Sentencing (Pre-Consolidation Amendments) Bill

Alex Cunningham Excerpts

3rd reading & Committee stage & 3rd reading: House of Commons & Committee: 1st sitting & Committee: 1st sitting: House of Commons
Thursday 4th June 2020 Commons Chamber

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

The Bill seeks to pave the way for the consolidation of sentencing procedural law in the forthcoming sentencing code. Currently, when passing sentence, a sentencing judge must consider the sentencing law that was applicable at the time of the offence. Given the number of different pieces of sentencing legislation passed over the years, that is often a complicated exercise. When reviewing that area, the Law Commission discovered 1,300 pages of legislation governing sentencing in this country. When it conducted a review in 2012, it discovered that errors were made in sentencing in 36% of cases, we think as a consequence of the extraordinary complexity of having to work out which piece of sentencing law applied at the time of the offence. Therefore, given the concept behind the sentencing code and its essential precursor, the Bill will ensure that a single set of sentencing legislation is applicable at the time of sentence, to which sentencing judges may refer.

The Law Commission was asked to look at this issue in September 2014. After Herculean labours it reported back in late 2018, but as a consequence of various general elections and other constitutional disruption, only in 2020 do we finally enact this Bill. I put on record my thanks to the Law Commissioners for their work, and particularly Professor David Ormerod, QC, for the enormous amount of work he has done in preparing the sentencing code for which this Bill paves the way.

As I understand it there are no amendments to the Bill’s five clauses, but I will briefly speak to each clause—I will be extremely concise. There are two substantive clauses. Clause 1(3) contains a clean sweep provision that removes those historical layers of sentencing law legislation to which I referred, so that when the sentencing code is enacted, which will be soon, sentencing courts will no longer need to refer to the historical versions of sentencing law in place at the time of the offence, and can instead refer to the sentencing code that was in force at the time of sentence.

We are, of course, extremely mindful of the well-established common law right that no offender should be subject to a heavier penalty at the point of sentence than was in force at the time of the offence. That right is enshrined in article 7 of the European convention on human rights, but the common law right long predates that. Therefore, in recognition of that important principle, there are a series of exemptions to ensure that no offender will suffer a heavier penalty than would otherwise have been the case. Those are expressed in clause 1(4) and (5), and in a wider list of exemptions enumerated in schedule 1.

Clause 2, the second substantive clause, essentially makes a series of amendments and modifications to existing sentencing legislation. Those are enumerated in schedule 2, which is quite long, and they essentially correct minor errors, streamlining sentencing procedural law. For example, they change language to avoid inconsistency and update statutory references. Because any consolidation must operate on the current law, we need to make those changes to enable the consolidation to happen in a technically correct way. They are therefore all essentially technical amendments to ensure that legislation works in the way that is intended.

I stress that the provisions of neither clause 1 nor clause 2 make any substantive changes to sentencing law. They do not increase or reduce the penalties for any particular offence; they simply clarify the way that sentencing law is available to judges to use when they pass sentence. It is a procedural simplification. Nothing in the Bill changes the actual level of sentences that are available to the courts to pass down.

Clause 3 is a technical interpretation clause, clarifying what is meant by the various definitions and phrases used in the Bill. Clause 4 provides regulation-making powers in the Bill, if any changes need to be made that are necessary for the implementation of the sentencing code and for no other purpose. Any such statutory instruments would be made by the affirmative procedure.

Finally, clause 5 sets out the commencement provisions. Although, of course, the regulation-making powers will have effect upon gaining Royal Assent, the wider force of the Bill takes effect only when the sentencing code has been passed. The sentencing Bill enacting the code will be before the House relatively shortly.

I do not wish to detain the Committee any longer discussing clauses to which no amendments have been tabled, but I hope that gives the Committee a flavour of the clauses’ operative effect. This is a piece of extremely important legislation that I think the entire legal community will strongly welcome. It is a shame that it could not have been introduced any earlier, but we are doing so today, and it will greatly improve the operation of criminal sentencing in this jurisdiction. I urge the Committee to agree that clauses 1 to 5 stand part of the Bill.

[Alex Cunningham (Stockton North) (Lab)]

This is the first piece of legislation that I am leading on as a shadow Justice Minister, and I am sure that it will be the first of many over the coming months, particularly given the Government’s legislative programme and the need for action in so many parts of our justice system. It is very clear to me, and to others, that the Government are facing a series of crises, from the impact of the coronavirus in prisons to the huge backlog of cases in the Courts and Tribunals Service, which had reached over 1 million, months before the pandemic. Much action is clearly needed.

I join the Minister in thanking the Law Commission and others who have been working so diligently on preparing this material. As has already been said, this is a largely technical and uncontroversial Bill and we have tabled no amendments. We agree that we cannot continue with complicated and complex guidance on sentencing, which is resulting in unfair sentences that are causing further problems, such as costs and delays in justice processes. Our current system is in no way perfect, by any measure. A near-dysfunctional mess of mixed legislation and amendments has, over time, led to wrong sentencing decisions resulting in lengthy and costly appeals, adding more and more stress to what is an overburdened justice and court system, as I referred to earlier. There must be a standard approach to provide clarity.

Offenders receiving unlawful sentences is unacceptable. That could mean offenders receiving more lenient sentences than the law says they should receive, or it could mean an excessive prison sentence outside of the guidelines for the particular offence committed. The Minister pointed out earlier that the survey showed that 36% of sentences were seen to be wrong. That is unacceptable in a just judicial system.

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[Alex Cunningham]

I very much welcomed the Minister’s comments in Committee and his attitude on how we can work together to create good law in this place as part of his and my brief. The same, of course, applies to the Lord Chancellor, but we will continue to do our best to hold the Government properly to account.

Everyone across the House can, I believe, welcome the progress of this Bill today. Its provisions have long been called for by the professions, and we all hope that the simplification brought in by this and the Sentencing Bill and code itself will put an end to the high proportion of wrong decisions made on sentencing. Likewise, we hope to see an end to the tremendous workload created in the Court of Appeal, dealing with the mistakes, and an end to the many cases where people are not being handed the sentences that they actually deserve.

I very much welcomed the fact that the Lord Chancellor focused on the defendant, because they are the people who are at the sharp end when it comes to sentencing. We should never ever lose sight of the fact that, when we are dealing with these matters, we are dealing with people’s lives.

This Bill coupled with the Sentencing Bill, which creates the actual sentencing code, should make that whole system more efficient and assist in dealing with the backlog of cases which have only been added to during the current pandemic. I recognise that the Government are struggling with the escalating backlog in courts and tribunals. As I said, over 1 million cases are awaiting process in courts and tribunals, and that was at the end of 2019, before we had the effects of coronavirus. As Ministers know, this has been caused by the huge court closure programme, the lack of interpreters, and other problems, but there is no doubt that today’s legislation will contribute to better and speedier justice and reduce congestion and backlog in the courts over the coming years. As I said, I look forward in the coming weeks to learning how Ministers will address the huge backlog and whether the Minister will review the court closure programme and shorter sitting hours of many courts.

Virtual courts are part of the answer and the Minister in Committee addressed that, but they do not work in all contexts. We have seen cases halted because the system did not work in a fair and just way. The Opposition believe that the adoption of virtual proceedings, which have been heavily used using during covid-19, should never have a detrimental effect on the people participating, including defendants. I would appreciate clarity from Ministers—perhaps not now, but on another occasion—about whether they are concerned about the discrepancy in sentencing between physical and virtual proceedings, whether today’s new legislation will help to rectify that, and whether they will address this issue. I ask that specifically because I believe that while the sentencing code is much needed and welcomed, we must consider other issues that have an impact on sentencing and the environment that the sentencing code will operate in. I hope that Ministers will be able to have a clear conversation with us on virtual justice and the impact on sentencing, as it is an issue that the Opposition most certainly will raise time and again.

In conclusion, we know that this Bill and the Sentencing Bill are designed to simplify sentencing and enable the Government and individual lawmakers to do their jobs even better. It would therefore be useful to understand the plans that the Government now have for more general law reform. I look forward to future indications from Ministers about how they plan to do just that—reform further—but today, we are pleased to support the Bill’s passage and take that much needed step to improve the justice process for all.

Policing (England and Wales)

Alex Cunningham Excerpts

Monday 24th February 2020 Commons Chamber

[The Minister for Crime, Policing and the Fire Service (Kit Malthouse)]

I beg to move,

That the Police Grant Report (England and Wales) for 2020–21 (HC 51), which was laid before this House on 22 January, be approved.

I am proud to be part of a new Government who are delivering on the people’s priorities. The public have demanded an end to the horrific crime and violence that has recently blighted our streets once again. They deserve no less, and it is our duty to deliver the safer towns, villages, cities and country that they want. That means enthusiastically supporting our outstanding police to cut crime. They are our first and finest line of defence against murderous terrorists and ruthless drug gangs and our protection against burglars, robbers and rapists. All hon. Members will join me in paying tribute to their world-renowned courage, sacrifice and professionalism.

As the natural party of law and order, the Conservatives owe the police the resources they need to get their immensely important job done. One of the first acts of this Government was to start recruiting 20,000 new police officers, giving them the strength in numbers they now need, supporting and equipping them with the powers and kit to keep us safe, including lifting restrictions on emergency stop-and-search powers for all forces across England and Wales and, crucially, giving them new and immediate funding to keep our streets safe.

Nothing is more important than protecting the British people, and the settlement will do just that. Our generous offer also recognises the immense challenges that policing faces today. Crime is becoming increasingly complex, serious violence is threatening ever more people, and ruthless thugs are finding new ways to exploit the vulnerable. The scale, range and brutality of the new criminality we face is daunting, but we are rising to the challenge by empowering our police to fight back. This deal will give them the power to take down the criminals and bring those threatening our people and communities to justice.

[Alex Cunningham (Stockton North) (Lab)]

Cleveland currently receives no serious violence funding, despite having the third highest level of violent crime in the country. The hon. Member for Redcar (Jacob Young) appealed to the Prime Minister at Prime Minister’s questions last week for more resources, but he was fobbed off. Will the Home Secretary now review it and give Cleveland the funding it needs to tackle serious violence in our area?

[Kit Malthouse]

The hon. Gentleman is absolutely right to raise the issue of serious violence, which is blighting not only Cleveland but other parts of the country, too. It is obviously a huge focus of my work.

We are giving Cleveland police an extra £10 million this year, which I hope it will use to tackle some of the serious problems there. I have met the chief constable of Cleveland police, who is doing sterling work to move the force from one that has sadly been underperforming to one that can hopefully satisfy the needs and desires of the people of Cleveland.

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[Ms Abbott]

What can I say—nice try?

The National Audit Office recently said that the Home Office

“does not know if the police system is financially sustainable.”

That is the National Audit Office talking about Home Office Ministers.

However, the Government did not confine austerity to police officer numbers; they also cut thousands of police community support officers and thousands of police support and administrative staff. That has had two consequences. First, there has been a huge detriment to community policing, which is often the first eyes and ears on everything from vandalism and petty crime all the way through to terrorist threats. Secondly, the cuts to admin staff, often dismissively called “backroom staff” on the Government Benches, have meant that police officers have had to do more of their own admin work, so less time is available for police work as such.

The consequences have been terrible, as most of our constituents know. Compared with the previous year, the proportion of crimes resulting in a charge or summons fell by one percentage point, from 8.7% to 7.4%—the lowest ever recorded. That continues a downward trend since March 2015, when 15% of crimes were resolved with a charge or summons. No category of crime registered a majority of prosecutions. The sad fact is that too much crime goes undetected, largely because of a shortage of police officers, and therefore unpunished, and the public are all too well aware of that. It is truly shocking that the very lowest prosecution or summons rate was in cases of rape, with just one in 70 cases leading to charges. In all cases of violence against the person, just one in 13 cases led to charges or summonses. As we have argued consistently, cuts have consequences.

[Alex Cunningham]

I am grateful to my right hon. Friend for giving way. She is outlining the things on which all this extra money needs to be spent. In his response to me, the Minister suggested that the extra £10 million for Cleveland—that is half of what we have lost since 2010—should be used to tackle violent crime, but other areas where violent crime is actually lower get specific targeted resources from a separate fund. That is not fair. Does she share my bewilderment as to why Ministers seem to be blind to the needs of Teesside?

[Ms Abbott]

I entirely share my hon. Friend’s concern that the people of Teesside do not appear to be treated fairly. Cuts have consequences—in Cleveland as well as everywhere else. Over the past 10 years, almost every conceivable social factor has contributed to rising crime. Ministers did not mention these things, but let me remind the House that youth services have been slashed, schools have been encouraged to exclude pupils, inequality and poverty have been made worse, some of our young people have become resigned to a life of zero-hours contracts, and drug and alcohol rehabilitation funding has been slashed. Mental health funding has been decimated, as, too, has the probation service, which we have seen in the probation activities in relation to recent terrorist activity. The criminal justice system is in crisis. Our prisons have become places where a person is more likely to become a hardened criminal, a drug user, or radicalised.

It is an abysmal record of failure. Ministers cannot expect their claims of being the natural party of law and order to be taken seriously when they have allowed the criminal justice system to fall into this state. It is no use these Ministers simply partially making good some of the police cuts that this Tory Government have made—that is all that has been claimed of this policy. They are not even restoring all the cuts that they have made since 2010. Effectively tackling crime is not just about funding the police properly, but about funding all those services, such as the youth service, education and the NHS, which help to bear down on crime. The Government do not intend to do that, and we on this side of the House believe that without a proper level of funding for the police force, for schools, for youth services and for the NHS, we will continue to see the negative consequences. There will be a spiral of violent crime, which causes so much fear in all our communities.

[Richard Drax (South Dorset) (Con)]

It is a pleasure to speak in this debate. Just before I start, may I remind the Opposition that we are in this plight because of the spendthrift ways with which they ruined our country?

[Alex Cunningham]

You’ve had 10 years, man. Ten years.

[Richard Drax]

Ten years is how long it was predicted to take to get this country back. I know the Opposition do not like to hear it, but that is the truth of the matter. [Interruption.] Yes, there was a banking crisis too, but the people of this country do not forget the spendthrift ways of the Opposition.