Home Detention Curfew and Requisite and Minimum Custodial Periods (Amendment) Order 2024

Debate between Baroness Newlove and Lord Marks of Henley-on-Thames

Tuesday 10th December 2024 Lords Chamber

[Baroness Newlove (Con)]

My Lords, both as Victims’ Commissioner and a victim going through the criminal justice system, I was horrified to read the NAO report published week which assessed government plans to expand the prison population. The report told us that on current forecasts the population would exceed prison capacity by 12,400 by the end of 2027. It is impossible to see how this can be absorbed by any building programme, let alone one that can be completed in just three years. It leaves the Government in an impossible position of having to explore all alternatives and it is against this backdrop that we find ourselves here today.

I am told that the home detention curfew scheme is hugely effective. Other than in the context of reducing the prison population, I am not sure how this statement can be made. As far as I am aware, there has been no recent evaluation of the scheme, but I would be interested to hear on this point from the Minister. Prison governors are responsible for selecting offenders who are suitable for the scheme. It is to their credit that compliance levels are relatively high. However, can we really be confident that current compliance levels will remain if the scheme is, in effect, doubled in length? Again, I would be interested to hear the Minister’s view.

It will come as no surprise when I say I come to this debate from the perspective of the victim. As I have said before, most victims seek justice, not vengeance. On hearing a sentence being delivered, the victims expect the sentence handed down to be served in full. This is not unreasonable; surely it is what we mean by justice. Victims listen to the remand time that has been deducted from the sentence; they know that part of the sentence will be served on licence, but they struggle to accept a prison sentence being reduced—by up to 12 months—through one or other early release scheme simply to reduce prison population pressures.

I fear that retrospective pruning of sentences by all successive Governments over the years has had a corrosive effect on public confidence in our justice system. How can you trust a justice system if all Governments keep moving the goal posts? It also adds an extra layer of complexity on sentencing and, heaven knows, sentencing is already complicated in the first place.

I make a plea to this Government and future Governments: let this be the very last time we have to extend an early release scheme to bail us out of another prison crisis. We need a sustainable sentencing regime where the sentence handed down is the same as that victims hear and the same as that the offender will serve, and we need a prison system that has the resilience and the means to meet the challenge.

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

My Lords, we support the principle of this order and I thank the noble Lord, Lord Ponsonby, for his helpful introduction and explanation of it. He acknowledged, indeed asserted, that the background to the measure is the capacity crisis of which we have spoken over a number of years under the previous Government. This order is, in essence, the amendment of an emergency measure taken in the face of extreme pressure on the Government as the space in prisons simply ran out.

We recognise the need to extend the time, in the face of the continuing crisis, that may be spent on home detention curfew or HDC. It is significant that the reoffending rates among HDC prisoners are lower than those among the prison population at large on release. We also recognise that, for the technical reasons that the noble Lord has outlined, there need to be changes to the range of offences where eligibility for release under SDS40 is established.

As prisoner numbers have risen, with longer sentences resulting from sentence inflation, from legislation introducing longer sentences and legislation imposing longer periods which have to be served in custody as a proportion of the whole sentence, we have to look at how we deal with this crisis in the future.

While we support the principle of this order and the orders that have preceded it, I will ask the Minister for assurances in two specific areas before making a number of general points. First, it is an essential part of the early release scheme that offenders be tagged and that, when tagged, they are properly monitored within the community. Many were alarmed by the number of reports at the beginning of this scheme of offenders being released without tags. The noble Lord, Lord Timpson, described that as “completely unacceptable”, and we agree. It would be helpful to hear from the Minister details of steps the Government have taken to ensure that nothing like that can happen again. It would also be helpful to hear further details of how well the steps taken to monitor prisoners who are tagged on release are working in practice.

Victims and Prisoners Bill

Debate between Baroness Newlove and Lord Marks of Henley-on-Thames

Committee stage
Wednesday 7th February 2024 Lords Chamber

[Baroness Newlove (Con)]

My Lords, I support the probing amendment from the noble Baroness, Lady Brinton, which is an opportunity for the Government to look at court order compensation.

The compensation for victims when they leave a court is not the amount they receive and it takes many years. I will not repeat what the noble Baroness has said—it is on my sheet as well—but, for the victims I meet, compensation causes further problems and trauma. It gets worse if victims apply for criminal injuries compensation, because the court order compensation is deducted from any award that is made. This is fine where the court order compensation is paid, but, if not, the victim is left worse off as a result. I agree that we should look at how the Netherlands pays up front.

I know that there is no money tree but, to make it smooth for victims, instead of being for the offender to hide once again and use as a tool in financial cases for coercive control, I hope the Government will review this court order compensation scheme. I know from speaking to judges that they know that, when they award this, the offender will pay it in dribs and drabs. Now is the time for a good review of this.

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

My Lords, I will briefly address both amendments.

On the amendment from the noble and learned Lord, Lord Garnier, supported by the noble Lord, Lord Sandhurst, I completely agree with the need for a review and the points made by the noble and learned Lord. His speech dealt largely with corruption, but the amendment deals with bribery and money laundering, which gives rise to significant hardship in countries where it can bite. The weakness of our system is that there is no real provision for proper compensation or properly assessing compensation—even in domestic cases, let alone international ones—where there is a conviction but the degree of loss has not been properly investigated. Noble Lords will no doubt have a great deal of sympathy with the noble and learned Lord, who was allowed to address the judge out of consideration and kindness but had his submissions rejected because there was no legal standing.

--- Later in debate ---

[Baroness Newlove (Con)]

My Lords, I support this amendment. The Manchester Arena terror atrocity in 2017 chilled every parent in the country. When you watch your children head off to a concert or a party, excited and happy, you are never at ease until they are safely home. I have met many victims from this concert, and I have to say that it saddens me every time I hear about it. What happened that night is every parent’s worst nightmare and our hearts go out to them. We can only imagine their grief, which is still there today, and it is a loss from which they will never recover.

All of us in this Committee will want to be sure that these parents have all the support they need—this is what the Bill is all about. It is therefore deeply upsetting to hear that, after these parents sat through what must have been a harrowing public inquiry, they were then told that the registration of their children’s deaths would be done not by them but by a local authority official. This is bureaucracy at its most cold. The treatment of bereaved families by the state will always have a profound impact on their recovery. For those parents, being able to register their children’s death was, for them, an important step in their grieving process and it should be their right, as the parents, to have that facility.

It would appear that under the Home Office’s Births and Deaths Registration Act 1953 and the Ministry of Justice’s Coroners and Justice Act 2009, it is standard practice for a registrar to register deaths involving an inquest or inquiry. I understand that, if a person dies in usual circumstances, such as due to a health condition, a close relative can personally register their death. I did that in September for my mother, so I know that it is important. However, I am told that if they die in a major incident, it falls to the registrar. I also acknowledge that not all relatives want to register the death of a loved one, as in most cases, an interim death certificate is given soon after the incident for funeral arrangements —something I know about personally as well—but I want to see families being given a choice.

Having been to see so many Ministers is an insult: not just that they have been told “Yes, yes, yes” and then something else has been done, but every time they speak to a different Minister, it drains them. That they are having to explain, as parents who have lost children in the most horrendous way, beggars belief. What I am asking the Government and the Minister—all that is being asked for in this amendment—is that they be given that choice: that an extra space be found in the toolbar for the certificate, so that when a close family member wishes to be noted on the certificate, this can be achieved, without interfering with the coroner’s findings.

I understand that, sadly, it is too late for the victims of the Manchester Arena bombing, but I feel sure it will bring some solace to them that they have achieved something for future victims and can actually say “Goodnight” to the children they have lost.

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

My Lords, I wish briefly to add my support to this amendment. It seems to me that there is no good reason why the amendment should not be passed. We have heard from the noble Baronesses, Lady Newlove and Lady Thornton, about the emotional effect of suffering deaths of relatives in major incidents. It is quite clear that the emotional impact is severe. It is also quite clear that some alleviation, some relief, may be found in the process of registering the death. Why on earth should a relative not be able to register the death if they so choose? For that reason, I can see no reason to resist this amendment.

Victims and Prisoners Bill

Debate between Baroness Newlove and Lord Marks of Henley-on-Thames

Committee stage
Wednesday 31st January 2024 Lords Chamber

[Baroness Newlove (Con)]

Unfortunately, there are no rooms available to do that. I would love that—and I welcome my noble and learned friend the Minister’s warm tone in hoping that there were—but there are not. I went past two rooms in the murder trial that were video-link rooms. There are no rooms in our court buildings for families, witnesses or anyone else to watch privately and be taken care of. That is why it is so important that we try to assist them by giving them these scripts, so they can reflect on the proceedings whenever they want to.

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

That would be enormously helpful in many civil and family cases as well, and it simply is not available.