case. Some of those numbers do not sound like they should be possible, but that could be down to specific factors relating to that case. If my hon. Friend writes to me with the details, I will make sure he has a full response.
Josh Babarinde (Eastbourne) (LD)
Confidence in the criminal justice system can be achieved only if support for victims and survivors is adequately funded, but charities such as Victim Support, whose services I have personally benefited from, have said that for them, the hike in employers’ national insurance contributions amounts to a real-terms budget cut of 7%. Victims need more support, not less. Will the Secretary of State fight to reverse that damaging cut and help restore victims’ confidence in the criminal justice system?
Shabana Mahmood
The hon. Gentleman will be aware of the difficult fiscal inheritance for this Government, and that we have had to make some difficult choices. We received a good settlement from the Treasury at the last Budget, but it is not without its challenges, given the high demand in our system. He will know that we have protected funding for victims of violence against women and girls, including rape and sexual offences. We have sought to protect the most vulnerable victims when making decisions on our victims funding packages.
Sir John Hayes (South Holland and The Deepings) (Con)
The Lord Chancellor and Secretary of State for Justice (Shabana Mahmood)
The right hon. Member raises a very important point on these heinous gangs and the crimes that they commit. The 20 recommendations made by Alexis Jay in her independent inquiry on child sexual abuse were ignored for far too long. The Government are working at pace to respond to them. We will also legislate to make grooming an aggravating factor in the sentencing of child sexual offences, ensuring that the punishment fits these horrific crimes.
Sir John Hayes
As in Bradford last week, where more of the grooming gangsters, largely of Pakistani origin, who raped white girls there and elsewhere were sentenced, the paucity of the Home Secretary’s audit, whereby authorities mark their own homework, was made clear. Will the Justice Secretary agree to a wide-ranging review of these matters with statutory powers? Surely those whose lives have been ruined, and those whose lives may yet be ruined, deserve more than the weak reticence of people with power who refuse to face the facts.
Shabana Mahmood
I hope that the right hon. Gentleman and I have a shared objective in making it clear that there is a desire in all parts of the House to ensure that we face the full facts and that the victims of these heinous crimes receive the justice they deserve. I am sorry to hear that there are concerns in Bradford about the audit ordered by the Home Secretary; I will ensure that they are passed on to the Home Secretary, because, as the right hon. Gentleman will know, these matters fall directly within the purview of the Home Department.
Alex Ballinger (Halesowen) (Lab)
The Parliamentary Under-Secretary of State for Justice (Sir Nicholas Dakin)
The number of children in custody has fallen significantly over the last decade, but those who are detained are now a more complex and violent cohort. Our turnaround programme provides funds that enable youth offending teams to intervene early to address child offending. Only 5% of children who completed such interventions received convictions in the first year of the programme, but we are continuing to take stock of what more can be done.
Alex Ballinger
Last week, tragically, 12-year-old Leo Ross was stabbed to death in Birmingham as he was returning home from school. His 14-year-old killer had been arrested several times for violent offences in the months running up to the killing. Can the Minister tell me what the Government are doing to reform the youth justice system to address and prevent the knife crime among our young people that is resulting in terrible tragedies like the one we saw last week?
Sir Nicholas Dakin
I am deeply saddened by this tragic crime, and my thoughts and, I am sure, those of everyone else go to the family of Leo Ross. Such horrific events underline just how important it is to deliver our manifesto commitment to ensure that every young person caught in possession of a knife is referred to a youth offending team and that appropriate action is taken. We are also piloting a new, more robust form of community punishment for children, involving mandatory GPS monitoring and intensive supervision.
Lisa Smart (Hazel Grove) (LD)
The Minister of State, Ministry of Justice (Sarah Sackman)
Applications for deputyship to the Court of Protection play a vital role when people need to be able to make decisions for loved ones who lack capacity. It is important to support those people through prompt and efficient processes. His Majesty’s Courts and Tribunals Service has been implementing an improvement plan, driving down waiting times by recruiting more staff, enhancing judicial capacity, digitising application forms, and implementing a new case management system.
Lisa Smart
One of my constituents has contacted me to ask why he has been waiting nine long months for a decision from the Court of Protection on his deputyship application. He needs to secure the deputyship in order to make crucial decisions for a vulnerable loved one. Another constituent, in a similar position, waited for two months without any acknowledgement that his application was being looked into. Their experiences are not unique; solicitors and judges alike acknowledge the systemic delays plaguing the system. Does the Minister agree that such long delays in processing times are unacceptable, and what does she think is acceptable?
Sarah Sackman
I agree with the hon. Lady that such delays are not acceptable, and I am sorry to hear of the distress that this will have caused. It is right that we continue to invest in our improvement plan and continue to see progress with digitisation. Digitising the application forms is a first step, but we want to see end-to-end digitisation, which we know is resulting in decent progress and has sped up those times over recent months. There is more to do, and we shall do it.
Rosie Duffield (Canterbury) (Ind)
The Minister of State, Ministry of Justice (Sarah Sackman)
As I have said, the Government are committed to halving violence against women and girls within a decade. It is an important ambition, and the criminal justice system has a vital role to play in it. In November, we launched a pilot promoting domestic abuse protection orders in selected areas, and we have ambitions to roll that out further. We will also introduce independent legal advisers for adult rape victims, ensuring that victims have the legal support that they need and deserve.
Rosie Duffield
Last week, the Domestic Abuse Commissioner found that just 5% of reported domestic abuse results in a conviction. Does the Minister share my concerns that lengthy investigations into non-crime hate incidents are potentially diverting vital resources from the criminal justice system and from prosecuting actual violence against women and girls?
Sarah Sackman
The hon. Member is right to remark on the low charging and conviction rates for domestic abuse. We have an ambition to drive those up. That is why we are putting more funding and more prioritisation into this area and calling on our agencies, whether it is the police or the Crown Prosecution Service, to really focus on it, because right now we are not doing enough for women and girls.
Alistair Strathern (Hitchin) (Lab)
The tragic reality for many women who suffer domestic abuse and then have to go through family court proceedings on top of it is that the presumption of parental contact provides another opportunity for perpetrators of domestic abuse to prolong it. The Government are rightly reviewing this. Will Ministers ensure that we make the most of this opportunity to better protect women who suffer domestic abuse through the family court system?
Sarah Sackman
My hon. Friend is right to make that point. Our family courts should never become sites of retraumatisation for victims of domestic abuse. We are reviewing the presumption, and when we are ready, we will publish the findings and our policy response to that review.
Charlotte Cane (Ely and East Cambridgeshire) (LD)
The Lord Chancellor and Secretary of State for Justice (Shabana Mahmood)
This Government inherited a record and rising Crown court backlog and prisons on the point of collapse, serving as breeding grounds for crime that create better criminals, not better citizens. The work of restoring safer streets in this country will be long and hard, but we are taking immediate action. Since the last Justice orals, we have increased the number of sitting days in the Crown court by 2,000 this financial year and boosted criminal legal aid by up to £92 million a year to get cases moving through the courts more quickly. We have published a 10-year prison capacity strategy, setting out plans to build 14,000 new prison places to ensure we always have the space to lock up dangerous criminals. We launched the Women’s Justice Board, with one clear goal: to send fewer women to prison. We are doing what it takes to deliver swifter justice for victims and punishment that cuts crime.
Charlotte Cane
Ministers have talked quite a bit today about expanded powers for magistrates courts. Could the Secretary of State tell me what additional funding is being made available and what training there will be for magistrates to assist them with this expanded role?
Shabana Mahmood
The changes in relation to magistrates court sentencing powers were made by the previous Government due to prison capacity issues, and they were working well. We have restored those same powers, so I do not think those issues around training are necessarily engaged. However, we will ensure that legal advisers and the full package of measures that magistrates need to fulfil their obligations are in place.
Peter Swallow (Bracknell) (Lab)
The Parliamentary Under-Secretary of State for Justice (Sir Nicholas Dakin)
It is right that IPP sentences were abolished. Last week, I hosted a roundtable for MPs to discuss their concerns about IPP sentences and share the work the Department is doing. The Prisons Minister in the other place hosted a similar roundtable for peers. We are determined to make further progress towards a safe and sustainable release for those serving IPP sentences, while recognising that at all times public protection is paramount.
Robert Jenrick (Newark) (Con)
Two weeks ago, three grooming gang members were sentenced at Bradford Crown court for the most appalling rapes of children, but they received only six, seven and nine-year sentences respectively—six years, out on licence in four, for the rape of a child. Does the Secretary of State agree that those sentences are disgracefully short, and will she commit to using the sentencing review to mandate full life sentences for these evil people? If she will, she will have our support.
Shabana Mahmood
We have a shared objective in making sure that these evil individuals feel the full force of the law. I will not comment on individual sentencing decisions, and the shadow Lord Chancellor might wish to reflect on that decision; it is not appropriate to do so, given our collective commitment to the independence of the judiciary. However, as I said in response to earlier questions, we will legislate to make grooming an aggravating factor, and this Government will make sure that victims get the justice they deserve.
Robert Jenrick
I have written to the Attorney General asking him to review those sentences as potentially unduly lenient. Two of the men who were sentenced at Bradford Crown court for grooming gang offences were absent. They are thought to have absconded abroad. Can the Justice Secretary confirm how many grooming gang defendants the Government are currently pursuing overseas and what efforts are being made by the Government with, in this case, the Pakistani authorities, using every lever of the British state to locate these evil men and get justice for the victims?
Shabana Mahmood
I will happily write to the right hon. Gentleman with details on the specific case that he raises. He is right to say that we have international agreements and arrangements with other jurisdictions to ensure that offenders can be brought back to face justice in this country. I am sure that those arrangements are being applied appropriately, but I will make sure that he gets a fuller answer on the case that he has raised.
Lloyd Hatton (South Dorset) (Lab)
The Minister of State, Ministry of Justice (Sarah Sackman)
I thank my hon. Friend for his question, and for the campaigning work that he is doing in this area. Journalism is the lifeblood of democracy, and strategic lawsuits against public participation represent an abuse of the legal system; they are used by those with deep pockets to harass and silence journalism. Such behaviour is intolerable. My focus, and the focus of this Government, will be on the implementation of the Economic Crime and Corporate Transparency Act 2023, which introduced an early dismissal mechanism and cost protection for SLAPP defendants.
Richard Tice (Boston and Skegness) (Reform)
Shabana Mahmood
I agree that we need to do everything we can to remove foreign national offenders from our prisons. Between 5 July 2024 and 4 January 2025, 2,580 foreign national offenders were returned—a 23% increase on the same period in the previous year—and we are currently on track to remove more foreign national offenders this year than at any time in recent years.
Andrew Cooper (Mid Cheshire) (Lab)
Humanist marriage has been legal in Scotland for 20 years but continues to wait to be legalised in England and Wales. The Law Commission made recommendations two years ago on clarifying the law, but when asked to set out a timetable for action, the Minister in the other place could only respond, “in the fullness of time.”—[Official Report, House of Lords, 2 December 2024; Vol. 841, c. 910.]
Can the Minister set out the timetable or, alternatively, say when the Government will make an order to end the long wait for humanist marriage?
Sarah Sackman
I understand that humanists have been campaigning for legally binding humanist weddings. The Government are committed to strengthening the rights and protections available, particularly for women in cohabiting couples. We will look at the Law Commission’s work and publish our response in due course.
Richard Foord (Honiton and Sidmouth) (LD)
Sarah Sackman
May I express how sorry I am to hear of the case of the hon. Gentleman’s constituent? I am happy to write to him—he asks quite a specific question—but it is important that we provide support to all sorts of victims. That is why we have the victims code, which strengthens the power of the Victims’ Commissioner, but I will write to the hon. Gentleman on that specific matter.
Jake Richards (Rother Valley) (Lab)
Last week, the Court of Appeal overturned a first-instance decision regarding the anonymity of a judge who presided over the tragic Sara Sharif case in the family courts. I do not expect the Minister to comment on individual cases, and it is certainly not about that individual judge, but will the Government use this opportunity to reaffirm our commitment to open justice and press freedom?
Sarah Sackman
As my hon. Friend rightly says, I cannot comment on that specific case, but we adhere to the principle of open justice and transparency in our legal system. That is why we have the publication of sentencing remarks and transcripts, and the broadcasting of many of our hearings, so that the public can see exactly how justice in this country is administered.
Katie Lam (Weald of Kent) (Con)
Shabana Mahmood
The hon. Lady should know there are robust processes in place in government to manage conflict of interest, which were in place under the previous Administration as well, but this is not something that any Government Minister will be giving a running commentary on.
Andy Slaughter (Hammersmith and Chiswick) (Lab)
We have just witnessed the chair of the Criminal Cases Review Commission being prised out of her job, six months after the Secretary of State described her as
“unable to fulfil her duties”.
When will a new chair be appointed, and will this be accompanied by a wider review of the CCRC, to restore confidence in that damaged organisation?
Sarah Sackman
My hon. Friend is absolutely right to say that we need to restore confidence in the CCRC. That is why we are taking the decision not only to appoint an interim chair to steady the ship but, more importantly, to implement the recommendations of the Henley review so that we can restore confidence in this important institution, particularly in the light of the appalling miscarriage of justice in the case of Andrew Malkinson.
Andrew Rosindell (Romford) (Con)
Shabana Mahmood
The hon. Gentleman raises an important point. We believe that much more can be achieved through the increased use of AI and other digital technology to speed up some of the paper processes that create delays across the criminal justice system. As chair of the Criminal Justice Board, I have asked for a cross-system criminal justice response on this and I will update the House in due course.
Carla Denyer (Bristol Central) (Green)
No doubt we all agree that preventable deaths should be prevented, and tragedies like Hillsborough and Grenfell must not be repeated because we fail to make changes, so what consideration has the Secretary of State given to creating a national oversight mechanism to ensure that lessons are learned from every state-related death?
Shabana Mahmood
The Government will shortly be publishing the Bill that campaigners refer to as the Hillsborough law, which will reflect issues relating to the duty of candour, which this Government are committed to, and I know that campaigners are making representations to the Home Office on the national oversight mechanism that it is currently considering.
David Davis (Goole and Pocklington) (Con)
Can the Secretary of State explain to the House in what circumstances the police and the Crown Prosecution Service are allowed to deny access to evidence, after a trial has concluded, to a defence lawyer who is seeking to appeal, as has happened in the Lucy Letby case and, I believe, in others?
Shabana Mahmood
The right hon. Gentleman will appreciate that, as Justice Secretary, I am not able to interfere in any independent decisions made by the police or the Crown Prosecution Service, but he has made his point and I will ensure that it is dealt with by the appropriate individuals—either the Home Secretary or the head of the CPS.
Nick Timothy (West Suffolk) (Con)
There are serious questions about the transparency of the police, the CPS and the Government in the days and weeks following the Southport attack. In written answers to me, the Government have refused to provide the dates when the Prime Minister was told that Rudakubana possessed ricin and an al-Qaeda training manual. Can the Justice Secretary tell me why?
Shabana Mahmood
The Prime Minister has responded to the other questions that have been raised. The appropriate information was made available at the appropriate time to either the Prime Minister or the Home Secretary. It was right that the Government did not give any commentary that could have collapsed the trial. On the specific charge relating to ricin, that decision required Law Officer approval, which was sought and immediately given.
Mr Will Forster (Woking) (LD)
I know that the Justice Secretary is aware of the tragic case of my constituent Sara Sharif. Will she consider reforming family courts and ending the presumption in favour of parental contact despite the fact that there were safeguarding concerns?
Sarah Sackman
That case of that little girl, Sara Sharif, is one of the most tragic of recent times, and I know that that view is shared right across the House. That is why a safeguarding review is under way to look at all the agencies that were involved and should have been protecting that little girl from those who ended up killing her. We are looking at the presumption: there is a review, and we will consider the findings of that review and publish our response in due course.
Lisa Smart (Hazel Grove) (LD)
My constituent, who is a British citizen and the mother of two young children, faces the prospect of being forced to return to Poland to accompany those children under the Hague convention on the civil aspects of international child abduction, having fled escalating domestic abuse. If she does, her inability to speak the language or work will leave her entirely dependent on her abuser, even though he is barred from contacting her. Will the Minister work with me to ensure that domestic abuse is explicitly recognised as a valid defence against return orders of this type?
Sarah Sackman
I thank the hon. Lady for her question, and I invite her to write to me about that specific case, which sounds like it throws up a very difficult set of factual circumstances that I would like the opportunity to consider.