With your permission, Mr Speaker, I will make a statement on sentencing in England and Wales. As the House will be aware, the independent sentencing review was published today. It was chaired by David Gauke and his panel comprised experts, including a former Lord Chief Justice, and representatives from the police, prisons, probation and victims’ rights organisations. The Government are grateful for the review’s recommendations, and I will ensure that a copy is deposited in the Libraries of both Houses. Today, I will set out our in-principle response.
First, however, it is essential that we set the review in its proper context. A year ago today, the Conservative party called an election. They did so because they were confronted by the prospect of prisons about to collapse. Rather than confront their failure, they chose to hide it and hoodwink the public into re-electing them. It did not work, but their legacy lives on.
Our prisons are, once again, running out of space and it is vital that the implications are understood. If our prisons collapse, courts are forced to suspend trials, the police must halt their arrests, crime goes unpunished, criminals run amok and chaos reigns. We face the breakdown of law and order in this country. It is shameful that, in this day and age, we are confronted by this crisis once more. The reasons are clear. The last Government added just 500 places to our prison estate, while at the same time, sentence lengths rose. As a result, the prison population is now rising by 3,000 each year and we are heading back towards zero capacity. It now falls to this Government to end this cycle of crisis. That starts by building prisons.
Since taking office, we have opened 2,400 places. Last week, I announced an additional £4.7 billion for prison building, putting us on track to hit 14,000 places by 2031, in the largest expansion since the Victorian era. That investment is necessary, but not sufficient. We cannot build our way out of this crisis. Despite building as quickly as we can, demand for places will outstrip supply by 9,500 in early 2028, and that is why I commissioned the sentencing review. Its task was clear: this country must never run out of prison places again. There must always be space for dangerous offenders.
At the same time, the review was tasked with addressing the fact that our prisons too often create better criminals, not better citizens. Instead of cutting crime, they are breeding grounds for it. The reviewers have followed the evidence and example of countries across the world. Today I present an initial response, with further detail to follow once legislation is placed before the House.
Let me start with the report’s central recommendation: the move to a three-part sentence called the earned progression model, which the Government accept in principle. Under the model, an offender will not necessarily leave prison at an automatic point. Instead, their release date will be determined by their behaviour. If they follow prison rules, they will earn earlier release; if they do not, they will be locked up for longer. That echoes the model I witnessed in Texas earlier this year, which cut crime and brought their prison population under control.
Under the new model, offenders serving standard determinate sentences with an automatic release of 40% or 50% will now earn their release. The earliest possible release will be one third, with additional days added for bad behaviour. The review suggests a new maximum of 50%, but for those who behave excessively badly, I will not place an upper limit. For those currently serving standard determinate sentences with an automatic release point of 67%, their earliest possible release will be 50%. Again, for those who behave excessively badly, I will not place an upper limit.
David Gauke also suggests that those serving extended determinate sentences should also earn an earlier release. This we will not accept. Judges give extended sentences to those they consider dangerous, with no Parole Board hearing until two thirds of time served, and I will not change that. I can also confirm that no sentences being served for terror offences will be eligible for earlier release from prison.
In the second part of the progression model, offenders will enter a period of intensive supervision. That will see more offenders tagged and close management from probation. The Government will therefore significantly increase funding: by the final year of the spending review period, an annual £1.6 billion will rise by up to £700 million, allowing us to tag and monitor tens of thousands more offenders. If offenders do not comply with the conditions of their release, the sentencing review has suggested that recall to prison should be capped at 56 days. We have agreed to this policy in principle, though the precise details will be placed before the House when we legislate. In the final stage of the three-part sentence, offenders could still be recalled if a new offence is committed, and I will also ensure that the most serious offenders continue to be subject to strict conditions.
The review also recommends a reduction in short prison sentences. A compelling case for doing so has been proposed in this House many times. In the most recent data, nearly 60% of those receiving a 12-month sentence reoffended within a year. With reoffending rates for community punishment consistently lower, we must ask ourselves whether alternative forms of punishment would make the public safer. It is important, however, to note that the review recommends a reduction in short sentences, not abolition. It is right that judges retain the discretion to hand them down in exceptional circumstances. In considering exceptional circumstances, we will continue to ensure that courts have access to thorough risk assessments for domestic abuse and stalking cases, and breaches of protective orders linked to violence against women and girls will be excluded.
The review also recommends an extension of suspended sentences from two to three years. In this period, the prospect of prison time hangs over an offender should they break any conditions imposed upon them, and we accept that recommendation.
The recommendations set out above will see more community punishment. For that reason, it is essential that it works. The review recommends a series of measures to make community punishment tougher and force offenders to pay back to those they have harmed. We will consider new financial penalties, which could see offenders’ assets seized, even if they are not knowingly linked to crime, and expanded use of punishments such as travel and driving bans that would curtail offenders’ liberty.
We accept a recommendation to expand intensive supervision courts. Those impose tough conditions, including treatment requirements, that tackle the root causes of prolific offending. Offenders are brought before a judge regularly to monitor compliance, and the prospect of prison hangs over them like the sword of Damocles.
However, I believe community punishment must be tougher still. Unpaid work must pay back, so I will shortly bring together business leaders to explore a model whereby offenders work for them, and the salary is paid not to the offender but towards the good of victims. I will also work with local authorities to determine how unpaid work teams could give back to their communities, whether by filling potholes or cleaning up rubbish.
I invited David Gauke to consider cohorts of offenders who this Government believe require particular focus. I welcome his recommendations on female offenders. Approximately two thirds of female offenders receive short sentences. Around the same number are victims of domestic abusers. I am pleased to say that the review’s recommendation on short, deferred and suspended sentences will reduce the number of women in prison.
I asked David Gauke to consider how we tackle foreign national offenders. Today, our deportation rate is ahead of the last Government’s. I welcome the recommendations to make it quicker and easier to deport foreign criminals. Under the existing scheme, they are sent back to their country of origin after serving 50% of the custodial sentence. We will bring that down to 30%. We will also conduct further work with the Home Office on how we can deport foreign prisoners serving less than three years as soon as possible after their sentencing.
I also asked the review to consider how we manage sex offenders. The review has recommended we continue a pilot of so-called medication to manage problematic sexual arousal. I will go further, with a national roll-out beginning in two regions, covering 20 prisons. I am exploring whether mandating the approach is possible. Of course, it is vital that this approach is taken alongside psychological interventions that target other causes of offending, such as asserting power and control.
When discussing sentencing, it is too easy to focus on how we punish offenders when we should talk more about victims. Everything I am announcing today is in pursuit of a justice system that serves victims. If our prisons collapse, it is victims who pay the price. By cutting reoffending, we will have fewer victims in future, but there is more we must do to support victims today. The review recommends a number of important measures, including better identifying domestic abusers at sentencing, so that we can monitor and manage them more effectively. I pay tribute to those who have campaigned on this, particularly the hon. Member for Eastbourne (Josh Babarinde). I also welcome the recommendation to expand the use of specialist domestic abuse courts, where trained staff support victims. To improve transparency in the system, we will extend a pilot of free sentencing transcripts for victims of rape and serious sexual offences.
I want to go further than the review recommends to better support victims. Exclusion zones are an important tool, preventing offenders from entering areas their victims might be in, but these place greater limits on victims than on offenders. I want to change that, locking offenders down to specific locations so that victims know they are safe wherever else they want to go.
This review sets out major reform. I know its recommendations will not be welcomed by all. By appointing David Gauke, a former Conservative Lord Chancellor, I hoped to show that two politicians from different traditions can agree on the reforms our justice system requires. I do not expect Conservative Members to join me to solve this crisis. In fact, I can hear their soundbites already. “Just build faster,” they will say. Well, we are building faster than they did: we have already added 2,400 places, and we are now investing £4.7 billion more. “Just deport more foreign criminals,” they will say. Well, we are ahead of where they were, and today we have accepted major reform to go further and faster. “Clear the courts backlog,” they will say despite having created it themselves. Well, we are investing more in our courts than they ever did, and we are ready to embrace once-in-a-generation reform to deliver swifter justice for victims.
While we are doing more on each of these areas than they ever did, these are not solutions that rise to the scale of the crisis that they left behind. We must build prisons on an historic scale, deport foreign national offenders faster than ever, and speed up our courts; and yet still, despite all that, we must reform sentencing too. So, more in hope than expectation, and despite, not because of, experience, by appealing to the better angels of their nature—if they have any—I end by inviting those opposite to help us fix the crisis that they left behind. I commend this statement to the House.
Of course, Mr Speaker.
The Ministry of Justice’s own pilot scheme found that 71% of tagged offenders breached their curfew. When it comes to stopping reoffending, tags are about as useful as smoke alarms are at putting out bonfires. What is the Justice Secretary going to say when she meets the victims of offenders that she let off? How is she going to look them in the eye and say with a straight face, “I’m sorry—we are looking into how this criminal escaped from their digital prison cell.” Her reforms are a recipe for carnage.
I urge the Justice Secretary to change course and to make different choices—yes, choices—from the ones that we knew the Government would make from the day that the Prime Minister hand-picked Lord Timpson as Minister of State for Prisons, Probation and Reducing Reoffending, a man who is on record as saying that
“a lot of people in prison…shouldn’t be there”—
two thirds of them in fact, he said—
“and they are there for far too long”.
The Labour party is clearly ideologically opposed to prison and that is why the Government are letting criminals off with a “get out of jail free” card, rather than deporting the 10,800 foreign national offenders in our prisons—one in every eight cells—a figure that is rising under the Justice Secretary’s watch. If she is actually serious about keeping violent criminals off our streets and finding the cells that are needed, will she bring forward legislation, tomorrow, and disapply the Human Rights Act 1998, which is stopping us from swiftly deporting foreign national offenders?
Some 17,800 prisoners are on remand awaiting trial—another figure that has risen under the Justice Secretary. In fact, her own Department’s figures forecast that it could rise to as many as 23,600. If she is serious, will she commit to taking up the Lady Chief Justice’s request for extra court sitting days to hear those cases and free up prison spaces? Will she commit, here and now, to building more than the meagre 250 rapid deployment cells her prison capacity strategy says she is planning to build this year? They have been built in seven months before, and they can be built even faster.
If the Justice Secretary were serious, she would commit to striking deals with the 14 European countries with spare prison capacity, renting their cells from them at an affordable price, as Denmark is doing with Kosovo. Between 1993 and 1996, her beloved Texas, the state on which she modelled these reforms—a state that, by the way, has an incarceration rate five times higher than that of the United Kingdom—built 75,000 extra cells. If the Government were serious, why can they not build 10,000 over a similar time period?
Labour is not serious about keeping hyper-prolific offenders behind bars. In fact, there is nothing in the Justice Secretary’s statement on locking them up or cutting crime, because the Labour party does not believe in punishing criminals and it does not really believe in prison. The radical, terrible changes made today are cloaked in necessity, but their root is Labour’s ideology. It is the public who will be paying the price for her weakness.
The shadow Secretary of State talks about serious Government—if the Government that he was a part of had ever been serious, they would have built more than 500 prison places in 14 years in office—[Interruption.] He is a new convert to the prison-building cause. He and his party have never stood up in this Chamber and apologised for adding only 500 places—
Order. I want the same respect from Members on the Opposition Front Bench. [Interruption.] Do we understand each other?
Mr Speaker, if I were waiting for respect from Opposition Members, I would be waiting for a long time, so it is a good job that I do not need it.
The shadow Secretary of State talks about “iron bars”, but he was part of a Government that did not build the prison places that this country needs. Unlike him, I take responsibility, and it has fallen to me to clean up the mess that he and his party left behind. In case there is any confusion, let me spell out what happens when he and his party leave our prison system on the brink of collapse, which is exactly what they did, and set out the prospect that faced me on day one, when I walked into the Justice Department. When prisons are on the verge of collapse, we basically have only two choices left at our disposal: either we shut the front door, or we have to open the back door. The right hon. Gentleman’s party knew that that was the situation it was confronted with, but did it make any decisions? No, it just decided to call an election instead and did a runner.
The public put the Conservatives in their current position. If they ever want to get out of that position, I suggest that they start by reckoning with the reality of their own track record in office. In any other reality, they should have started already with an apology. Conservative Members have had many chances to apologise to the country for leaving our prisons on the point of absolute collapse, but they have never taken them. Frankly, that tells us everything that anyone needs to know about the modern Conservative party.
I welcome the report and the Government’s response. It is a comprehensive and measured response to the prisons crisis, as one would expect from David Gauke, in contrast with the hysterical nonsense that we have heard from the Opposition today. I particularly welcome the additional resources for probation and electronic monitoring to enable robust punishment and control in the community as an alternative to custody, but even the aggregate effect of the measures in the report will only stabilise the prison population over the longer term. Does my right hon. Friend agree that we also need effective rehabilitation to end the cycle of reoffending if we are to see a fall in historically high prison numbers?
Let me be clear: we will be adding prison places to the estate, and we will be filling them up. The prison population will rise year on year by the end of this Parliament, but my hon. Friend is right that the measures we have announced today stabilise the prison population. As a whole country, we will have to do better at ensuring that our prisons are churning out better citizens, rather than better criminals. When we know that 80% of offenders are reoffenders, there is clearly much work to be done in this area.
The right hon. Gentleman says that this Government want to let domestic abusers out early. He fails to remember that the end-of-custody supervised licence scheme under the Conservative Government from October to June last year released 10,083 offenders early, with no exclusions for domestic abusers. Does the Secretary of State agree it is critical that this Government provide more support for domestic abuse victims from the likes of their abusers in a way that the last Government failed to do on their watch?
I thank the hon. Member for his remarks. I would accept nothing less than holding us fully to account for these changes, and I look forward to working collaboratively where possible on these measures as we move forward. I pay tribute to him, his family and his mum for the campaigning that they have done on the identification of cases arising from domestic abuse being flagged properly within our justice system.
The new identifier will develop over time, and I am sure that it will inform future policy decisions made by Governments of all stripes, but it is an important starting point. We are very happy to accept the recommendation, and we will move at pace to ensure that we deliver it.
Cases under Clare’s law will be covered by the new measure. As for more support for victims of domestic abuse, we are very keen to take forward the review’s recommendation on the specialist courts, because we think they will have a particularly important role to play. As I said in my statement, we will ensure that the measures relating to the presumption against short sentences contain an exclusion for breaches of orders, which we know is a matter of particular concern for victims of domestic abuse. I will engage with Members across the House on where we can make further progress.
Before I put my question to my right hon. Friend, may I give the shadow Justice Secretary a reality check? Under the previous Government, 98% of reported rape cases went completely unpunished. Under the Conservative Government, rape was effectively legalised, so a little bit of humility would not go amiss.
One in five adults in this country will experience domestic abuse in their lifetime. Could my right hon. Friend please explain how domestic abuse victims will be protected under these new measures?
I will repeat the point I have made to the hon. Member for Eastbourne (Josh Babarinde). We know that there is a particular concern about what the presumption against short sentences might have meant for breaches of protective orders, and we know that issue is of real concern for domestic abuse victims. We want to ensure that those orders are not rendered useless because those who breach them are not seeing any prison time at all. The specific circumstances surrounding this type of violence against women need a very specific response, which is why we have already said that we will make that exclusion, and I will work with Members across the House to identify where we can make further progress.
I welcome what the Secretary of State has said about female offenders, but I would like to know a little bit more. Hope Street in Hampshire, which offers residential alternatives to custody for women, has seen remarkable results, and of course it prevents those women from being separated from their children, which would otherwise drive the intergenerational cycle of offending behaviour, trauma and cost to society. Do these proposals include any plans to set up more such facilities across the rest of the country?
The hon. Lady raises an important point. The combination of the measures that we are accepting from the review will mean that we will see a huge reduction in the number of women going to prison. Approximately two thirds go in for sentences of less than one year and, as the hon. Lady knows, many of those women are themselves victims of domestic abuse. In future, we expect the numbers to drop very significantly, and I know we will make progress in that regard. I have set out an ambition to see fewer women prisoners and, ultimately, to have fewer women’s prisons.
Turning to residential alternatives to custody, the hon. Lady will know that I have set up the Women’s Justice Board. It is well represented, including by those who have personal experience of Hope Street, and we will work with the Women’s Justice Board as we roll out further changes to the female estate.
Despite what the shadow Justice Secretary has said about this scheme putting domestic abusers and rapists out on the streets, can the Justice Secretary cut through the rhetoric and fearmongering from the Opposition and be clear that she has put the victims of sexual and domestic abuse at the heart of these measures? Can she confirm that they will be protected, and that those abusers and perpetrators will not benefit from the early release scheme?
All dangerous offenders—those who receive an extended determinate sentence, including some of the serious offenders to which my hon. Friend has referred—will be excluded from this scheme. All other offenders receiving a standard determinate sentence will be within the earned progression model, but they will have to earn an early release. That is why we are ensuring that there is an uplift in probation funding, to ensure that all those individuals are intensively supervised in the middle stage of their sentence. The worst thing that could happen for every type of victim in this country, and in fact for every citizen, would be for us to run out of prison places altogether. We are in this position because of the mess that the previous Government left behind, and it falls to us to fix it.
Notwithstanding the predictable nonsense from the shadow Leader of the Opposition, the right hon. Member for Newark (Robert Jenrick), it is critical that we focus on the needs of the victim. I welcome the Lord Chancellor making that point in her statement, but we need more than fine words. Can she please commit to giving all victims of crime proper access to restorative justice?
Restorative justice has an important role to play in our justice system, so where it is appropriate and where it can make a difference, we will ensure that it is available. But I want to ensure that victims of crime have other confidence-inducing measures at their disposal, which is why I want to look at exclusion zones in particular, and it is why we want to do the domestic abuse identifier, so that we can track systems, learn from the cases that are going through and make better policy for victims.
I am amazed by the gall of the Conservatives, who left our prisons in utter crisis, failing victims. I thank the Lord Chancellor for her work. Five years ago, my constituent Diane had her world changed when her husband was killed by a driver who was on her phone. Not only did the driver do that, but the first call the driver made was not to 999, but to her sister. When the driver is released from prison, she will have a four-year driving ban, but Diane and her family have had their lives devastated forever. Can the Minister set out that, as we take this necessary action to fix our bursting prison system, we will make use of lengthy restrictions and lifetime driving bans for those who cause death by dangerous driving?
I am sorry to hear of the case of my hon. Friend’s constituent; those are truly horrible circumstances for any family to find themselves in. I can assure her that we will be rigorously pursuing the recommendations in the Gauke review relating to ancillary orders, which are other orders that we can make that curtail an offender’s liberty, including lengthier driving bans, which I am considering bringing forward.
Public confidence in the criminal justice system—and, importantly, the confidence of victims—is paramount. Since 2010, the use of community-based orders has decreased by 61%. That is in no small part because of concerns about offender engagement in the process. If the Government are going to pursue this route, what steps has the Lord Chancellor taken to model how many will reoffend and, more importantly, that they will be rigorously reinforced?
That issue is why already today I have announced measures to toughen up community punishment, and we will be going further in some areas than even the review recommends. I absolutely agree that community punishment has to maintain the confidence of the public. Like all other Members, I am a constituency Member of Parliament, and I want my constituents to be able to see community punishment as real punishment. It is on us to make sure that it is worthy of that name. That is why I am considering going further on unpaid work, working with businesses to see whether salaries could be paid into a victims fund. That might be one model. I want to see offenders filling potholes and cleaning our streets, and I will be working with local authorities to ensure that we go as far as we can, but I assure the hon. Gentleman that this Government are committed to toughening up community punishment and making sure that it maintains the confidence of the public.
I am grateful to the Lord Chancellor for her statement and for commissioning the sentencing review. Does she agree that this Government are now taking action, whereas this time last year, rather than sorting out the prison crisis—when we had fewer than 90 spaces, with a prison population of 90,000—the Conservatives called a general election instead? Does she also agree that the present proposals will ensure that dangerous offenders will be locked up and will enable us to rehabilitate others and stop reoffending, which costs us £22 billion a year?
My hon. Friend is right. This time last year, the Conservatives had a chance to put the country first. Instead, they called an election and tried to put themselves first. They did a runner on the job, and it falls to us to clean up their mess. This Government will clean up their mess, and we will get our prison system on to a sustainable footing so that there is always a prison place. There will be more prison places under this Government, and we will make sure that there is always a prison place for the most dangerous offenders. That is why we are taking all the other measures that we need to take to ensure that we never run out of prison places again.
Respect for justice is diminished by the fiction of the judge announcing a sentence and those in the know then calculating on the back of a fag packet the fraction that it actually represents. Has this statement not reinforced that system with bells on?
I am sorry to have to break it to the right hon. Gentleman, but he will be horrified to discover that he agrees with David Gauke on this one. The independent reviewer has pointed out that transparency will be paramount to maintaining confidence in the justice system, and we will make sure that we take the transparency measures forward.
With the National Police Chiefs’ Council having declared violence against women and girls a national emergency, it is right that we explore radical methods to bring down the scale of offending in our communities. We know that most sexual offending is not about sex at all, but about power. However, for the subset of convicts whose offending is driven by sexual compulsion, chemical castration could be an option. Is there estimate data on how many future offences that could prevent? By definition, it would only be for those who have already offended. As I am not aware of a method of permanent chemical castration, is there capacity in the Probation Service to monitor ongoing compliance with treatment?
Studies show a 60% reduction in offending. My hon. Friend is right to say that, for one subset of offenders, offending relates to power. For another subset of offenders, we believe that a combination of chemical suppressants and psychological interventions can have a big and positive impact. A pilot has been trundling along for many years, and nobody has shown much interest in it, including any of my predecessors—Tory Justice Secretaries just let it carry on. I am not willing to do that, and I am not squeamish about taking further measures. We are going to have a national roll-out of this programme, and I will ensure that is what happens. I am expanding it to two further regions, including for prisoners in 20 further prisons, so that we can build the evidence base and make sure that we are using every tool at our disposal to cut reoffending.
I welcome the Government’s commitment to extending the pilot scheme to give free sentencing transcripts for rape and serious sexual offences—something for which I have long campaigned. I am sorry that the Victims Minister, the hon. Member for Pontypridd (Alex Davies-Jones), has just left the Chamber, because I wanted to pay tribute to her for all her work on this issue. I also pay tribute to the victims, survivors and campaigners, and particularly my own constituent Juliana Terlizzi, for their bravery and advocacy on this issue. I look forward to continuing to work with the Minister on this issue. Can the Lord Chancellor tell us what measures will be taken to ensure that victims know about the scheme, and that they understand their right to request a transcript of the sentencing remarks? I know that the pilot has shown how much that contributes to their recovery and their welfare after sentencing.
I pay tribute to the hon. Lady for her work in this area, and I will pass on her remarks to the Victims Minister. I also pay tribute to her constituent. It is very difficult to raise these issues and talk about them openly, and her constituent has shown real bravery in coming forward and explaining why the scheme would have made a difference to her own recovery.
I am very pleased to extend the pilot scheme. We will learn the lessons about how the first pilot scheme worked in the first year, and if we need to do more on publicising what the scheme can do and its availability, we will do so. The hon. Lady will know that I want to make further progress on using AI technology to make transcripts more widely available, because I believe in a transparent justice system. I do not believe that we are very far away from having tech that is accurate enough to be a matter of court record, but we are not quite there yet. It is something we continue to work on.
In my 21 years as a Crown prosecutor, I prosecuted many, many cases, but I prosecuted far fewer individuals. That is because 80% of offenders are reoffenders, so I saw the same defendants time and again. The current system does not work. Does the Lord Chancellor agree that the new approach will reduce reoffending, cut crime and lead to fewer victims?
My hon. Friend is absolutely right to remind the House that 80% of offenders in our country are reoffenders, which tells us that our system is broken. It tells us that our prisons are creating better criminals, not better citizens, and this is something we absolutely have to turn around if we are to protect victims and cut crime.
The Lord Chancellor will know that for a very long time in this country, the prejudices of the establishment, poisoned by liberal thinking, have been at odds with the preoccupations of the vast majority of law-abiding people. Will she acknowledge now that the principal purpose of prison is retributive? It has other purposes, too, but its principal purpose is punishment. In that spirit, will she confirm when she will bring forward the further legislation on sentencing that she promised? Given what she has announced today, will she also confirm that violent sexual offenders will be excluded from early release?
I have no truck with anyone else’s prejudices and they certainly do not decide what I do in office. I believe in prison. This Government are going to build more prison places, and we will fill them. I believe in prison for the reasons of punishment, primarily; I agree with the right hon. Gentleman on that. I will not let this country run out of prison places, because I know what will happen if we do. I am not willing to put anyone through the breakdown of law and order in our country—I am not willing to take that risk. It means that harder choices are in front of me and this House as we get ourselves out of this crisis, and I am making those choices today.
I will work at pace to bring forward legislation at the earliest opportunity, so that the House can consider the proposals in full. Those on extended determinate sentences —the most dangerous offenders, as judged by a judge in a court—will be excluded from these measures. For all other offenders, earlier release will have to be earned, and there will be intensive supervision afterwards. That is the earned progression model, and I am sure we will debate it at length in the weeks and months ahead.
There is no place in our country for foreign offenders who pose a serious risk to the public. This Government are already returning more foreign national offenders than the Conservatives did when they were in power. Does the Minister agree that the Tories are clearly all talk and no action?
My hon. Friend puts it very well, and he is absolutely right. We have made more progress on the deportation of foreign national offenders than the previous Government and we will go further. We accept the review’s recommendations on reducing the threshold for early removal from 50% to 30%. For offenders who get less than three years in prison, we will work with the Home Office on proposals to move to immediate deportation.
The national average reoffending rate for people who have done a short-term sentence is 54%. Among those who graduate from a prisoner rehabilitation programme in my constituency, the average reoffending rate is just 6%—and the programme is still in touch with every single graduate, after operating for 10 years. In the spirit of trying to reduce the prison population, does the Lord Chancellor agree that such rehabilitation programmes are absolutely crucial and that investing in rehabilitation not only keeps people safe in the community because it reduces the reoffending rate, but helps the mission to free up prison places for the dangerous criminals who absolutely need to be there?
The hon. Lady makes a good point. I pay tribute to the work that is going on in her constituency. As I have said before, 80% of offenders in this country are reoffenders. That tells us how broken our system is, and how imperative it is that we sort it out.
I welcome my right hon. Friend’s statement. Reoffending is costing us £22 billion a year, and 80% of offenders are reoffenders. Does my right hon. Friend agree that we need to bring that figure down? What is she intending to do to prevent people from reoffending at such high rates?
One of the problems of running a prison system at absolutely boiling hot—where it is permanently on the point of collapse, as has been the case in our prison system for far too long now—is that we are not able to make much progress in the prison estate on the programmes that offenders need to access to begin a rehabilitation journey. Part of our proposals, which are designed to relieve the stress in our prison system, will help with rehabilitation within the prison estate.
We are also absolutely determined to make more progress on rehabilitation outside the prison estate, which is why we are toughening up community punishment. We know that that works, and we know that the country can have confidence in such punishment. We will be working with our colleagues in the Department of Health and Social Care to think about the availability of drug and alcohol treatment. We will expand the use of sobriety tags, which are already helping offenders to come off the drink that often fuels their offending. I have asked some tech companies to look at further technological innovation that can help us in this space. The holy grail would be a drugs tag, which could make a huge difference in reducing reoffending in our country. We will continue to press ahead and work as quickly as we can to find further technological solutions.
Crimes against children are among the worst crimes humanity can commit. There is relatively little, if anything at all, about offences against children in this review. Could the Lord Chancellor confirm that those who have abused children will not be allowed out early?
All those who have received an extended determinate sentence—and that includes many of the offenders mentioned by the hon. Lady—are excluded from these measures. All other offenders would have to earn an earlier release by proving that they have behaved properly in prison and not broken prison rules; the minimum for them is set at one third of the sentence, but it can be higher. As I have said, for those who egregiously offend, we will set no upper limit.
We heard this morning that probation services in Nottinghamshire have been rated inadequate following visits by inspectors. They have been judged as understaffed, with urgent improvements needed. I therefore welcome the £700 million increase for probation services, but can I ask the Lord Chancellor what other steps can be taken to drive up probation standards in constituencies like mine?
I am very grateful to my hon. Friend for raising issues relating to the Probation Service. We have already expanded the number of staff. Last year, we recruited 1,000 extra, and this year we are on track to hit our target of 1,300 extra staff. Increasing resource—first and foremost with more staff—is a clear priority for us. We are investing in technology to help the Probation Service to be more productive. We have already funded programmes and pilots on AI tech designed to decrease the amount of file work that probation officers have to do to allow them to have more time to do the things that only a human can do: to spend time with the offender in front of them, to come up with a proper plan to reduce their reoffending and therefore to keep the public safe.
I very much welcome the Lord Chancellor’s statement, and I know that victims and survivors of domestic abuse and sexual violence in my constituency will do so as well. I thank her and her ministerial colleagues for their cross-party working, including with my hon. Friends the Members for Eastbourne (Josh Babarinde) and for Twickenham (Munira Wilson).
On the domestic abuse recommendations and the application of domestic abuse at sentencing, will the Lord Chancellor consider whether it is possible to tag those offences retrospectively, as well as at sentencing? Also, I welcome her remarks about transcripts and transparency. In the light of the pilot on transcripts for sexual violence and rape cases, will she consider including in that pilot the entire transcript, not just the transcript of sentencing?
On tagging retrospectively, I will certainly go away and have a look at that point. I suspect, although I do not want to mislead the hon. Member or the House, that a retrospective trawl of all cases—including common assault, which is where we see most domestic abuse cases land for a charge and a criminal case—may be beyond where we can get with the data available to us and the time it would take. However, going forward we will try to capture exactly those cases—not only domestic abuse-connected offences, but other offences such as common assault, which we know have taken place in a domestic abuse context—so that they are all flagged and proper data is kept.
On transcripts, sentencing remarks are currently available for other victims, such as in murder cases and so on, and that will be extended to victims of rape and serious sexual violence. To repeat a point I made earlier, I believe in a transparent justice system. I would like to be in the position of using AI technology to make not just sentencing remarks available. We are thinking about making broadly what happens in courts and such transcripts more widely available. What inhibits us is cost, and we are trying to take out that cost by looking at AI models, but we cannot proceed with anything unless we are absolutely certain about its accuracy because, as I am sure the hon. Member appreciates, a document purporting to be a record of what was said in court needs to be bang on.
I welcome the fact that this Government are getting on with building the largest prison expansion programme since the Victorians. That is a Labour Government in action, fixing the Tory prison crisis once and for all. Can I ask the Secretary of State to learn from the SNP Scottish Government’s abject failure with the new Barlinnie prison project in Glasgow? It has been delayed again, and now will not be ready until 2028, which is nine years late. The cost has soared from £100 million to a staggering £1 billion for one prison. Will we learn lessons from the SNP failure?
I thank my hon. Friend for his question. Let me tell him that we have already learned the lessons of the Tory party’s failure, and I am very sorry to hear about the situation he describes in Scotland. The Conservatives’ failure on prison building stemmed from two things: they could not get it past their own Back Benchers, so the planning delays added billions to the cost of prison place expansion; and they did not make certain and available the amount needed to stimulate funding at the rate required. We have reversed both those things: we have made £4.7 billion available and we have made it very clear that planning will not get in the way of prison building.
Several years ago, when I was a magistrate in Westminster and my father was a magistrate in north Wiltshire, we lamented a great deal about the fact that when we put people in prison, we found that there was a whole list of antecedents every time and that this recurred all the time. Could the Secretary of State tell the House what assurances she can give us about prison education, rehabilitation programmes and regular work programmes so that we avoid the pattern of prescribing—with good intentions—solutions that do not work, cost a lot of money and leave the public pretty dissatisfied with the justice system?
I pay tribute to the right hon. Member, his father and magistrates all over our country. They do an incredibly valuable job of keeping our justice system going. In fact, magistrates deal with 90% of all criminal cases.
The right hon. Member is referring to prolific offending: the people who keep coming back, cycling in and out of the system. The review recommends that we switch to a model of intensive supervision courts, where a judge is in charge of making sure that a treatment programme is adhered to. We will take that forward, and I will set out more proposals when we bring forward the legislation. The early pilots—which, in fairness, were started under the previous Government—have shown very positive progress in helping those offenders to turn their lives around and break the cycle of addiction or mental health problems that often leads to prolific offending. We will build on that work.
What does the Secretary of State make of the extraordinary admission by the former Lord Chancellor last year that the previous Government chose not to take action on the prison crisis because
“you have to win votes”?
Fortunately, the Conservatives did not win any votes in Margate, Broadstairs and Ramsgate, which is why I stand here today to say that neighbourhoods in East Thanet are blighted by drug dealing, theft, burglary, sex trafficking and antisocial behaviour, which ebbs and flows according to whether the main criminals, organisers, pimps, co-ordinators and dealers are in or out of prison, causing mayhem. Does she agree with me that the shortage of prison cells, because of the Conservative party, and the lack of alternative punishments, because of the Conservative party, have contributed to that situation, which blights the lives of those in our communities?
My hon. Friend makes an incredibly powerful point and she is absolutely right. When we have a prison system on the point of collapse, it is not as if the criminals do not know that that is happening. That is why it is imperative that we get our system under control and ensure there is always a prison place available for those who have to be locked up to keep the public safe. Her point about winning votes shows the approach taken by the previous Government: they put themselves first, not the country first.
On behalf of the justice unions parliamentary group, I welcome the independent review’s recognition of probation officers and join the call from the National Association of Probation Officers for extra direct investment in staff now. Stable accommodation on release is also key to offender rehabilitation. There are presently no approved premises for women in Wales and women centres struggle for funding, so how will the Justice Secretary improve rehabilitation and life chances for Welsh women in the criminal justice system?
I very much hope that the position for Welsh women will be the same as for women in England, which is that we see a huge reduction in the number of women in Wales and England entering the female prison estate. That is because the combination of the measures David Gauke recommends, in particular on short sentences, will mean that fewer women go to prison. I will, of course, work with colleagues across Wales to look at what more we can do on accommodation provision. I know that there is no specific centre in Wales—the right hon. Lady and I have discussed that previously. It was a promise made by the previous Government without any funding attached to it, so I was not able to make decisions when I first came into office that could reverse that, but we will work with the Women’s Justice Board and others to ensure that the offer for women who are now no longer going to prison is still strong and helps them on their rehabilitation journey.
This is a day of shame for the Conservative party. One of their own has laid bare the scale of its failure, leaving us with nowhere to put the prisoners. Conservatives used to call themselves the party of law and order. Take it from this former police inspector: they lost that label long ago and they are never getting it back. Moving forward, the criminal justice system is just that—a system. Decisions taken on policing, courts, probation and prisons all affect one another, so will the Lord Chancellor assure me that the implications for policing and the enforcement of sentences are being taken into account when we roll out the changes?
My hon. Friend is absolutely right: it is a day of shame for the Conservative party. I am sorry to see that the attitude of Conservative Members today is shameless. He makes a very important point on policing. I have had a good conversation with police leaders. I am determined to use the national Criminal Justice Board to ensure that every part of the criminal justice system is aligned and that we take into account all the interactions—based on this review, and on the upcoming criminal courts review—and think about the impact they have not just on the bit of the justice system I am directly responsible for, but on the wider criminal justice system, including policing as a whole.
May I first say to the Lord Chancellor that I have huge personal respect for her? I may disagree with some—some, by the way, not all—of what she has announced today, but I would like to put that on the record. She mentions female offending. She will know that there are six mother and baby units in female prisons in England. There were 90 applications for the last period we know about, up to March 2024, with 64 places for mothers and 70 places for babies, allowing for twins. Clearly, there are not enough places. Has she considered as part of this review, when there is not serious and violent offending by female prisoners, getting more of those mothers and babies into the community, rather than having them in prison?
Let me thank the right hon. Gentleman for his remarks of personal respect, which are shared across this House. I thank him for that and for the important issue he raises. I hope to move to a position where the combined impact of the changes in the review and the work we are doing with the Women’s Justice Board mean that we see a huge drop in the number of female prisoners. I am particularly keen to ensure that pregnant women and mothers of young children are not anywhere near our female prison estate in future. Of course, for serious offenders we will always need to make sure that prison is an option, but the vast majority of women go to prison on short sentences for much less serious offences and we need to turn that around.
Under the last Conservative Government, the number of foreign criminals in our prisons rose to the tens of thousands, shamefully. Will the Lord Chancellor outline for my constituents what we are doing to deport those foreign criminals from our prisons as quickly as possible to free up vital prison spaces?
My hon. Friend is absolutely right. We are deporting at a faster rate than the previous Government. We have accepted the review’s recommendation to drop the threshold for early removal from this country from 50% of the custodial sentence to 30%. We will urgently work up a plan, with the Home Office, for those who are sentenced to less than three years to be deported as quickly as possible after sentencing.
In her statement, the Lord Chancellor said that under her earned progression plans, if offenders follow prison rules they will win earlier release. The review says that thousands of offenders will benefit from that. Can she explain to my constituents why simply following the rules means that serious offenders will serve only a third of their sentence? Where is the punishment and where are victims’ interests in that approach?
The hon. Gentleman will know that the track record of his party in government was to run prisons boiling hot, with violence off the charts. The shadow Justice Secretary has been showing a huge amount of concern for prison officers and the violence they face in our prisons. I would have hoped that the Conservative party might welcome some incentivisation in our prison system to make sure we can run safer prisons and keep our prison officers safe. Making sure that people follow the rules, and that that is how they can earn an earlier release, means that those who break the rules will serve longer in prison.
I thank my right hon. Friend for her statement and her razor-like focus on fixing the broken justice and prison system this Government inherited. May I welcome the £700 million to help rebuild probation services and ask a question on rehabilitation and making community punishment pay? I think many people in my constituency will welcome a focus on community punishment being used to do jobs such as fixing potholes and rebuilding services that are needed locally. Equally, I want community punishment to pay by breaking the cycle of reoffending. Can she tell us more about how this programme will get businesses and apprenticeships into prisons, and give young offenders a way out of that cycle, so that we stop them being in prison for a second and third time?
My hon. Friend raises a really important point. This is why the Government have already rolled out employment work councils, where prisons link up with employers in their region and try to make sure that there are jobs and training available for offenders on leaving prison. We know that the ability to work is a really important part of driving down reoffending. That is a priority for this Government. Of course, unpaid work is a very visible way for offenders to make reparations to the communities they have harmed. In our eyes, that is the primary focus of it, but the discipline of doing that work can help offenders who are far away from the world of work to get closer to it.
The Government’s plans lay out an expectation that they will be able to manage ex-offenders in the community under intensive supervision. A probation officer in my constituency recently told me that she was told off by her bosses for spending too long with offenders when she was booking just 15-minute appointments. Can the Lord Chancellor tell me when the promised investment will actually reach frontline probation services, and can she guarantee it will be enough to ensure public safety and reduce reoffending?
Let me reassure the hon. Lady that this is a huge uplift in funding for probation. It is a £1.6 billion budget as it stands, and it will increase by up to £700 million by the end of the spending review period. We have already invested in piloting AI and other technology designed to improve productivity, where AI can complete much of the paperwork that a lot of probation officers spend far too much of their time on, often repeating the same information in different documents. That shows huge promise. We will roll that out at pace to give probation officers more time with the offenders in front of them, doing the thing that only a human can do, which is to get to grips with what is driving that offender’s behaviour and have a plan to tackle it, including by accessing treatment programmes and other things in the community. We are determined to make sure that the Probation Service can rise to the scale of the challenge. The funding will help with that, as will our investment in that technology.
Location and curfew restrictions using electronic tagging to stop hyper-prolific offenders going anywhere near a place where they could reoffend; a requirement to engage in mental health, drug and alcohol treatment, including the use of sobriety tags to address the cause of criminality; putting offenders back to work cleaning up the communities they have harmed; chemical castration for sex offenders; the speeding up of foreign deportations; and the largest prison expansion ever—does the Lord Chancellor agree that this is about putting victims and the public first?
My hon. Friend is absolutely right. This Government are determined to clean up the mess left by the previous Conservative Government and to put victims first, cut crime and make our communities safer.
Under the yoke of the SNP, Scotland already has a presumption against short sentences, and now the new Scottish commission looking at sentencing and penal policy has been accused of being packed with activists determined to keep criminals out of jail. Why is the Lord Chancellor in Westminster following this lead and failing to put victims at the heart of the justice system?
What absolute rubbish, I am sorry to say. I am not taking any lessons from the hon. Gentleman or the SNP. This is a programme for England and Wales, for which I am directly responsible, and we are going to make it work.
When a previous Government fail to take responsibility for the crisis they have caused, they deserve a life sentence on the Opposition Benches. I welcome the construction of a new wing at Ranby prison in my constituency by Worksop-based Laing O’Rourke, a specialist in modern methods of construction that is involved in many other construction projects across the country. If the Minister is seeking more sites for new prisons, could I propose the Crown-owned land across the road from HMP Ranby? We would very much welcome a new prison there.
I shall take my hon. Friend’s early bid for further building in her constituency under advisement immediately.
Under these proposals, foreign criminals will be deported after serving 30% of their sentence, which I appreciate is an improvement. The public want them to be deported right away—does the Lord Chancellor?
The review recommends immediate deportation—meaning “as quickly as possible”, because we still have to detain people before we can get them on a plane and back to their country of origin—for sentences of under three years. We are going to work up proposals on that with the Home Office. For more serious offenders with sentences of over three years, we are going to bring the threshold down from 50% to 30%.
I thank the Lord Chancellor for her statement today, which is a sensible response to the overincarceration and prison places crisis. Can she assure my constituents that notwithstanding these changes, under-reported and under-prosecuted crimes, such as violence against women and girls, will continue to be prioritised by this Government?
This Government will make sure we are running a prison system that is sustainable and not on the point of collapse, so that we can ensure that dangerous offenders in this country are still locked up. We will make progress on our broader mission to halve the level of violence against women and girls over 10 years.
I welcome the Lord Chancellor’s statement and the work that David Gauke has done to inform everything that is happening today. As a member of the Justice Committee, I look forward to seeing him before us shortly. I seek clarity on what the Lord Chancellor referred to as the
“so-called medication to manage problematic sexual arousal”.
Will she place the available research and conclusions in the Library so that we all have access to the information and can understand the data on which she and David Gauke have relied?
I am happy to ensure that the evidence is available. I would say to the hon. Lady that the very small-scale pilot that I inherited had been running for some time without anybody paying a huge amount of attention to it, and the evidence from other jurisdictions where it has been rolled out a bit more widely is stronger. Our roll-out—I want to get to a national roll-out—will start with two extra regions and 20 more prisons, and we will build the evidence base there. We want measures that work, and I do believe that the combination of chemical suppressants and psychological interventions can help with a cohort of particularly difficult sex offenders.
In the last four years of the previous Conservative Government, the number of foreign national offenders increased. Now, call me old-fashioned, but I believe that non-UK citizens who commit crimes within the UK should not serve their sentences here. Today’s report makes good progress, and I welcome the Lord Chancellor’s tackling this issue urgently; it is what South Norfolk wants to see, and it will get capacity back in our prisons.
My hon. Friend is absolutely right: we are already deporting more foreign national offenders than the previous Government. We are taking forward the measures from the Gauke review to speed up and get more foreign offenders out of our system and back to their countries of origin.
I wholeheartedly support my hon. Friend the Member for Mid Bedfordshire (Blake Stephenson) in his call for the immediate deportation of foreign criminals. What is the Lord Chancellor doing to ensure that the courts are not holding up those deportations, and that once deported, those criminals are never allowed back on these shores?
The hon. Gentleman may have seen that just last week, when the Home Secretary set out the immigration White Paper, we announced that we are reviewing the use of article 8 in relation to immigration cases, and we will bring forward our proposals on that in due course. We will not allow the misuse of our courts and the use of article 8 to enable people who have no right to be in this country to stay in this country. That will require changes to the immigration rules, which the Home Secretary is working on.
Does the Lord Chancellor agree that the voluntary and community sector can play a vital role in supporting offenders to rehabilitate and gain vital employment and housing? Organisations such as Pathways Care Farm and Access Community Trust in my constituency have helped to prevent t reoffending.
I pay tribute to the organisations in my hon. Friend’s constituency; such voluntary organisations play a hugely important role in helping the justice system to succeed in rehabilitating offenders. We will continue to work closely and build on the review’s recommendations in this area.
Having sat on the Public Accounts Committee inquiry into prison overcrowding, I know full well the issue at hand and who to blame. Can the Lord Chancellor assure me and my constituents that they will not be placed in more danger by the Government not jailing criminals? When those individuals are in the community, the local community must have a voice in the effectiveness and planning of these new sentences, lest we end up with community concerns similar to those about bail hostels in Tiverton and Minehead.
What puts the whole country at risk, including current, future and potential victims of crime, is letting our prison system collapse, and I will never let that happen. The measures we are taking forward from the review today are designed to make sure that this country never runs out of prison places ever again. I will ensure that there is ample time for debate and discussion across this House as we bring our legislation forward.
Is the Lord Chancellor as astounded as I am by the hypocrisy of the Conservatives? They really are the arsonists attacking the firefighters. We are having to clean up their mess, because, in the words of the National Audit Office, this crisis is the result of their failure
“to ensure that the number of prison places was aligned with criminal justice”
priorities.
After some months in this job facing the shadow Ministers, I am afraid that nothing about their behaviour surprises me any more. I will take notice—as, I think, will the country—when the Conservatives finally offer an apology for the absolute abject mess they left behind.
Police officers, magistrates and judges all report that some offenders would rather go to prison to be back with their mates, watching Sky TV and having three square meals a day. Does the Lord Chancellor agree that those who go to prison should be treated more harshly and robustly than was the case under the 14 years of the previous Conservative Government?
We want to make sure that our prisons are used to punish offenders, that those offenders are made to abide by strict prison rules, that they engage with programmes in prison to bring down their propensity to reoffend, and that, ultimately, we succeed in keeping my hon. Friend’s constituents safe by turning out better citizens rather than better criminals.
There are thousands of decent, moderate Conservatives all across the country who will have seen the ridiculous spectacle today of the Opposition denigrating David Gauke—of all people—on the prison system. The review was absolutely clear that short sentences are driving reoffending—60% reoffend within the year. Will the Minister set out the steps that she will take to cut crime and create fewer victims?
My hon. Friend is right. We have to cut crime, have fewer victims and make sure that our streets are safe. That is why we have to make sure that we never run out of prison places, that we never see the breakdown in law and order that would ensue were that to happen, and that we take forward a package of measures that I have announced today. We work on the legislation in the coming weeks and months, which will be designed to make sure that we do not run out of prison places, that we put victims first, and that we cut crime in this country.
I call Tristan Osborne for the last question on this statement.
Leaving the best until last, Madam Deputy Speaker.
As a former police officer, I can say that community payback works. Does the Lord Chancellor agree with me and many of my colleagues in the criminal justice system that rehabilitation of offenders, including filling potholes and clearing fly tipping, is popular, not only in Chatham and Aylesford but in Newark and across the country?
My hon. Friend makes an incredibly important point. I am determined that we toughen community punishment and make sure that unpaid work truly pays back to the communities that have been harmed by crime. That is why I work with businesses and local authorities, so we can all have a system that drives down reoffending—a system where reparations are made to the communities that have been harmed by crime, whether they are in Newark, Birmingham Ladywood or indeed anywhere else.