Sentencing Bill

Baroness Jones of Moulsecoomb Excerpts

Wednesday 3rd December 2025 Lords Chamber

[Lord Marks of Henley-on-Thames (LD)]

My Lords—

[Baroness Jones of Moulsecoomb (GP)]

Can the noble Lord, Lord Woodley, get up?

[Lord Woodley (Lab)]

My apologies—I was waiting for a colleague to jump in. Late though it may be, it is very difficult to follow that outstanding contribution from the noble Lord, Lord Foster. It was exhilarating for me to listen to it.

My Amendment 134 is on probation capacity. It is crucial, bearing in mind that I raise this as a consequence of issues raised with me by the probation union Napo. The amendment seeks to give the Probation Service watchdog some teeth. Currently, only the people running local probation units can trigger special measures and what is called the prioritisation framework. This has given rise to accusations that they are marking their own homework. My amendment seeks to share that power with the Chief Inspector of Probation.

Prioritisation is an important safety valve to stop probation units from being swamped, but sometimes an outside perspective is needed to gauge this accurately and honestly, for obvious reasons. It is widely accepted that the Probation Service is under extreme pressure—there is no doubt at all about that—and this Bill will only add to those pressures. Officers are trained to assess risk, but they must be given the space and time to do that properly if we want to avoid reinforcing the risk-averse culture that the noble Lord, Lord Foster, mentioned. It is causing so much damage to the service—damage that we can do without.

I am sure that the Committee will join with me in paying tribute to the probation officer who, shamefully, was stabbed in Oxford last week while supervising an offender. I commend his bravery and fortitude. Thankfully, he was not critically injured. We wish him a complete and fully supported recovery. Beyond the immediate harm that was caused, this incident—the second such attack recently, as an officer was stabbed in Preston in August—underscores the increasing risk faced by probation officers and the crisis of prison violence spilling over into probation. Not surprisingly, staff morale and retention have collapsed, made worse by over a decade of real-terms pay cuts while case loads have soared to unimaginable levels, and worse is yet to come.

This amendment also seeks approval from the Chief Inspector of Probation before any extra pressure is placed on the Probation Service from within the Bill. This simple safeguard should address fears that the service may be unfit for purpose or otherwise, if it is unprepared for the extra work coming its way.

I place on record Napo support for the other amendments in this group, on capacity, which all seek to place in the Bill perfectly reasonable safeguards such as maximum case loads for probation officers and annual reports on probation resourcing and tagging operations. I sincerely hope that the Minister can appreciate the merits in these suggestions and those in my Amendment 134, which have come directly from staff on the front line. I look forward very much to his response.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I support Amendment 134, and I congratulate the noble Lord, Lord Foster, on his very passionate speech.

This issue has come up several times, but it does need more emphasis. It is incredibly important. Although I very much support the intentions of the Sentencing Bill, we cannot avoid at least acknowledging the strain already placed on the Probation Service. If we are going to put new demands on the service, we must first be confident that it can meet them. The latest report from the National Audit Office makes it painfully clear that the service is struggling with staff shortages, rising workloads and unsatisfactory outcomes. Only 79% of target staffing levels for qualified probation officers have been met, leaving around 1,500 vacancies across England and Wales. Of the 12 regions, 10 are operating beyond full capacity, and almost half of local delivery units are now rated red or amber for performance.

In that context, asking His Majesty’s Inspectorate of Probation to confirm adequate capacity before we put pressure on it is a necessary safeguard. If we want the measures in the Bill to succeed, our Probation Service must be set up to succeed. This proposed new clause would ensure that—I thank the noble Lord, Lord Foster, for his kind words about it; I am a complete passenger on this—and that is why I am pleased to second it.

[Baroness Hamwee (LD)]

My Lords, I will speak to Amendment 93E. In this case, the capacity is that of prison officers. The amendment calls for an annual report, but, as we discussed on the first day in Committee, the wording is really only a mechanism to introduce an issue. In this case, this is a probing amendment seeking assurances about activities and the need for prison officers to support those activities.

It is common sense that activities in prison are important. Nothing in what I say is intended to downplay the work of probation officers; this is just a different focus. Activities that are “purposeful”—a word that we used a lot on the previous day—including, in particular, educational and vocational activities, are too often either not available or not sufficiently available. They would not all be delivered by prison officers, but they need their buy-in and support. I have raised this because I have become aware, as others will have been for longer than I have, of the shortage of prison officers and the strain on them. To be attractive, the work needs to be more rewarding and to have its professional status recognised.

Purposeful activity—by which I mean meaningful and rehabilitative, not performative—should be central to time in prison to reduce reoffending and for transferable skills to be taught. But we know that activities start from a low base—they are inadequate in number and, I guess, in type—and are cancelled because of chronic staffing shortages. As a result, basic numeracy and literacy are not available.

As the Justice and Home Affairs Committee report said:

“The Ministry of Justice should prioritise purposeful activity as a core function of the prison regime, ensuring that work, education, and rehabilitative programmes are protected from disruptions caused by staffing shortages. This will require a strategic focus on maintaining consistent activity delivery, even in the face of staffing challenges”.


That was one of the recommendations accepted in full by the MoJ. This amendment therefore has two focuses: the activities themselves and the position of prison officers.