Criminal Court Reform

Lord Bellingham Excerpts

Tuesday 2nd December 2025 Lords Chamber

[Baroness Levitt (Lab)]

I thank my noble friend very much for the question he raises. It is an important point and I am sure the rest of your Lordships’ House will want to pay tribute to my noble friend for the work that he did when standing where I am now, as well as for his long service as a magistrate. He speaks from great experience.

There are two reasons why the Crown Court Bench Division will not include lay justices. The first, as my noble friend will know, is that we do not have enough to staff that at the moment. We have enough justices to run the magistrates’ court and make sure that we do not then end up with a lot of backlogs there. We are running a recruitment programme and hope to recruit 2,000 more, but, at present, we do not have sufficient numbers. The second reason is about speeding up the process. Any judge who has sat on an appeal from the magistrates’ court always sits with two lay justices. It takes a lot longer because of the fact that consultation is required, whereas the point here is to make things faster and quicker. For those reasons, we are not going to adopt that recommendation of Sir Brian—and they are principled reasons.

As for the perfectly proper point about diversity, the judiciary is becoming more diverse. It is not where we want it to be but it is getting there. What it does have is extensive training in matters to do with issues of diversity, fairness and disproportionate impacts on particular sectors of the population. We do not really know what juries think about this because they do not have that kind of training, but we are satisfied that those issues can be dealt with within what is proposed.

[Lord Bellingham (Con)]

My Lords, as a former criminal barrister, albeit nothing like as successful as the noble Baroness was, I put on record my support for the noble and learned Lord, Lord Keen, and for the noble Lord, Lord Boateng. The Minister talked about the Government going ahead with “heavy investment” in courts and legal aid, and I certainly support both those initiatives. The Minister in the Commons said that to bring down court case backlogs:

“We need investment, structural reform and modernisation”.—[Official Report, Commons, 11/11/25; col. 20.]


However, has the noble Baroness seen the OBR report which states that after last week’s Budget, the MoJ’s capital budget is going to be cut by 3% per annum in real terms? Was she aware of that, and, in spite of that cut, can she confirm that this investment will still go ahead?

[Baroness Levitt (Lab)]

The answer to the noble Lord is yes. These are the matters of expenditure to which my right honourable friend committed himself in the other place, and they will go ahead.

Prison Services: Insourcing

Lord Bellingham Excerpts

Wednesday 5th November 2025 Lords Chamber

[Lord Timpson (Lab)]

I completely agree. Having run a business for a long time, and paid a lot of tax, I am very aware that I want it spent wisely. Let me give one example: BT does the majority of our phone contracts in our prisons, for prisoners to make calls to family and friends. I managed to reduce the cost of those calls by 20% by working with BT, and I think holding suppliers to account is part of my job. Maybe they do not like to come and sit in my office, but they frequently do and I challenge them to ensure we get good value for money.

[Lord Bellingham (Con)]

My Lords, the Minister quite rightly mentioned the importance of leadership. Did he see a recent report regarding two prison governors, who put out a statement saying they were going to introduce drugs-free wings? Why are there drugs in prisons? Surely it is an absolute aberration for governors to be talking in those terms. We should be removing all drugs from prisons.

[Lord Timpson (Lab)]

The noble Lord is right that drugs are a huge problem: 49% of prisoners who arrive in prison declare to us that they are addicted to drugs and alcohol. We then put them in prison with many serious organised criminals, who make their livelihood from supplying drugs. That is where we have the problem. We need more drug-free living wings. They are important and they help people turn their lives around. I also agree that we need to trust our governors and our leaders in prisons to make the right decisions for their prisoners.

Protection of Prison Staff

Lord Bellingham Excerpts

Tuesday 13th May 2025 Lords Chamber

[Lord Timpson (Lab)]

My noble friend is right that the best way to de-escalate a problem in a prison is by jail craft—understanding the complexities and knowing your prisoners. If we look at the tools available to prison officers, we see that the best one is their mouth, but we also need to look at what we can do to protect our staff, because they need protecting in some of our establishments where they are dealing with complex and dangerous prisoners.

[Lord Bellingham (Con)]

My Lords, one of the main causes of violence in prisons is the ready availability of illegal drugs. The Minister’s boss, the Secretary of State, stated the other day that it was her intention to try to rid our prisons of drugs by the end of this Parliament. Is that a realistic pledge?

[Lord Timpson (Lab)]

The noble Lord is right that drugs are a massive problem in our prisons. Some 49% of people arriving in prison tell us they are addicted to drugs, and then we put them in a prison with serious organised criminals who make a lot of money out of selling drugs to them, so clearly we have a problem. However, I am interested not just in tackling drugs getting into prisons—how we tackle drones and illegal contraband coming in—but in how people can leave prison not addicted, so that when they leave prison they do not go back.

Uncollected Financial Penalties

Lord Bellingham Excerpts

Tuesday 13th May 2025 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

I thank the noble Lord for that question. It is worth saying that, if somebody fails to pay a fine and they are imprisoned for that failure to pay, then the fine is written off. However, if somebody fails to pay a confiscation order and they are sent to prison, the compensation order amount is not written off. They are different. The other point worth making goes to the point that he made about the work of forensic accountants. A lot of the assets which confiscation orders are applied to are hidden assets, so there is an estimate—an informed guess, if I can put it like that—of the amount when making that confiscation order. Nevertheless, I take the point that he makes in his question. If I can add anything on the number of forensic accountants available to give advice to the court, I will write to him.

[Lord Bellingham (Con)]

My Lords, is the Minister aware that embassies across London owe a total of nearly £150 million in unpaid fines and charges? Obviously, under the Vienna convention, embassies are exempt from taxes but not from these fines and charges. What will the Government do about it?

[Lord Ponsonby of Shulbrede (Lab)]

What the Government will do is write to the noble Lord. After much time in this House, I know that this issue comes up very regularly. If there was a simple answer to that question, I am sure it would have been found. Nevertheless, it is a real issue. It undermines confidence in the parking fines system, and it undermines confidence within the wider community if certain groups are not paying their fines. It is a serious issue, and I understand that. If there is more I can say, I will write to the noble Lord.

Criminal Justice System: Capacity

Lord Bellingham Excerpts

Tuesday 22nd October 2024 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

I have just consulted with my noble friend Lord Timpson and I can reassure the noble Lord that we do have enough tags for the process which we are embarking on. I should also mention that both my noble friend Lord Timpson and I were fitted with a sobriety tag for a while to see whether it worked, and I can assure the noble Lord that it does work.

The noble Lord’s opening point was about more pressure on the police. That is right; there will be some more pressure on the police and also on the Probation Service and some social services such as housing. The philosophy underlying the Government’s SDS40 approach rather than the previous approach is planning down the whole pipeline, including people who will regrettably reoffend and how to deal with them. By managing this with a more planned approach, we hope and expect that we will reduce the chances of reoffending.

[Lord Bellingham (Con)]

My Lords, can I refer the Minister to the recent quite appalling race riots that took place during the summer? I think everyone agrees that those involved in violence and incitement to violence, including online incitement to violence, deserved extremely harsh punishment. But the Minister will be aware that many of these people had no previous convictions and posed no immediate threat to the public and yet nearly all were remanded in custody, thus putting greater pressure on the Prison Service. Can the Minister comment on this point?

--- Later in debate ---

[Lord Ponsonby of Shulbrede (Lab)]

I became a magistrate just under 20 years ago and at that point there were 30,000 magistrates in England and Wales. There are now about 14,000 and we are trying to get the number back up to 18,000. So, I accept the point the noble Baroness made on that. The other point is that in the youth court, magistrates have powers to sentence up to two years—I was a youth magistrate as well. The change is important and significant, but it is not such a big step change that magistrates will not be able to handle it in any way. I am confident that they will be able to handle it, and the backlogs in the magistrates’ courts are nowhere near as bad as those in the Crown Court.

[Lord Bellingham (Con)]

My Lords, may I seek some further clarification from the Minister? I asked him about remanding in custody and, having worked in the criminal justice system as a barrister, I am well aware that obviously the sentencing is up to the judges or magistrates. However, remanding in custody is not meant as a punishment; it is meant to protect the public.

[Lord Ponsonby of Shulbrede (Lab)]

Of course, I accept the point. The objective is not to change the number of people who are remanded in custody, because obviously that is a judicial decision, but to reduce the time those who are remanded in custody spend in custody. If we can do that through reducing the backlog, that will be a desirable effect. We think that some 2,000 days of Crown Court sittings could be saved by this change to the rules of magistrates’ sentencing powers.

Prisons: Education

Lord Bellingham Excerpts

Thursday 23rd March 2023 Lords Chamber

[Lord Bellamy (Con)]

My Lords, I cannot give the noble Lord the information he rightly seeks, but I will see if I can. Attendance at classes is an ongoing issue. It is sometimes due to staff shortages. We have introduced new KPIs for prison governors which include attendance, among other things, so I hope to see improvement in this area.

[Lord Bellingham (Con)]

My Lords, would the Minister agree that a vital part of prison education is to help former offenders into gainful employment at the end of their sentence? A number of businesses such as Timpson, under the inimitable Sir John Timpson, have done pioneering work in this field to help prevent recidivism. What more can the Minister do with his department to encourage other firms to follow Timpson’s example?

[Lord Bellamy (Con)]

My Lords, I entirely agree with my noble friend in paying tribute to Timpson. There are many other employers with which we are in close touch. The Prison Service has recently introduced prison employment advisory boards in all prisons and an employment innovation fund, and heads of education, skills and work will be established across the prison estate. This is all to improve post-prison employment, which is, I am glad to say, on the increase.

Queen’s Speech

Lord Bellingham Excerpts

Tuesday 18th May 2021 Lords Chamber

[Lord Bellingham (Con)]

My Lords, it is a pleasure to follow the noble Lord, Lord Foster, and I congratulate the two noble Baronesses on their superb maiden speeches, which were a delight to listen to.

I welcome the overall thrust of the Queen’s Speech, and I thought the Minister was extremely impressive in laying out for the House exactly what the programme entails. I want to concentrate on that part of the Speech that referenced Northern Ireland veterans. I would like to give it a cautious welcome, with some concerns. When I was in the other place, I was the founder of the all-party veterans’ support group, which has now become a full-scale APPG. I took a close interest in the Dennis Hutchings case, and I declare an interest because I have met him a number of times and know him well. As noble Lords will probably recall, Dennis Hutchings was serving in Northern Ireland in County Tyrone in 1974 and was part of a patrol that resulted in the killing of one John Pat Cunningham. The case was fully investigated at the time; there was absolutely no question of any of the soldiers on patrol being charged, and they were told to get on with their military careers.

















Fast-forward to 2010 and the Historical Enquiries Team, when these soldiers were investigated again, including Dennis Hutchings. He was told once again that there was no case to answer, that his case had been thoroughly investigated, and that he should get on with his retirement and enjoy the rest of his life. Eight years afterwards, in 2018, he was arrested in a dawn raid and has been charged with murder.

Obviously, that case is sub judice, but I can refer in detail to the Joe McCann case and the two members of the Parachute Regiment, Soldiers A and C. This case involved a notorious and wicked IRA killer. Soldiers A and C were charged with murder. The case was expected to last at least six weeks. As noble Lords will know, the case folded after a matter of days when the judge ruled that evidence gleaned from the original investigation and from the HET was not admissible. We now know that the former deputy head of the HET actually recommended that there should be no prosecution because no new evidence was available. Frankly, it is staggering that this case went ahead.

I am very concerned, because we are told that there are more than 200 cases in the pipeline involving veterans in Northern Ireland and that a number of them will go to prosecution quite soon. We know about the soldiers who have been charged as a consequence of involvement in the Bloody Sunday killings and the recent Ballymurphy inquest. I am concerned that no one has mentioned the impact on the lives of these soldiers and the fact that very few of these prosecutions will probably now have much chance of succeeding.

This leads me to the commitment in the Queen’s Speech on Northern Ireland veterans. The details are fairly sketchy, but HMG have made it clear that they are looking at some form of amnesty or truth and reconciliation commission. I am very nervous about this, because it would certainly imply at first instance some form of equivalence between soldiers and police officers doing their duty and those terrorists who had one sole aim in life: to go out there to maim and kill. Indeed, the noble Lord, Lord Rogan, and in particular the noble Lord, Lord McCrea of Magherafelt and Cookstown, in his typically passionate way, pointed out that these soldiers and police officers had no alternative: they were doing their duty, whereas terrorists did have an option.

I suggest to the Minister that there is a way forward that does not involve new legislation. In future, the Attorney-General should sign off all future prosecutions. There should be an override for the UK AG in terms of national security, so that every single case, be it terrorists who killed or soldiers involved in killings, would have to be signed off by the Attorney-General. Victims would know that these cases would not go uninvestigated and soldiers, veterans and police officers would be able to sleep at night knowing that unless there was compelling new evidence they would not be prosecuted.

Future of Legal Aid

Lord Bellingham Excerpts

Thursday 1st November 2018 Westminster Hall

[Ian C. Lucas (Wrexham) (Lab)]

rose—

[Sir Henry Bellingham (in the Chair)]

I think the hon. Member for Hammersmith (Andy Slaughter) has prompted an intervention.

[Ian C. Lucas]

I am grateful for the prompt from my hon. Friend; I was being a little cautious, compared with my colleagues. The dearth of advice in Wrexham, which is the largest town in north Wales, has a real impact. Even worse, until my last-minute intervention the Conservative-Independent coalition that runs the council was going to close our local citizens advice bureau. There is virtually no advice available. My constituency office has had to take on an extra caseworker to provide advice in the biggest town in north Wales.

Oral Answers to Questions

Lord Bellingham Excerpts

Tuesday 9th October 2018 Commons Chamber

[Mr Gauke]

The prisons Minister has set out a plan for 10 prisons that we are going to focus on. If the hon. Gentleman wants an explanation as to why we have chosen those specific 10 prisons, I am happy to meet him, and I know the prisons Minister would be happy to meet him. This is an area where we believe it is necessary to take action, and we have a plan to reduce violence in those prisons. If it works, we can look to extend it elsewhere. The fact is that we are gripping this issue. We are putting measures in place to address it, and we will deliver.

[Sir Henry Bellingham (North West Norfolk) (Con)]

8. What steps the Government are taking to prevent the use of mobile phones in prisons.

[The Minister of State, Ministry of Justice (Rory Stewart)]

There are basically four ways in which we can detect mobile telephones coming into prisons: we can get them at the gate, coming over the wall, in use on the landings and in the cells. We are addressing it in all those ways. We are increasing searching at the gates. We are putting up grilles and netting to stop phones coming over the walls. We are putting dedicated search teams into cells, and we are using equipment to detect phones in use.

[Sir Henry Bellingham]

I thank the Minister for that helpful reply. He obviously is aware that illegal mobile phones in cells are currently being used for drug trafficking, intimidating witnesses and other criminal activity. Can he make it 100% crystal clear that under no circumstances will he or the Secretary of State ever go down the route of allowing prisoners to have legal mobiles in their cells?

[Rory Stewart]

We are absolutely clear that a mobile telephone, and particularly a smartphone, in a prison is a form of weapon. It allows a prisoner to jump the prison walls, effectively; they can transfer money, record videos and intimidate witnesses. We are encouraging prisoners to continue to use regulated landlines in prisons to contact their families. We are investing in in-cell telephony, because keeping family relationships will reduce reoffending by 37%, but a mobile telephone is a weapon, and we will find them and remove them.

Oral Answers to Questions

Lord Bellingham Excerpts

Tuesday 10th July 2018 Commons Chamber

[Johnny Mercer (Plymouth, Moor View) (Con)]

7. What steps the Government is taking to tackle the use of drones over prisons.

[Sir Henry Bellingham (North West Norfolk) (Con)]

18. What steps the Government are taking to tackle the use of drones over prisons.

[The Minister of State, Ministry of Justice (Rory Stewart)]

Reducing the use of drones in prisons means four things: we must tackle the criminal gangs that organise the drones; we must tackle the people who fly them over the wall; we must ensure that we have electronic jamming equipment in place; and we need physical security in the forms of nets and grilles to prevent the prisoners from accessing those drones.

--- Later in debate ---

[Rory Stewart]

You are right, Mr Speaker; it does sound a pretty rum business. The serious point about drones is that, rather than flying over my back garden in Penrith and The Border, they are bringing illicit substances into prisons. Of the four methods I emphasised, the key way of dealing with that—the one that is the most important of all—is physical security. If we have the right nets and grilles, it is simply impossible for the prisoner to put their hand out of the window and take the drugs off the drones. Of the four methods, perimeter security is probably the most important.

[Sir Henry Bellingham]

I thank the Minister for taking the issue suitably seriously. Is he aware of a particular issue in a number of prisons, including Wayland prison in Norfolk, where the drone flyers have been acting with impunity and have become ever more brazen in their conduct? Will the Minister tell the House how far he has got in implementing the measures he has mentioned? Is there not now an argument for a specific new offence of flying drones in that way?

[Rory Stewart]

We have made a lot of progress on the issue. In prisons such as Liverpool, where the new grilles are coming in, and Chelmsford, where we have the new protective equipment in place, we can see that it is more and more difficult to get a drone into a prison. When the nets are working and the grilles are up, it is difficult to do. There are other things we can do, too. One central thing is intelligence operations to identify organised criminal gangs. We are introducing sentences—in a recent case someone who flew a drone into a prison received a seven-year sentence.