Sentencing Review and Prison Capacity

Lord Cryer Excerpts

Wednesday 23rd October 2024 Lords Chamber

[Lord Timpson (Lab)]

I thank the noble and learned Lord and the noble Lord for their welcome of the review, their excellent questions and suggestions and enthusiasm for what we are trying to do. I will try to answer some of those questions now.

Increasing the use of technology as part of community sentencing is something we should consider very seriously. It is not just about the conventional electronic monitoring and the tag. Other countries have far more advanced technology than we do, including Spain, which is a country I am going to look at shortly to understand what we can learn from them. A lot of it is about the data it collects and the reassurance to victims from that data and how it can support them.

The noble and learned Lord is correct that the more tags we put on people, the more work that creates for others. I have mentioned in the House before that we are recruiting 1,000 probation officers and 4,000 more police officers. But it is not just about recruiting them; it is about training them and settling them into their jobs, which takes time. We need to make sure that we do not rush at it, but one thing I can guarantee is that we are not short of tags.

On the point about remand offenders being tagged in the community, for me this comes back to trust and how much the courts can trust tagging and how effective it is at reducing reoffending. When it comes to offenders being at home for a lot of time during the day, if I had the choice between being in prison or being on a tag at home, I would much prefer to be at home reading my kids bedtime stories and helping them with their homework to being behind a cell door.

I am concerned about highly prolific low-level offenders and what we do with them—the noble and learned Lord raised this. A few weeks ago, I spent two days in Preston Prison, following an officer, Steve, around as he did his job. One thing that was very clear was that a lot of the prisoners he spoke to he had known for the last 32 years that he had worked in that prison. They were coming in and out from when they were young to when they were old men. So, as part of the review, we need to consider whether custody for longer periods is the right thing for them. Public sentiment about crime and what we are doing depends on how good we are at reducing reoffending. When 80% of offending is reoffending, something is clearly going wrong. We need to deal with that, but we need to do so as part of the sentencing review and the other things I intend to do in my role.

On money, we are engaging with the Treasury on the spending commitments needed to progress our delivery plans. But, like noble Lords, we will wait for the Budget, which is not too far away. For me, the priority is protecting the public; that has to come before anything else.

On new prisons being built, one is being finished off in York: HMP Millsike, which will open in the spring. We will publish a 10-year capacity strategy soon. I do not have any further details on the planning proposals yet, but I know we have the willingness to make sure that we can build prisons where we need to.

Finally, I feel that £50,000 a year for every foreign national offender in prison is quite expensive when we could be sending some of them home. But what is important is that we work with our Home Office colleagues to make sure that we process the paperwork as fast as possible.

[Lord Cryer (Lab)]

My Lords, we now have 20 minutes of Back-Bench questions. To paraphrase what my noble friend said, can we have questions, not statements, so we can get as many noble Lords in as possible?

--- Later in debate ---

[Baroness Fox of Buckley (Non-Afl)]

My Lords—

[Lord Cryer (Lab)]

My Lords, we will hear from the Liberal Democrat Benches, which we have not heard from as yet.

[Baroness Hamwee (LD)]

My Lords, perhaps the review could be so bold as to look at the legislation which deals with mandatory sentencing and minimum sentences. The support around the House for community sentences is very welcome, but I think the Minister will agree—and perhaps he will confirm this—that community sentences need providers of treatments for mental health, alcoholism and so on, and all the services which support offenders. Will the review extend to the support for those providers and the whole gamut of what makes up a good community sentence?

Oral Answers to Questions

Lord Cryer Excerpts

Tuesday 20th February 2024 Commons Chamber

[Alex Chalk]

I certainly will meet my hon. Friend. He has been assiduous for many years in raising this matter on behalf of his constituents. The Parole Board does an exceptionally good job. There are two cases in which decisions appear to have been overturned because they were irrational, and that is why I am meeting the Parole Board tomorrow.

[John Cryer (Leyton and Wanstead) (Lab)]

The Justice Secretary mentioned the duty of candour that he imposed on the police. Has he considered legislating to introduce the same for all public bodies?

[Alex Chalk]

I can say that we want to extend that duty to healthcare settings, because we do not want health professionals closing ranks when something goes wrong. It is important to say that since Hillsborough there have been so many changes, including through the Inquiries Act 2005, which mean that there can be criminal liability for those who do not do what the hon. Gentleman and I must think is a matter of common sense, which is to tell the truth.

Oral Answers to Questions

Lord Cryer Excerpts

Tuesday 9th January 2024 Commons Chamber

[Alex Chalk]

I am grateful to my right hon. Friend, who, with his customary precision, puts his finger on that appalling injustice. The suggestion that he makes is receiving active consideration. I expect to be able to make further announcements shortly.

[John Cryer (Leyton and Wanstead) (Lab)]

I add my support to the comments made by the hon. Member for Hertford and Stortford (Julie Marson). Cuckooing is a terrible activity, and making it a specific crime not only makes sense but would, I suspect, lead to the prosecution of other crimes such as drug dealing.

[Alex Chalk]

As I indicated, I will have a conversation with my hon. Friend the Member for Hertford and Stortford (Julie Marson) about that. There is very likely to be a substantive underlying offence, be it handling stolen goods, possession with intent to supply or firearms matters. This has been considered by way of discussions with criminal justice partners, but if there are further matters to consider with my hon. Friend, and indeed with the hon. Gentleman, I would be happy to have those conversations.

Oral Answers to Questions

Lord Cryer Excerpts

Tuesday 21st November 2023 Commons Chamber

[Alex Chalk]

I am grateful to my hon. Friend, who is such a champion on this issue. He is right, and to increase the number of staff we have increased pay, accepting the recommendation of the independent pay review body in full. That means an increase of 7% for band 3 to band 5 officers, which is wing officers up to custodial managers. We are also backing our officers with the roll-out of body-worn videos for every officer on shift, as well as PAVA spray in the adult estate. The net result is that the resignation rate is down significantly. That means more people remaining on the wings, improving the quantity and quality of our prison places overall.

[John Cryer (Leyton and Wanstead) (Lab)]

May I welcome the Under-Secretary of State for Justice, the hon. Member for Newbury (Laura Farris), to her well-deserved place on the Treasury Bench? As well as expanding prison capacity, has the Secretary of State looked at the possibility of investing in women’s centres? That was part of the Government’s female offender strategy, but it also has a proven track record in cutting reoffending?

[Alex Chalk]

I thank the hon. Gentleman for his kind words about my hon. Friend. Yes, absolutely; where the court determines that an alternative disposal is appropriate, we are keen for non-custodial options to be available. That is why we are investing heavily in alternatives. There are cases where women offenders must go to jail, but where that is not necessary we want to ensure that alternatives remain so that rehabilitation can take place in the community.

Oral Answers to Questions

Lord Cryer Excerpts

Tuesday 12th September 2023 Commons Chamber

[Damian Hinds]

I join you, Mr Speaker, in welcoming the hon. Lady to her place and similarly look forward to working with her. I can bring her good news. First, there is an education service operating in every prison, with four contracted providers. We also have additional provision that governors can put in place, but for the new service that she mentions—it was indeed a manifesto commitment—the process is well under way. I look forward to being able to make further announcements before long.

[John Cryer (Leyton and Wanstead) (Lab)]

3. What steps his Department is taking to reform the criminal justice system to help tackle violence against women and girls.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

10. What steps his Department is taking to reform the criminal justice system to help tackle violence against women and girls.

[The Minister of State, Ministry of Justice (Edward Argar)]

The crimes associated with VAWG are abhorrent, which is why we have already taken significant action to strengthen the criminal justice system’s response to it, including for example through our end-to-end rape review, driving up prosecutions, and the introduction of new protections for victims through the landmark Domestic Abuse Act 2021. Much has been done, but we are ambitious in wanting to go further.

[John Cryer]

I understand what the Minister is saying, but it takes two years or more for rape cases to come to court, and 69% of victims withdraw from the cases before they come to trial. Has the Minister had the chance to look at our proposal for specialist rape courts in every Crown court in the country?

[Edward Argar]

I crave your indulgence, Mr Speaker. May I take this opportunity to pay tribute to the hon. Member for Cardiff North (Anna McMorrin), who shadowed me for some time, and to the hon. Member for Lewisham West and Penge (Ellie Reeves), who also did so? I wish them both well, although given the latter’s election co-ordination role, hopefully not too well.

It remains our priority to deliver swifter access to justice for victims of rape. As the hon. Gentleman says, the experience of attending court is incredibly difficult for them. That is why we have committed to increasing the number of independent sexual violence advisers and independent domestic violence advisers to more than 1,000 over the next three years. In June 2022, we announced our ambitious specialist sexual violence support project in three Crown courts, aimed at improving facilities and technology.

On the hon. Gentleman’s specific question, I would urge a degree of caution on those proposals. Listing is a judicial prerogative, and it is important we retain flexibility in the use of the court estate to maximise the use of courts and judges’ time for a range of offences and to meet the needs of the courts.

Oral Answers to Questions

Lord Cryer Excerpts

Tuesday 27th June 2023 Commons Chamber

[Damian Hinds]

My hon. Friend is right about the paramountcy of safety for our brave staff, which is why we have been investing in security, body-worn cameras, PAVA spray and so on. He is also right that prison officers are often hidden heroes in our society, and they do not always get the recognition they deserve. As it happens, this evening is His Majesty’s Prison and Probation Service staff awards, which I am looking forward to attending, and I am keen to find more ways to publicly recognise these incredible people for what they do. His suggestion of a Prison Officers Week is interesting. More generally, I hope all colleagues will take the opportunity to visit their local prisons and to speak directly to prison officers.

[John Cryer (Leyton and Wanstead) (Lab)]

According to the Prison Officers Association, the turnover rate among officers is still very high. What discussions has the Minister had with the POA about not only recruitment but retention?

[Damian Hinds]

I have spoken to the POA about recruitment and retention, as the hon. Gentleman would expect. We have recently seen about a 1 percentage point improvement in the resignation rate, which is significant, but we have to make sure that all aspects of the job are right. Of course it is about pay and conditions, but it is also about things such as safety and making sure prison officers have the right support for what can be, mentally, a very difficult and straining job.

Oral Answers to Questions

Lord Cryer Excerpts

Tuesday 16th May 2023 Commons Chamber

[Alex Chalk]

My hon. Friend is right. Crime is crime, and cultural sensitivities should play no part in the police’s enthusiasm for cracking down on it. I am pleased that 20,000 police officers have been recruited, fulfilling the Government’s manifesto commitment. That means that there are more officers on the street not just deterring crime, but ensuring that arrests can be made and people can be brought to justice.

[John Cryer (Leyton and Wanstead) (Lab)]

I realise that the Secretary of State has only recently been appointed, and I welcome him to his place. Does he have any plans to undertake an assessment of the functioning of the law on joint enterprise?

[Alex Chalk]

The law on joint enterprise is a sensitive issue. I happen to know that it can be a very important prosecutorial tool to ensure that those who have helped in or encouraged the commission of a serious offence can be brought to justice. The hon. Gentleman will be aware that the Court of Appeal considered very carefully the scope of the law of joint enterprise to ensure that it catches only people who are truly culpable. There are currently no plans to reform the law, but I will of course consider that sensitive matter if he wishes to raise it with me. I would be happy to have that conversation.

Rape: Criminal Prosecutions

Lord Cryer Excerpts

Tuesday 28th June 2022 Commons Chamber

[Victoria Atkins]

There are many ways in which we can support victims. One is through specialist support such as ISVAs and the victims charities that do such a vital job of working with women and victims of sexual violence. Another thing that we are in the process of setting up is a 24/7 support line for victims of sexual violence, and I am extremely grateful to Rape Crisis for its help on this. We are testing it carefully over the next couple of months to ensure that we understand when peaks and flows will necessitate proper staffing, but we are absolutely committed to providing those services so that victims can get the help they need when they need it.

[John Cryer (Leyton and Wanstead) (Lab)]

On the basis of what the Minister said earlier, will the number of rape prosecutions be doubled by the end of this Parliament?

[Victoria Atkins]

We have measured it very carefully and we have committed to doubling the number of cases received in the Crown court by the end of this Parliament. This is a work in progress.

End-to-end Rape Review

Lord Cryer Excerpts

Monday 21st June 2021 Commons Chamber

[Robert Buckland]

I pay tribute to my hon. Friend’s assiduous campaigning on this most grave and disturbing case. The decision to reconsider is one that I am looking at very carefully. I am taking the fullest advice and will make an announcement within the 21-day period, which will be very soon.

[John Cryer (Leyton and Wanstead) (Lab)]

The Justice Secretary’s statement referred to rolling out the pilot to all Crown courts, but we all know that it will be rolled out immediately to only nine Crown courts out of 70-odd. On the basis that during the two years that it took to publish the review, there were 100,000 reported rapes, at what point will he reach every Crown court in the country?

[Robert Buckland]

The hon. Gentleman is right to press me on speed. I remind him that the decision to publish the rape review now was made in the light of a very important judicial review that was mounted by representatives of the sector; I listened to their representations and quite rightly waited for the outcome of that important case before publishing. However, I take the point. I am as anxious as he is to get on with things, but in respect of the section 28 roll-out I have to work hand in glove with the judiciary, who are operationally responsible: for example, a listing of a section 28 remote cross-examination will take some time in the court day. We have seen some really good examples in which it is working well, but I am listening very carefully to the judiciary’s observations about how it can be rolled out fully. I will push as hard as I can to achieve my personal ambition to see section 28 become the norm. Through the scorecard mechanism that we are introducing, we will be held accountable at regular intervals and he will have an opportunity to press me if he does not think that it is going fast enough.

Oral Answers to Questions

Lord Cryer Excerpts

Tuesday 12th March 2019 Commons Chamber

[Rory Stewart]

This is absolutely central. Getting on top of cell searching—making sure that we understand what is in a cell, what should not be in a cell, getting the mobile phones and getting the drugs—is vital to having the baseline for a safe prison, so we are investing in more dog teams, in more mobile phone detection equipment and in dedicated search teams across the estate.

[John Cryer (Leyton and Wanstead) (Lab)]

In the past eight years 7,000 prison officers have been lost. That means that there is still a deficit, on the Minister’s own figures, of 2,300, with attacks on officers going through the roof. At what point will the number of officers rise to the level where safety is assured?

[Rory Stewart]

We believe that the current number of 4,700 is the appropriate number that we require—in particular, because it allows us to deliver the key worker system. We continue to use operational support grade staff on perimeter security. We think this is the right balance.