Police, Crime, Sentencing and Courts Bill

Lord Bradley Excerpts

2nd reading
Tuesday 14th September 2021 Lords Chamber

[Lord Bradley (Lab)]

My Lords, I declare my interests as set out in the register, especially as a trustee of the Centre for Mental Health and the Prison Reform Trust. I will comment today on just two issues relating to the Bill: community sentences and imprisonment for public protection.

To set this in context, I point out that I share the views, well expressed by the Prison Reform Trust, that, far from being the simplification of sentencing that is claimed, the Bill adds to the piecemeal and confusing history of sentencing legislation, of which the Government claim to be so critical. I believe that it does so without a coherent philosophy to underpin its approach, and it guarantees the continuation of general sentence inflation, which has played a large role in undermining the ability of both prison and probation services to deliver rehabilitation goals that the Government again claim to promote.

We should be considering how we effectively reduce, not increase, the prison population by the further development of robust community sentences for offenders who currently receive a sentence of perhaps up to 12 months. This should particularly be the case for the huge number of offenders who suffer from mental health problems. It is estimated by the Centre for Mental Health that nine out of 10 prisoners have at least one mental health problem and the majority have multiple and complex needs that are often exacerbated by complex imprisonment and the fact that custody itself undermines their well-being.

I believe, therefore, that the Bill should seize the opportunity again, as I recommended in my report to government in 2009, to boost alternatives to the use of prison for appropriate offences. The community sentence treatment requirement programme is of special importance here. Where a CSTR service operates, currently on 15 sites across the country, it gives magistrates and district judges a sentencing option whereby a community sentence including one, or a combination, of three treatment requirements—drug, alcohol and mental health—can be applied. Dealing with all these issues together has proved to provide far better outcomes, especially in respect of reoffending, than short prison sentences, where little can be done to tackle these issues, which often underpin offending behaviour. Will the Minister support the rollout of this programme nationally as soon as possible and make a commitment in her reply tonight?

Further, regarding women in the criminal justice system, the Government’s strategy for female offenders has a clear ambition significantly to reduce the prison population by better use of community sentences. Clearly, as a committed member of the Government’s advisory board for female offenders, I fully endorse this approach, but I believe, as do so many voluntary organisations working with women offenders, including Women in Prison, that the Bill is a huge missed opportunity to progress this agenda, with the continued use of short sentences, unnecessary remand and, appallingly, building an additional 500 prison places for women, with the result of tearing families apart, children being taken into care, loss of employment and loss of accommodation, at considerable social and economic cost.

However, where a community sentence is imposed there is real concern regarding Clauses 125 and 127. They would give probation officers the power to strip a person’s liberty in ways that go beyond the ways the courts have sanctioned by compelling attendance at additional appointments and increasing curfew periods. Given that the consequences of failing to abide by such additional restrictions could involve breach proceedings and even imprisonment, understanding the exact procedures by which these decisions can be made and appealed will be critical as we scrutinise the Bill. People with mental health problems or learning disabilities and women with caring responsibilities can find it especially difficult to comply with such measures.

Briefly, I add my voice to the huge concern relating to imprisonment for public protection sentences, which was so well articulated by my noble and learned friend Lord Falconer and the noble and learned Lord, Lord Brown, in particular. I will not repeat the devastating statistics presented by the noble and learned Lord, Lord Brown, but I repeat that IPP was abolished 10 years ago and there are still 207 people in prison today, more than a decade after their tariff expired. It is quite unacceptable. This situation must now be addressed urgently. I hope that the Government recognise that and that the Minister will support amendments to the Bill finally to resolve these cases, recognising public protection but providing fair treatment for these individuals.