Criminal Justice Act 2003 (Suitability for Fixed Term Recall) Order 2024

Baroness Jones of Moulsecoomb Excerpts

Monday 18th March 2024 Lords Chamber

[The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Bellamy) (Con)]

My Lords, in October 2023, my right honourable and learned friend the Lord Chancellor said in the other place that the Government would review the use of recall to ensure that the prison system is working effectively and consider how to safely manage any risk posed by offenders, while not having people in prison any longer than necessary. That is the purpose of this statutory instrument.

Recall, as your Lordships know, is a preventive measure available to the Probation Service to bring an offender managed on licence in the community, following release from prison, back into custody. There are two kinds of recall. The first is known as fixed-term recall, which is for a period of 14 days if the offender’s sentence is less than 12 months, or of 28 days if they are serving a sentence of over 12 months. The other is standard recall, where offenders are recalled to prison and remain in custody until the end of their sentence, unless released earlier by the Parole Board.

Unfortunately, pressures on the Parole Board mean that it is sometimes quite a long time before a prisoner’s further release comes up for consideration. In the case of offenders already serving less than 12 months, the delays in the Parole Board might mean that it does not get round to considering their case before they are due for release anyway. This means that in the case of offenders serving less than 12 months, a recall is quite a severe consequence.

Between 2017 and 2023, the number of people in prison on recall rose by about 85%. In that period, there was a major decline in fixed-term recalls—20% in general and 27% for those offenders serving less than 12 months. The purpose of this statutory instrument is to rebalance that situation and mandate the use of fixed-term recall for lower-level offenders—those on less than 12 months, subject to certain exceptions that I will come to—so that they are automatically recalled for 14 days and then rereleased. Of course, they would then remain on licence until the end of their custodial period being served out in the community.

That is the essential purpose of the statutory instrument. I accept that it is against the general background of pressure on the prison estate at the moment but, in the Government’s view, this measure is fully justified in its own right, in fairness to offenders serving less than 12 months and as a way of rebalancing the system in the way I described.

As your Lordships know, probation can recall offenders if their risk while on licence increases because they fail to keep in touch, do not observe the curfew, have been under the influence of alcohol if the conditions forbid alcohol, et cetera. However, as I said, for those serving short sentences, the reality is that one recall might mean that they serve the rest of their sentence, are held in custody for too long, and when they come out they are not on licence as their licence has finished. It is much better, in general, for the short-sentence offenders to remain on licence when they are released back into the community for the balance of the sentence period.

The order will apply to lower-level offenders aged 18 and over serving custodial sentences of fewer than 12 months and assessed as requiring recall. It will not apply to the more serious offenders who are managed under what is known as MAPPA at levels 2 and 3, or those who have been charged with a further serious offence under Schedule 18 to the Sentencing Act 2020.

As my right honourable and learned friend the Lord Chancellor and the noble and learned Lord, Lord Stewart of Dirleton, updated the Houses the other day in their Statements on “Prisons and Probation: Foreign National Offenders”, we are preparing the Probation Service to be ready for increased demand, introducing changes to operating procedures that will allow front-line staff to maximise supervision of the most serious offenders and to deal with intervention and engagement at as early a stage as possible.

I take the opportunity to express our deep gratitude to all those working in the criminal justice system, including in prisons, probation and the police. They deserve enormous credit for their commitment. They are under heavy pressure and managing magnificently. I hope that this statutory instrument will further ease that burden and rebalance the system in the way I hope I have described. I beg to move.

[Baroness Jones of Moulsecoomb (GP)]

I can sort of see the rationale for this, but it is completely misguided. Every time the Government talk about tougher sentences and being tougher on crime and the causes of crime, they start packing out the prisons. Of course, there is now no capacity. This is a rather cynical move to clear out the prisoners so that we can pack other people in.

I have a much better idea, which I will come to in a moment, but I do not understand why the Government are wafting this statutory instrument through yet find it impossible to do something fairly fast for IPP prisoners. I would like an explanation from the Government.

Part of the problem is that we tend to send people who committed low-level drug abuse crimes to prison. I suggest a constructive way forward, which is that we automatically release anyone in prison for low-level drugs offences, because they are less dangerous to other people and really only dangerous to themselves. Please could we have some rationale about the prison system, which is crumbling with this Government and could be better?

[Lord McNally (LD)]

My Lords, apparently it is my turn. In a way, this is a continuation of the Question put by the noble Earl, Lord Attlee. The Minister knows the crisis in our prison system. That crisis has been made partly by legislation that we have passed in this House over the last decades.

I remember that, when I went into government with the noble Lord, Lord Clarke—Ken Clarke, who I still consider my friend—we had some ideas about reducing the prison population, which had then crept over 80,000, double what the noble Lord had experienced 20 years before when he was Home Secretary in the early 1990s. We sent a little package across to the No. 10 Politburo, but the message came back: “Not politically deliverable”. That has been the problem with Governments of all shades over the last 20 years: not being able or willing to try to bring down our prison population.

The noble Baroness is right that this is gesture politics, but it is a gesture in the right direction and therefore we support it. There is a concern that it is another example of central government moving responsibility to local government and local voluntary services, which then find themselves under pressure. If more probationers are in society and still needing supervision, will there be any more help for the voluntary services?

Apart from pointing out the ridiculous idea of putting in prison too many prisoners who do not need to be there and could be better managed in society, my argument, going back to the Question put by the noble Earl, Lord Attlee, would be to look at the whole process of managing the way out for prisoners at the end of their sentences, which is expensive, difficult and almost impossible in an overcrowded prison. It came up in that Question—and the Minister indicated that it may already be happening—that some of the experience and wisdom of prison officers towards the end of their careers could be used in a management and mentoring role. Otherwise, we give this SI our support.

Victims and Prisoners Bill

Baroness Jones of Moulsecoomb Excerpts

Committee stage
Tuesday 12th March 2024 Lords Chamber

[Baroness Burt of Solihull (LD)]

My Lords, I thank the noble and learned Lord, Lord Thomas, for his comments and endorse everything that he said, particularly about the noble Lord, Lord Blunkett, who we all wish was here today. I will address one or two of the pragmatic issues. The amendments in this group all relate to IPP licences, and I support them all. They are intended to affect the applications of licences to be fairer and speedier, so that we can release or re-release IPPs as fast and as safely as possible into the community.

Clause 48 currently removes the element of annual review in favour of one-off review every three years. However, if the Parole Board decides not to terminate the licence of this point, Amendments 149 and 150 restore the right—removed by the Police, Crime, Sentencing and Courts Act—to an annual review by the Parole Board. The Prison Reform Trust comments that having a sunset clause of a further two years might just constitute a high bar for some prisoners, and that the Parole Board should be able to terminate the licence after one year, otherwise licences could drag on for years, as before.

The circumstances described in Amendment 152 are probably quite rare, but it is worth ensuring that a person would not have to suffer if they had been recalled but the Secretary of State had revoked the recall, presumably because there had been an error of some kind and they should not have been recalled. The prisoner should not be penalised because of an error not of their making.

Amendment 153 continues in a similar vein, but this time gives the Parole Board the ability to maintain the sunset clause. However, in this case, it is slightly more complicated. Firstly, the Secretary of State can recall if they conclude on reasonable grounds that the prisoner has deliberately revoked the terms of their licence and the safety of the public would be at risk. The Parole Board can overturn the Secretary of State’s decision to recall a prisoner if on subsequent review, and if it is privy to more information than the Secretary of State, it subsequently concludes that the prisoner is not putting the public at risk.

Amendment 157 ensures that the Government use their wide-ranging powers to change the qualifying period using only secondary legislation and that they can revise it only downwards. If they want to revise it upwards, it will have to be done with primary legislation. This is within the spirit of the Bill today. This amendment ensures that a future Government would not be tempted to use this power to make the situation worse for IPP prisoners, not better.

All in all, this suite of amendments is sensible and, as the noble and learned Lord, Lord Thomas, said, pragmatic. It is offered in a spirit of helpfulness. I sincerely hope that the Minister will see this and maybe feel that it is appropriate to introduce government amendments to this effect.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I rise possibly as an elder, owing to my advanced age; but perhaps not. I would like to support the noble and learned Lord, Lord Thomas of Cwmgiedd. As he said, there is almost nothing left to say about these prisoners. It is an injustice. I hope that the Government are considering accepting some of these amendments. We cannot say that we have a justice system if we have an innate injustice like this.

I support the tributes to the noble Lord, Lord Blunkett, but also to the noble Lord, Lord Moylan, with whom I have almost nothing in common; we have a very tetchy relationship but, on this, I think he is being superlative in working for the rights of IPP prisoners.

As Greens, we believe that prison is overused as a tool of justice. Far too many people are imprisoned when there are much more effective ways of rehabilitation or stopping reoffending. I can understand the anger of people who say that we should lock up serial rapists and murderers and throw away the key. I do understand that anger; but, in this instance, we have, for example, a 17 year-old who steals a bike, or people who grab other people’s mobile phones. This is clearly an injustice; I find it difficult to believe that anybody listening to this would not agree.

The lawyer and campaigner Peter Stefanovic put out an online video about this. It has had 14 million views. A petition to force the Government to debate this again got easily 10,000 signatures. There is massive public support for sorting out this issue. I know that the Government care very much about the will of the British public. The word that came through for me in some of the responses to the video was “cruel”. The sentencing and continued imprisonment of IPP prisoners has just been cruel. Please, let us see some progress on this Bill, then we can all take the Ministers out for a cup of tea.

[Earl Attlee (Con)]

My Lords, I am grateful to the noble and learned Lord, Lord Thomas, for moving his amendment. I have tabled Amendment 156; it may be convenient to speak to it now. Before doing so, I have some general points to make about the whole issue of IPP, which I will not repeat in detail later.

I am grateful for all the work that my noble friend Lord Moylan has done along with the Prison Reform Trust and UNGRIPP. In 2017, as a result of a debate initiated by the late noble and learned Lord, Lord Simon Brown of Eaton-under-Heywood—I am grateful for the comments of the noble Baroness, Lady Chakrabarti —I decided to take a very close look at our penal system. I soon found that I needed to widen my interest to the whole of the criminal justice system because there is so much is wrong with it. One obvious example is joint enterprise murder, but that is for another day.

Let no one think that I am some sort of soft, bleeding heart, out-of-touch do-gooder. I am not. I believe in firm discipline, with all that that implies. But—I repeat, but—no more disciplinary sanctions should be applied, including incarceration, than are needed to have the desired, legitimate effects of protecting the public by incapacitation, and providing retribution, deterrence and rehabilitation. The current IPP regime clearly fails this test on all counts. I will not rehearse the heart-rending histories that we have all heard about. They are not in dispute.

I also accept that some prisoners on an IPP sentence may not be releasable any time soon even under a resentencing scheme. However, keeping prisoners incarcerated unnecessarily costs £44,000 per annum per prisoner and wastes resources. We know we have a terrible prison system because the Chief Inspector of Prisons tell us that is so. In his 2023 report, he said that inspectors have run out of superlatives to describe how poor the purposeful activity component of prison life is, or words to that effect. No wonder IPP prisoners find it so hard to demonstrate any progress with rehabilitation.

Employment of People with Criminal Convictions

Baroness Jones of Moulsecoomb Excerpts

Monday 26th February 2024 Lords Chamber

[Lord Bellamy (Con)]

My Lords, the Government are very keen to allow prisoners release on temporary licence wherever that is possible. I emphasise the work that has gone into preparing prisoners for employment; there is now an employment lead in every one of our 93 prisons, and an employment hub where prisoners can access vacancies, make applications, et cetera. Every prisoner has an ID, a bank account and accommodation arranged when they are being released. There is an employment advisory board in every prison, and these measures are taking effect.

[Baroness Jones of Moulsecoomb (GP)]

My Lords—

[Lord Polak (Con)]

My Lords—

[Baroness Williams of Trafford (Con)]

My Lords, it is the turn of the Green Benches. If everyone is quick, we can then hear from my noble friend Lord Polak.

[Baroness Jones of Moulsecoomb (GP)]

I will be quick. I will just say that I will miss Lord Cormack very much.

There is a section of prisoners—the IPP prisoners, who are imprisoned for public protection—who are constantly being called back to prison, and their mental health is very much under threat; they are a very vulnerable population. Are prisons looking to rehabilitate those prisoners in particular, by preparing them for work?

[Lord Bellamy (Con)]

My Lords, there is a specific action plan in place for IPP prisoners. The question of whether they are being prepared for work is a little premature because they first have to be prepared for release. We are going to discuss this matter in great detail in the debates on the Victims and Prisoners Bill, and I look forward to further discussions with the noble Baroness.

Victims and Prisoners Bill

Baroness Jones of Moulsecoomb Excerpts

Committee stage
Wednesday 24th January 2024 Lords Chamber

[Baroness Brinton (LD)]

My Lords, as we start this Bill, from these Benches we are pleased to see that the first part of it relates to victims. Even though we want to improve the Bill, I thank the Minister for the meetings and dialogue we have had so far and look forward to more as the Bill progresses.

Amendment 1, in my name, starts this group on the definition of a victim. I thank Restitute, the lived-experience CIC, which supports third-party victims of crime—whether they are the parents, carers, partners, siblings or loved ones of people who have survived sexual abuse, sexual violence or other serious crimes including domestic violence and stalking. It specialises in building the service that its members wish they had received, and which professional service providers often do not spot, nor have the resources to be able to provide: namely, crisis support in the short term and, above all, someone to help them and their loved one, who is the direct victim, to navigate the new world of professionals they encounter during their case.

Why is this important? Unless you have been the victim of such a crime, you cannot understand how it affects those who care for you. Most professionals would not recognise that your loved ones may also be victims of vicarious harm due to the crime. More than that, parents may have to give up work, partners need time off and children have poor educational outcomes. Families that have previously had two incomes often see that cut in half at a stroke. Carers are not entitled to any therapeutic or emotional support. The impact on their health and well-being is devastating. That is before we even face the problems related to family breakdown.

Most of Part 1 of the Bill focuses on the rights of the direct victim of the crime, and the services that they will encounter afterwards. One of the worst examples is the impact of child sexual abuse on victims/survivors, including on non-perpetrator family members. The impacts on mothers, for example, can mirror the experience of their child. Social services can also force them to make rapid and difficult decisions at the exact moment they are coming to terms with the abuse that their child has suffered. Healthcare and the criminal justice system often do not recognise that the impact goes beyond the direct victim.

This can include siblings who are children themselves but who, under the Bill, would not be able to access any support under the victims’ code. The siblings of abused children may have feelings that they have let down their sibling because they could not prevent the incident, or may be fearful that in the future it may happen to them. These children also see distressed adult carers struggling to navigate the system, which currently does not recognise them as victims either. Without support these families struggle, and it becomes harder for all of them to recover from the incident.

Amendment 1 extends the definition of a victim of crime to include someone who is

“witnessing criminal conduct … having subsequent responsibility for care because of criminal conduct … experiencing vicarious harm due to criminal conduct”.

I have also added my name to Amendment 2, tabled by the noble Baroness, Lady Finlay of Llandaff, which would ensure that bereaved victims of homicide abroad are given the same support as victims of homicide within the UK. These victims not only face the extreme distress of losing their loved one in a horrible way but have to deal with the criminal justice systems of foreign jurisdictions.

Many years ago, my sister worked for Thomson Holidays. Her role was to deal with the immediate aftermath of death—including homicide—of her holiday- makers. Once the families had returned home, for many, having to deal with an overseas criminal justice system was even more bemusing, and they felt very isolated. We know that just being the family survivor of a homicide is hard enough.

I also support the other amendments in this group, all of which raise key questions about the definition of a victim of crime or try to establish how victims can get parity of treatment at their review—as in Amendment 8—whether they are victims of a perpetrator serving a custodial sentence or a perpetrator being detained under the Mental Health Act 1983. Amendment 3 adds in a person being killed by a family member such as a dangerous driver. Amendment 4 adds serious anti-social behaviour. Amendment 12 takes us into the debate on the content and context of the victims’ code, and states which services must be involved in decisions regarding leave or discharge for the perpetrator. Currently, the victim is far too often the last person to hear that the perpetrator has been released. That is unforgivable. Amendment 19 would ensure that victims have information to understand the justice system and relevant state agencies.

The Government will have gathered that noble Lords across your Lordships’ House believe that the definitions in Clauses 1 and 2 are too narrow and will exclude certain people who are seriously affected but not defined as a victim. I look forward to the Minister’s response. In the meantime, I beg to move Amendment 1.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, Amendment 3 acknowledges that the definition of victim in the Bill is quite broad, and that will mean, I hope, that as many victims as possible are supported by the victims’ code and related services. However, I want to probe the Government as to whether they intended the definition of victim to be so broad as to include the close family of a person who died as a direct result of their own criminal conduct; for example, by dangerous driving or possessing and consuming illegal drugs.

Clause 1(2) defines a victim as including

“where the death of a close family member of the person was the direct result of criminal conduct”.

This appears to include where the deceased caused their own death by their own criminal conduct. This broadness is underlined by Clause 1(5), which makes it “immaterial” whether anyone has reported the criminal conduct, or if anyone has been charged with, or convicted of, an offence.

The family of someone who dies as a result of consuming illegal drugs are victims of the Government’s ideological war on drugs. The Government refuse to treat drug use as a health issue and to implement a safe, regulated market of drugs that would take the multi-billion pound drugs trade out of the hands of criminal gangs.

Can the Minister please clarify whether it is the Government’s intention that family members of people who die as a result of their own criminal conduct will be supported by the victims’ code and the associated support services provided to victims?

[Baroness Watkins of Tavistock (CB)]

My Lords, I draw attention to my relevant interests as outlined in the register. I support Amendments 8, 12 and 19, which seek to ensure that people who have suffered as a result of a crime committed by a patient with a mental health disorder who is detained in hospital under a restriction order are afforded the same rights under the victims’ code as victims of offenders who are held in the prison estate. This is not the case presently.

The amendments seek to extend the principle that all victims have a right to be heard in the justice process and to include the NHS and His Majesty’s Courts & Tribunals Service in the list of responsible agencies. This would bring mental health tribunal processes in line with the rest of the criminal justice system and remove a long-standing and unfair disparity in treatment for people who have experienced these crimes. The principle that everyone who experiences a crime should have the opportunity to make their voice heard in the criminal justice process is at the heart of why these amendments are necessary. Those who have experienced crimes committed by patients with a diagnosed mental health illness deserve parity of treatment with all other people who have experienced crimes.

Under the victims’ code, people have the right to make a victim personal statement before the Parole Board when the person who has offended is being considered for release. Anyone who is directly affected by violent crime should have the right to be heard, but, as the victims’ code does not extend to mental health tribunals, victims of an offence caused by somebody held under a mental health restriction order cannot make any personal statement in writing, or in person, to the mental health tribunal panel.

The VPS is the single key entitlement which allows people to explain the impact of the crime committed against them, and there is a widespread consensus that the opportunity to submit a VPS is beneficial for all victims. It can offer some catharsis, which is essential in assisting the recovery from the trauma of a crime. In addition to this being beneficial to people who have experienced crime, this process may offer the opportunity for patients with a mental health disorder to gain further understanding of the impact of their actions on other people. This is particularly important when these people return to the community and sometimes feel that it would be better not to take their medication. Understanding the risk of not doing so might be beneficial for the proportion who are able to leave hospital.

The anticipated number of victims wishing to speak directly to the mental health tribunal is likely to be small. I understand that in cases of people wishing to address the Parole Board in person, it is currently fewer than one in 10. The majority are likely to submit a written statement to the panel that explains the impact that the actions of the patient has made on their lives.

The practice of allowing statements to be made to the tribunal is established in other jurisdictions, such as Scotland and Australia. In research undertaken by the Victims’ Commissioner in 2019, a family in Scotland discussed their experience addressing a mental health panel. They attended a separate hearing where the patient was not present but a legal representative attended on their behalf instead. The family did not get the outcome from the hearing they had hoped for but, crucially, they felt acknowledged and a party to the process despite that. They said:

“We … did feel given a voice, and one of the few occasions in the whole process we felt we had a voice and able to articulate our position”.


Clearly, it should be possible to balance the rights of patients.

Of course, as a nurse, I cannot overemphasise the need to maintain the confidentiality of medical records in tribunals. None of this needs to be shared with the victim making the representation and those impacted by crimes, so why is there such a different process in England and Wales, even just north of the border? As victims of crime are not currently able to address mental health panels in writing, by video link or in person, we are left with a two-tier system in which a distinction is made based on whether somebody is detained in a prison or in a mental health hospital. It is those who have suffered from the crime who lose out in terms of being heard.

I have worked closely with the Victims’ Commissioner, who has long called for this change. I hope that the Government will look favourably on these amendments and identify any changes to mental health tribunals that may be necessary.

--- Later in debate ---

[Baroness Sanderson of Welton (Con)]

My Lords, I will speak briefly to Amendments 6 and 10, which are designed to ensure that children who have been criminally exploited are seen and treated as victims rather than perpetrators. As has already been discussed, I understand the Government’s desire to keep definitions broad and to resist requests for too much specific detail in the Bill, but there is a case to be made about child criminal exploitation.

First, there is a need for clarity. The Government’s own Serious Violence Strategy says:

“In order to support different agencies and sectors working together it is important we have common definitions of the issues we are tackling”.


Yet on the issue of criminal exploitation, there is no common definition. The definition used in that strategy is the same as that in Working Together to Safeguard Children but differs from the definition in Keeping Children Safe in Education. As a result, different parts of the system are working to different understandings of what constitutes criminal exploitation. They have found the current definitions to be not only different but overly complicated.

As one police officer said in the very helpful briefing from the Children’s Coalition, which has already been mentioned:

“What is applying in Newcastle is totally different to Surrey”


and current definitions

“are too open to interpretation and this breeds an inconsistent approach”,

so we need consistency. We also need a statutory definition for criminal law purposes for, as that police officer also explains:

“We definitely need the definition to do our job. It’s a 21^st-century crime we are prosecuting with outdated legislation”.


The Government should be given credit for their focus on the growing threat of serious violence, which often gives rise to criminal exploitation but, if I am honest, it feels a bit odd that they would not see that this might be a useful step. It would not only help those victims having to live with a criminal conviction, making life even harder for them in the long run through no fault of their own; it would also send an important message to the real perpetrators in all of this—the people who take away these children’s lives, forcing them to live constantly on edge and in fear. It is a fear of the people exploiting them but also a fear of the authorities, if their situation is not properly recognised or understood.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I support all the amendments in this group. I am interested in verbal harm because it is true that, as politicians, we get a lot of that. I have had verbal abuse from that Front Bench, in fact, but I am old enough that it has not affected my behaviour.

Amendments 5 and 6 are quite crucial here, as is Amendment 10 on child criminal exploitation. On top of all the important points made by noble Lords here about child victims, I want to ask the Minister about the Government’s role in re-victimising children and young people by deploying them as covert human intelligence sources or child spies. I have raised this issue a few times over the past few years. It is still a practice that absolutely horrifies me—that the Government would actually encourage the further criminalisation of children. In recent years, the Government have actually expanded the use of child spies, including authorising them to commit criminal offences. I do not expect the Minister to answer this this evening, but I would like a full answer, because this is an issue that fills me with horror.

The Government’s actions obviously meet the definition of child criminal exploitation in Amendment 10, as these children are being

“encouraged, expected or required to take part”

in criminal offences by the police. Can the Minister therefore outline what victim support and other help is provided to these child spies when they are being sent back into dangerous criminal situations? Will they be eligible as victims under the victims’ code—I assume they will—and can the Minister give up-to-date figures on how many child spies are currently being used by police forces? I have been consistently told that it is a very small number. In my view, any number is wrong, but if I could have that information, I would be very grateful.

[Baroness Fox of Buckley (Non-Afl)]

My Lords, I was quite surprised to see the amendments, and also the way they have been motivated—by the need to get children in the Bill, as though there were a lack of sympathy with children as victims, particularly of sexual abuse. That is not something that I am aware of in society, which seems to me to be more than preoccupied with that issue, and rightly so.

If anything, as the right reverend Prelate the Bishop of Manchester made clear, it depends which children you are talking about, because one of the shocking aspects of the Rochdale grooming scandal was that a particular group of children were seen to be the wrong kind of children—in the words of the perpetrators, “white trash”. If you read the many reports on this, as I have done, even the officialdom—the police, local authorities, social workers and all sorts of things—saw these children as perpetrators who could be ignored. In general, society is horrified, it seems to me, at child abuse, but it depends which children. I did not know that we needed to get the idea of children as victims on the face of this kind of Bill in order to be sympathetic to children as victims, so I am a bit confused about the necessity of that. However, I am open to being convinced.

As it happens, I completely agree with the horror of the noble Baroness, Lady Jones of Moulsecoomb, at child spies, and I share that point of view as well. But she does raise a problem that I have with Amendment 10, inasmuch as I think it is unclear what the definition of “child criminal exploitation” would be. Where it says that

“a child under the age of 18 is encouraged, expected or required to take part in any activity that constitutes a criminal offence”,

first, there would be an argument about those child spies. Other people would presumably say that that was not what was happening there.

But there is a danger, particularly when we use that wording: “encouraged, expected or required” is very loose in terms of problems we might well have with agency of young people. We have already heard about anti-social behaviour; often that is committed by under-18s. Knife crime is often committed by under-18s. There is a danger that, in our attempt at fighting genuine exploitation of children to force them into criminal activity, we end up in a situation whereby young people, who I am afraid can on occasion be responsible for crimes, are able to say that they did not do it because they were encouraged or put under pressure and so on. I am just worried about the wording there.

Finally in this group—and this is not something I like doing, because I have enormous respect for the noble Lord, Lord Hunt—I absolutely disagree with his Amendment 9 on verbal harm. One thing that is quite interesting is this idea that we have to make young people—or everybody—aware of the dangers of verbal harm. The one group of people who are very aware of the dangers of verbal harm are young people and children because they are reared in a society that tells them that words are harmful. They are so embroiled in that notion that, as we know, they will say that they are victims because of words that have been said to them. We see this played out in schools, sixth forms and universities all the time, to the detriment of free speech.

People might think that is glib, but I am constantly involved in arguing the point with young people who say that words are as harmful as fists, knives and anything else and that they should not be exposed to individuals saying certain words because they are just as harmful as criminal activity. I do not want the Bill to give even more succour to this idea that words, which are often opinions that people do not like, are harmful. Even though words can make you feel uncomfortable, we must distinguish between words and actions, in my opinion, and not encourage young people to always think that they are victims of some crime if they hear words that they find unpleasant, even though I understand that some words are unpleasant to be on the receiving end of.

King’s Speech

Baroness Jones of Moulsecoomb Excerpts

Wednesday 8th November 2023 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I feel very shocked and sad about the death of the noble and learned Lord Judge. He was a kind, lovely man and I will miss him very much. We have had some excellent speeches today, including the three maiden speeches. I fear I will bring the tone down a little, because I am very angry—as usual—at what this Government have put into the Speech. It is a massive failure.

Our liberal parliamentary democracy is in danger. The right to protest has never been more restricted, while the power of state surveillance has never been more widespread. Protests can be declared illegal at the whim of police officers who believe they might cause more than minor disruption. A woman in a bright floral dress can be handcuffed at Ascot for possessing nail glue in her make-up bag and tourists or passers-by can be stopped and searched if a protest occurs near them. You can also be arrested for reminding juries of their right to act on their conscience—a right outlined on a plaque inside the Old Bailey. By contrast, undercover police and informers can be given legal immunity by their bosses for breaking criminal laws.

Our police are also replicating the widespread adoption of facial recognition by authorities in Russia and China without any democratic safeguards on this public identity parade. They are seeking further powers to break the everyday privacy measures that tech companies have introduced to safeguard our conversations and financial transactions. Look at the government plans to spy on the bank accounts of those receiving benefits, whether they are the working poor, disabled or doing their best as a carer. It is a new low in this Government’s constant vile behaviour. Never in our history have a Government intruded on the privacy of anyone’s bank account without very good reason. Now we are treating all people on benefits as potential criminals. If MPs think this is a good idea, let us ask them to go first. With all the cases of corruption, second jobs and undeclared incomes, would MPs be okay if the banks had the ability to raise red flags on their accounts? That seems to make sense—to test the system before we use it on other people.

After 13 years of Tory Britain, you can spend three years in prison for erecting a climate crisis banner above a bridge while violent men and sexual predators are quietly fast-tracked for release to help with prison overcrowding. However, we all know who is not facing jail time: the water company CEOs who fleeced customers for billions of pounds, filled our rivers with sewage and are now asking for our bills to go up so they can take even more of our money; Conservative Party members who benefited from the billions handed out via the PPE fast-track scheme and numerous other scams; and the Tory donors from the oil and gas industry who have had their payback through tax breaks, new licences and delays in the net-zero policy. Those are climate criminals who are costing us a fortune now and costing future taxpayers billions to clean up the mess and mitigate the damage caused by flooding, wildfires, food shortages and other climate catastrophes.

We need to repeal all the laws that this Government have enacted to restrict protest, strikes and voting. The minimum service levels that they are imposing on rail workers this Christmas are a form of slave labour, as people lose their right to strike. The Green Party would give people a positive right to protest, with legal backing to ensure the distinction between non-violent and violent protest. There is a strong tradition in this country of non-violent direct action, from people opposing the felling of trees in Sheffield to the rural campaigners who stopped fracking wells. That tradition is a democratic safety valve against corruption and state bureaucracy. Ending the corrupt system of contracts and privatised services will take more than a change of government—it needs a democratic revival.

Civil liberties are not a side issue in bigger policy debates; they can shape them. If you want to insulate homes in Britain and give consumers cheaper bills, do not clog up the prisons with people who campaign to insulate Britain. If you want to stop the climate’s lurch towards a planet-wide extinction event, then just stop oil and do not lock up the people who will be seen as heroes in 10 years’ time. Non-violent direct action is a democratic tradition that does not rely on big funders and corporate backers, which is why it resonates with ordinary people. That is also why juries often fail to convict when they hear what motivates these protests and, predictably, it is why the police are now arresting a lot of people for simply reminding juries of their right to convict according to their own conscience.

Finally, I will talk about the Government’s scapegoating of refugees. If the Met Police are looking for hate speech this weekend, they need look no further than the Home Secretary, as she is deliberately trying to divide people when we desperately need a Government who bring communities together. Not content with a broken country where everything has stopped working properly, we have a Home Secretary aiming to break the bonds of shared humanity between people. This Government’s secret contract to hire an expensive prison hulk to detain refugees is a disgrace. So is the Rwanda contract. However, both of these are a precursor to renting prison space in foreign jails for British nationals. Successive Conservative Governments since 2010 have increased jail time by 57%. It is a policy based on deterrence and they are now proposing to do the same with longer sentences, but it has done nothing to bring down crime.

This Government have lost touch with the real priorities of ordinary people. The sooner we can have a general election, the sooner we can get on with the job of fixing broken Britain and solving the climate emergency.

Illegal Migration Bill

Baroness Jones of Moulsecoomb Excerpts

Committee stage
Wednesday 7th June 2023 Lords Chamber

[Lord Davies of Brixton (Lab)]

My Lords, the following group, which I will lead on, deals specifically with the impact of this legislation on workers in the transport industry. I have one question on Clause 7(8) which places responsibilities on

“owners or agents of a ship, aircraft, train or vehicle”.

These responsibilities are onerous. Have the Government consulted the people involved and made an assessment of the impact? Will those issues be dealt with in a weighted impact assessment?

[Baroness Jones of Moulsecoomb (GP)]

My Lords, this Bill is about removing rights and making life as miserable as possible for some of the most vulnerable and desperate people in the world. I find it impossible to understand how we have ever come to this point. Part of this process is removing human rights with regard to access to the courts—removing the courts’ ability to intervene when the Government act unlawfully. How can that happen? How can this come to us in any sort of legislation? Detaining and deporting people without providing them with any legal advice, or even any information about how to obtain legal advice, all contribute to this denial of human rights.

I was in Belgium for a few days last week. I speak decent French and some German and there were times when I could not understand a word anyone was saying. The idea that we might not help people in a language they can understand and communicate in astonishes me.

We are in an absurd situation where murderers and paedophiles could be more kindly treated by the law than, for example, a desperate family who arrive in a small boat from across the channel.

Then there is the outrageous Clause 7. This is bonkers. When I first read it, I had to laugh—it sounds like something a two year-old might come up with. It says that the Secretary of State can commandeer

“any ship, aircraft, train or vehicle”.

So the border patrol—or whoever it is—can stuff people into somebody’s car and say, “Right, you are responsible for them. You get them out of the country”. It is astonishing. Who wrote this? How does this come from a Government whom we sort of hope might be able to tough it out for the next few months—actually I do not want them to tough it out; I want them to go. Presumably, this Government do want to tough it out, so why bring this sort of rubbish to this House? It is actually quite offensive.

In Clause 7, they are asking ordinary citizens—the British public—to act as border enforcement agents. I do not think any of us would want to do this, even the most rabid ERG member you could possibly think of. This is part of the problem with the Bill. It is not going to help the situation in any way at all. Is it designed to pander to the extreme right wing of the Government, so that they can say they are doing something and perhaps retain those votes? I have no idea. The thought processes are beyond understanding. Clause 7 is unbelievably bonkers.

It shows how this Government are trying to exploit Just Stop Oil, asylum seekers or people such as that to make the public think they are actually doing something about the problems these people are facing. I really hope that we defeat quite a lot of this Bill before it gets much further.

[Lord Bach (Lab)]

My Lords, what rights people have when they come into this country—unlawfully, the Government claim, although some of us would disagree—is surely an essential part of this Committee’s consideration of the Bill. I know the Minister is a member of the Bar and has practised in criminal courts and elsewhere, so he will understand instinctively how important the question of rights is for people who have just come into this country, often in a destitute state.

We know that later in Committee we will debate legal aid and the Lord Chancellor’s duties. Those are important matters to be considered then but I wonder, given the speeches that have been made on this group, whether he has something to say about the Government’s attitude towards the rights of people whom he or others may not like, but who do have rights when they arrive in this country. Do we just say that there are no such rights—no right to any advice or legal aid, if that is necessary, because they deserve what comes to them—or do we take the more sensible and British attitude that anybody who ends up on our shores and is in trouble should be entitled to some advice?

Sentencing Act 2020 (Magistrates’ Court Sentencing Powers) (Amendment) Regulations 2023

Baroness Jones of Moulsecoomb Excerpts

Tuesday 16th May 2023 Lords Chamber

[Baroness Sater (Con)]

My Lords, I share the anxieties and concerns of the noble Lord, Lord Ponsonby. I declare my interests as set out in the register, including as a former magistrate and, at present, a life member of the Magistrates’ Association.

I appreciate that the criminal justice system is currently experiencing—as the noble Lord mentioned—“downstream pressures”, as manifested in Operation Safeguard. Indeed, as has already been said, Ministers have said that this pause gives them time to review this measure, assessing relevant data across the CJS, with a view to reinstating powers should this be supported by the evidence. Ministers, however, have also been clear that the increase to sentencing powers is not the only factor behind this pressure, and that the data on the impact is still limited. In the light of this, therefore, I question whether it can be justified for this change to be made, given the impact it will have on magistrates delivering speedier justice. Surely it would be better to make this change only if the data clearly suggested that it was a significant factor behind the increased pressure we have seen.

As the noble Lord, Lord Ponsonby, has stated, this change has ramifications for slowing down the justice system for victims, witnesses and defendants, not to mention the hours of training by sitting magistrates. I would be grateful to hear from my noble and learned friend the Minister more on this, specifically regarding the process, what evidence and data are needed and when this review will be concluded.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, considering that we deal with a lot of very big Bills here in your Lordships’ House, this is quite a small issue, but for me, it encapsulates the panicky and misguided way in which the Government constantly tackle big problems such as our prison population and the justice system. It is an example of their wanting a quick fix for something that they have damaged over the last 13 years of austerity and incompetence.

I cannot comment on whether six months or 12 months is right—I do not have a magistrate’s training—but I can say that we have too many people in prison and we have to stop sending so many people to prison, particularly women. We also have to be clear, of course, that people coming out of prison need help if they are not going to reoffend. You cannot fix these big problems with tiny little tweaks such as this.

I do not understand why such knee-jerk reactions happen all the time with this Government. Where is the overview or the long-term planning? Where is the coherence for dealing with these big problems? This Government have tried to fix the whole justice system on the cheap. It has not in fact been cheap, of course, because it is very expensive to keep people in prison and train magistrates, while not giving people the support they need when they come out of prison, so they go on to offend again. Why not have a longer-term plan?

This Government have got, one supposes, another year. Please could they get some expert advice on this sort of thing and not keep flailing around? One minute it is six months, the next it is 12 months and then it is back to six months again. This is not good government; it just does not make any sense to do things like this. The court system is at breaking point and the prisons are way over full, so the Government should really now be thinking about how to solve these two problems. This, I would argue, is not the way to do it. The Government have broken our justice system and are now doing tiny little tweaks to try to fix it, which simply will not work.

[Lord Hacking (Lab)]

My Lords, the House is fortunate in having my colleague and noble friend Lord Ponsonby, and with some reason because he has sat for many years on the magistrates’ courts and has enormous experience of their functioning. We are also lucky to have the noble Lord, Lord Thomas, whose memory stretches back—I dare not ask him how many years—to his early days when embarking upon a career at the Bar, and to a certain magistrate whom he much respected in Wales. We are fortunate, too, to have the noble Baroness, Lady Sater, who is behind the Minister, and who also clearly has much experience as a magistrate, although I think she has ceased to be one.

In my experience, and this goes a long way back, magistrates are on the whole sensible people—after all, having been magistrates for 10, 15 or 20 years, they have become very experienced—and are not great senders to prison. Magistrates are actually reluctant to send people to prison, particularly for the reason that the noble Lord, Lord Thomas, presented. It does not do much good to have somebody in prison for three or six months to set a kind of an example. It does not work, or did not in my experience, for the normal kind of criminal offences involving theft and violence. But it was quite good for motoring offences, because it set a rather good example to all motorists. If the driver of a motor car who is otherwise without conviction misbehaves really badly in driving their car—these are normally citizens who have not had previous convictions —and they are sentenced to prison for a short time, that is a very big shock.

The central issue has been rightly raised by my noble friend Lord Ponsonby and by the noble Lord, Lord Thomas. There should be proper research on the figures to see whether the basis of this is right, because magistrates across the board do not have a record of imprisoning the people who appear in front of them. It seems to me that to change the sentencing policy down from 12 months, which is only a moderate period, to six months is complete nonsense. Magistrates should have that freedom. All that happens is that the appeals go up—in my day—from the magistrates’ sessions to quarter sessions, and, for many years now, to the Crown Court. One of the things that magistrates were able to do—I am sure this remains the position—was that, if they considered that they did not have sufficient powers to sentence the offender for a period of more than 12 months, they could send the case to the higher court and it could be dealt with there.

In summary, we are very spoilt by the presence of those who have experience in magistrates’ courts in this House. There should be proper research and I welcome all of those suggestions.

Offenders (Day of Release from Detention) Bill

Baroness Jones of Moulsecoomb Excerpts

2nd reading
Friday 21st April 2023 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I was quite annoyed when I saw this Bill appear in Forthcoming Business. I thought, “What? This hasn’t been fixed yet?” We have talked about this issue for years. I was then even more annoyed when I saw that the Government are supporting it. Why could they not do so sooner? I simply do not understand why we should accept throwing former prisoners out on to the street without any sort of support network. We already put far too many people in prison, and we do not concentrate enough on restorative justice and on expecting people to find out how to improve their lives and not get sent to prison—including, sometimes, for quite minor and inconsequential crimes.

A report was released today about a farmer who has been sent to prison for 12 months because he absolutely destroyed two sides of a riverbank which was extremely precious from an environmental point of view. Quite honestly, I would not have sent him to prison; I would have put him into community service for as many years as it took him to recover every single blade of grass and leaf that he destroyed. I think that we could do more of this.

This kind of incident happens quite differently in Scotland, as Scotland does not release people on Friday, when they do not have any support network left. Why, if Scotland does it, have we not done it sooner?

I welcome this Bill, although I am still angry that it has taken this long—but I am glad that it is happening at last.

Prison Capacity

Baroness Jones of Moulsecoomb Excerpts

Tuesday 6th December 2022 Lords Chamber

[Lord Bellamy (Con)]

As I think I said earlier, I am sure that a court would always prefer to impose a community sentence if it can.

[Baroness Jones of Moulsecoomb (GP)]

I would like to correct the Minister. He said in an earlier answer that part of the problem was the barristers’ strike. That is absolutely not true. Part of the problem is that the Government are not funding them properly; that is why we have such a problem. On a wider issue, the Government have started sending climate change protesters to prison for quite long periods of time. I suggest that it would be more appropriate to send the climate criminals to prison and let the protesters out.

[Lord Bellamy (Con)]

On a point of detail, the Government do not send anyone to prison. These are court decisions.

European Convention on Human Rights

Baroness Jones of Moulsecoomb Excerpts

Monday 18th July 2022 Lords Chamber

[Lord Bellamy (Con)]

I am not in a position to give fatherly advice to anybody. The Government do not support misogynistic or Islamophobic attacks on anyone. I have set out as clearly as I can the Government’s policy, and I shall doggedly pursue that policy unless and until instructed to the contrary.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, it must be obvious that our suspicion stems from having had a lot of legislation come through this House that has shown no concern for human rights or political freedoms, which is what the ECHR is all about. How can we be sure about the next Prime Minister—a Tory party Prime Minister from the collection of leadership candidates that we are all horrified about?

[Lord Bellamy (Con)]

The aim of the proposed legislation is to restore public confidence in the UK judiciary, to improve democratic accountability, to strengthen the right to free speech, to preserve the right to jury trial and to better protect journalists’ sources. I defy anyone in this House to vote against those objectives.