Prisoner Releases in Error

Lord Reid of Cardowan Excerpts

Thursday 13th November 2025 Lords Chamber

[Lord Timpson (Lab)]

I will not be giving a running commentary on the numbers, but we will be publishing the breakdown of all that detail in the normal way in July next year. It is important to recognise that 91 released in error is too many. We need to learn from what Dame Lynne Owen’s review finds out and act upon it, but we also need to get going now. That is what we have done. We have had the first board meeting of the justice performance board. We have set up the urgent warrant query unit, which is going to be helpful because we recognise that is where a number of the issues occur. The digital rapid response unit has gone into Wandsworth and—this is where the AI element comes in—it has already recognised that there are four common points of failure that it thinks AI will significantly help, although it will not help all those issues. We have an awful lot to do, and it is a challenge I am looking forward to embracing.

[Lord Reid of Cardowan (Lab)]

My Lords, I have a considerable sympathy for the Minister. I am certain that under previous Secretaries of State for Justice and Home Secretaries, including me, there have been frequent inadvertent releases of prisoners. My noble friend is right that the past 14 years and the cuts of thousands of prison officers cannot have helped this situation, so I wish him well. My question to him concerns the victims, because I am sure all noble Lords can imagine, perhaps even understand, the fear and distress that victims and their families suffer when they learn of such mistaken releases. Can the Minister assure us that everything has been done to inform victims and their families promptly and fully if an offender is mistakenly released? Will he say something about the measures that have been taken to ensure that that is the case?

[Lord Timpson (Lab)]

I thank my noble friend for the question, especially referring to victims. Victims always have to come first. I appreciate what a difficult time it must have been for victims and their families knowing that prisoners who they thought were in prison were actually out in the community. Where a victim has a victim liaison officer and is part of the victim contact scheme, they will be engaged in that process. It is important to me that that happens. I refer to my noble friend’s initial comment around the fact that this has been a problem for some time. That is one of the reasons why in my speech I specifically said that I know that the previous Government were trying to improve this. Across government, politicians and civil servants have been trying to improve accuracy and systems. This is something that we need to embrace, but as part of the process, we need to understand that victims come first, and the damage this does to victims is significant.

IPP Sentences

Lord Reid of Cardowan Excerpts

Monday 15th September 2025 Lords Chamber

[Lord Timpson (Lab)]

The Parole Board is the best way to determine whether someone’s risk is sufficient to be managed in the community. It is important that when IPP prisoners go in front of the Parole Board, they are prepared in a way to have a successful release. That is why the IPP action plan is the right way to go, and why we are seeing significant increases in the number of people released and rereleased. We need to make sure that the IPP action plan works but also—this is one of the things I am doing for most of my days—that our prisons are good prisons that rehabilitate people and that when they leave, they do not come back.

[Lord Reid of Cardowan (Lab)]

My Lords, can I commend the Minister’s approach? There are two sides to this story. One of them is obviously the points made by the noble Lord, Lord Moylan, about the difficulties faced by people who are indefinitely detained, but the other, which the Minister has, thankfully, mentioned every time he has had to speak on this issue, is the interests of the public and public safety. Therefore, the action plan, which tries to balance those two interests, is exactly the right way to approach this.

[Lord Timpson (Lab)]

I thank my noble friend for his comments. What is important is that the Parole Board is doing a fantastic job; its staff are fantastic public servants. The release decisions are steady: 45% of hearings over the past five years have led to a positive release. The reason why I think that this is going in the right direction is that these people are increasingly complex individuals. That is why the IPP action plan is working; we need to keep the pressure on. One thing that I bring from my experience of running a business is improving everything, having targets, having real focus and holding people to account.

Police, Prison and Probation Officers

Lord Reid of Cardowan Excerpts

Tuesday 13th May 2025 Lords Chamber

[Lord Timpson (Lab)]

I hope we will not have to wait too long for the Independent Sentencing Review; I may need to ask some noble and learned Lords about what the exact dates are. The best day I have had in this job—and I have had lots of really good days—was going to the intensive supervision court in Birmingham. It was incredibly uplifting seeing female offenders coming up from the cells in the morning looking very ill and then seeing how the lives of those who have been engaging with the intensive supervision court for six months have changed. But they knew that they had to engage with probation, housing and often drug and addiction work—and, if they did not, they went to prison.

[Lord Reid of Cardowan (Lab)]

My Lords, I thank the Government and congratulate them on the re-establishment and re-emphasis of neighbourhood policing. The running down of neighbourhood policing was a terrible mistake by the last Government. Will my noble friend the Minister accept that neighbourhood policing is not just an essential element of effective policing but crucial to the confidence that the public have in the police service, because they can see police on the beat and in their own neighbourhood?

[Lord Timpson (Lab)]

Neighbourhood policing is the bedrock of British policing, and it is the right model for us. We lost 20,000 police officers under the last Government, but we expect up to an initial 3,000 neighbourhood officers in neighbourhood policing roles by the end of next year. Every community deserves visible, proactive and accessible neighbourhood policing, with officers tackling issues that matter to people.

Drones: High-security Prisons

Lord Reid of Cardowan Excerpts

Wednesday 15th January 2025 Lords Chamber

[The Minister of State, Ministry of Justice (Lord Timpson) (Lab)]

The noble and learned Lord is completely right that drones pose a major and serious threat to all our prisons. I have been visiting Manchester prison for over 20 years, and I went there just before Christmas, in the light of the problems that it has. I saw for myself the issues that staff are dealing with, with 49% of the prisoners arriving in the prison being addicted to drugs. I cannot share the counter-drone tactics as that would play into the hands of sophisticated and serious organised criminals. I can assure the noble and learned Lord that we are currently getting on with a number of fixes, but the biggest fix is ensuring there is no market for drugs and weapons in the first place, and that people in prison are there to get on with their sentence, get educated and do purposeful activity, so that when they are out, they stay out.

[Lord Reid of Cardowan (Lab)]

Will the Minister confirm the magnitude of the challenge that he has inherited? Is it not the case that, during the period of the previous Government, there was an increase in drug finds of 44%? In the year until March last year, there was an increase in weapon finds of 24%. The Minister now faces a challenge because of the fact that, over the past 14 years, very little has been done to confront the challenge.

[Lord Timpson (Lab)]

The noble Lord is completely right that the prisons I am visiting now are very different from the prisons I visited 15 or 20 years ago. The buildings are often in decrepit states of repair. We have a lot of new staff who are still learning the skills of being a prison officer and we have an awful lot more to do to ensure that people, when they are in prison, spend their days purposefully, not just sitting in their cells.

Sentencing Review and Prison Capacity

Lord Reid of Cardowan Excerpts

Wednesday 23rd October 2024 Lords Chamber

[Lord Reid of Cardowan (Lab)]

My Lords, I completely support the general thrust of the Statement and the principles underlying it. Of course we will have problems with the Treasury—every department does on every occasion—but I completely welcome it, in particular the appointment of David Gauke. That is a very good start to the bipartisan approach, which I have no doubt will be shared by the opposition spokesman, in his usual supportive role.

On a specific point, right now the evidence shows that over half of adults on short-term sentences will reoffend—that is a terrible number. Meanwhile, community orders have a much lesser extent of reoffending: I think the figure is 34%. Can the Minister assure me that why and how that might be replicated will be considered in the review?

[Lord Timpson (Lab)]

I thank my noble friend. Like him, I am pleased that David Gauke has agreed to chair this review panel. I have worked closely with him—he was one of my trustees at the Prison Reform Trust—so I know not just how capable he is but how enthusiastic he is for prison reform. We will shortly announce the rest of the panel and I am sure my noble friend will welcome them as enthusiastically.

I agree with my noble friend about community sentences for adults who would otherwise have short-term sentences. I have been in prisons for 22 years and I have seen too many people go in and come out no different. We need to use the opportunity when they are in prison to overcome their mental health and addiction problems. When they leave, they need somewhere to live and, hopefully, a job. It is much easier to do a lot of that—when the risks are right—when someone is in the community, not in prison.

Prisoners: Indeterminate Sentences for Public Protection

Lord Reid of Cardowan Excerpts

Thursday 27th October 2022 Lords Chamber

[Lord Bellamy (Con)]

My Lords, I will provide the noble and learned Lord with the figures shortly. It is quite a complicated question—more complicated than it seems. I simply remind the House that, as a result of the new arrangements introduced in the Police, Crime, Sentencing and Courts Act 2022, there is now an automatic annual referral to the Parole Board for consideration for release for these prisoners. The ability to terminate their licence after the 10 years is now baked into the system.

[Lord Reid of Cardowan (Lab)]

My Lords, I welcome the Minister’s response today. I thought it was right, proper and considered. I particularly welcome his emphasis on the primary purpose behind this: public protection. On the one hand, there are no doubt many tragic cases of people who have suffered from elongated imprisonment. On the other, there are many terrible cases of victims who have suffered. On the question of the pressure on the estate, could the Minister find a way of looking at why we are still sending people, including women, to prison for minor offences such as petty debts? That was supposed to be the counterbalance to the introduction of IPP in the first place, but it has never been operationally implemented.

[Lord Bellamy (Con)]

I thank the noble Lord for his question. The Government will look at all those aspects. I echo that, in the debate the other day, if I read the transcript correctly, the word “victim” hardly figured. It is the Government’s duty to protect victims. We are dealing with very serious violent and sexual offences, so this is a very difficult question.

Prisons: Secure Colleges

Lord Reid of Cardowan Excerpts

Thursday 18th June 2015 Lords Chamber

[Lord Faulks]

My noble friend makes an important point about the continuity in respect of educational gains which can be attained by secure colleges. He will of course be aware that one of the difficulties with this particular cohort is that they very rarely had any continuity in their education before they went into a youth custody institution. One hopes that not only the habits they will acquire in youth custody but the appetite to learn can be consolidated by the sorts of links he describes.

[Lord Reid of Cardowan (Lab)]

My Lords, will the Minister bear in mind the very pertinent point made by the noble Lord, Lord Ramsbotham? Whatever the structure, a key element in combating recidivism is the relationship between the young offender and another more mature mentor. In many cases, this can assist in killing two birds with one stone. Some of the people who have proved to be very adept and effective at this are themselves ex-offenders, or indeed, ex-members of Her Majesty’s Armed Forces, both of which groups find it very difficult to get jobs when they come out of prison or the Armed Forces. It is good for the young people, but it is also an opportunity to provide employment for two groups of people who find it particularly difficult to be employed.

FIFA

Lord Reid of Cardowan Excerpts

Thursday 4th June 2015 Lords Chamber

[Lord Faulks]

I have absolutely no difficulty in acknowledging that, particularly the contributions by the Sunday Times and “Panorama”.

[Lord Reid of Cardowan (Lab)]

My Lords, should we not also place on record our appreciation for the initiative and courage of a Member of this House, my noble friend Lord Triesman, in raising this issue a long time ago and being thoroughly abused for it in many quarters at the time?

[Lord Faulks]

Equally, I am more than happy to raise that. We should also note that such is the momentum behind this investigation that we have some of the main culprits starting to turn against each other, so we can say that this investigation really has traction.

Criminal Justice and Courts Bill

Lord Reid of Cardowan Excerpts

Monday 21st July 2014 Lords Chamber

[Lord Faulks]

I agree with my noble friend that it should be considered seriously and a judgment exercised by the Committee as to what it thinks the appropriate response to this particular clause is.

[Lord Reid of Cardowan (Lab)]

I am grateful to the Minister. Whoever he is speaking on behalf of, he should regard me as a floating voter. I came in with my mind pretty well made up to support the clause, whoever’s it is—I was going to say it was the Government’s. However, I had the misfortune to sit next to my noble and learned friend Lady Scotland, who gave me an enlightened commentary to supplement everything that was being said and tried, as she did when she was my Minister in the Home Office, to soften my hard heart on this issue.

Subject to the response to one question asked by my noble and learned friend, I am still inclined to vote with whatever entity is in favour of the clause. I hope the Minister can answer the question and help me decide. What consideration was given to outlining this in sentencing guidelines, without the need to put it in the Bill? I am not suggesting for a minute that judges always follow sentencing guidelines. Indeed, the Committee may be amused to learn that when we put forward sentencing guidelines to diminish hugely the number of four and six-month sentences when we were bringing in indeterminate sentences at the other end, judges proved very reluctant not to send people to jail. It was suggested to me by the Lord Chief Justice at a meeting of the Criminal Justice Board that I should write and remind them of that. When I did, I was massacred in public for suggesting that judges may not need to send people to jail. I understand that they do not have to follow guidelines, but I hope the Minister has had time to consult his notes and to let us know whether, before going to the mandatory statutory sentence, such a course of action was considered, as my noble and learned friend asked.

[Lord Faulks]

Before the noble Lord’s intervention, I was going to conclude by saying that this is not a clause that could ultimately find its way to the statute book. If the vote results in the Bill remaining in its current form, the Government will bring back amendments to make various alterations—not to the effect or the substance, but to the detail—and in particular to make sure that the provision is consistent with the sentencing framework as a whole. There are also various other technical amendments that will have to be made.

[Lord Reid of Cardowan]

I am not a lawyer or a civil servant draftsman. Does that mean that if this clause is agreed to, the Government will come back with guidelines, rather than putting it into the Bill? Is that my understanding, or have I got even more confused? Perhaps the Minister would explain.

[Lord Faulks]

It is not a question of guidelines; there are a number of particular defects in the clause. For example, it would be necessary to fix the period for appealing a minimum sentence if a previous conviction upon which the minimum sentence is based is overturned. The period should be fixed at 28 days to ensure consistency. Furthermore, it is not clear in the current draft that the Attorney-General would be able to make a reference on the basis of a court’s failure to impose a minimum sentence, and the usual practice in relation to early guilty pleas for minimum sentences is a reduction of up to 20%. As currently drafted, the court would not be able to apply any discount for an early guilty plea. It is also necessary to add equivalent offences under UK and EU member state service laws to relevant previous convictions.

Civil Legal Aid (Merits Criteria) Regulations 2012

Lord Reid of Cardowan Excerpts

Monday 3rd December 2012 Lords Chamber

[Lord Reid of Cardowan]

My Lords, for those of us who have experienced neither legal training nor legal practice but who have listened to the very articulate and understandable critique by many noble and learned friends, can the Minister answer this question for me? I very much welcome what he has said. Is it implicit in what he says that, whatever discretion is given, it will not only come into effect if the First-tier Tribunal decides that it has made an error in law? That was explicit in many of the critiques which have come out. Is that conditionality now removed?

[Lord McNally]

My Lords, I, too, am not a lawyer. I think that the noble Lord is asking what comes next, and that relates to the second order, not the first one, which the noble Lord, Lord Pannick, asked about. I will try to cover the point which he has raised when I get to that.

As I said, there was never any attempt on our part to change the rules as far as judicial review was concerned. However, when a former Lord Chancellor, a former Lord Chief Justice and a former Attorney General tell you that it needs clearing up, I think it is only wise to see whether it can be cleared up, and that is what we will do.

Moving on, I have explained in detail how we have listened to the concerns of this House—in particular, in extending legal aid in welfare areas. I have never hidden the fact that the LASPO Bill was a very difficult Bill involving some difficult choices. I can remember answering questions at this Dispatch Box two years ago, when we first launched the consultation. I said then that, if you have a system which is targeted to help the poorest and most disadvantaged in your society and you are forced to make cuts in that system, you are going to affect the poorest and most disadvantaged in your society. I have never hidden that fact.

The idea that LASPO was nothing other than a very difficult Bill is again before this House. Many of the arguments that have been deployed tonight were deployed during the passage of that Bill. However, I remind this House that the LASPO Bill is now an Act that went through both Houses of Parliament and carries with it financial implications that have to be considered when discussing any changes to it. There is no infinite pot of money available and we have to think very carefully about how taxpayer-funded money is spent. The Bill was therefore designed to ensure that public funding remains available for the most serious cases and for those who need it most. In making hard decisions and tough choices, we have listened to the concerns of some of the very same Peers who have spoken today, and we made changes during the passage of the LASPO Bill.

Not for the first time, the noble Lord, Lord Bach, claims that the Government have not listened. I take this opportunity to set the record straight. I remind the House of the Government’s original proposal following the consultation on Proposals for the Reform of Legal Aid in England and Wales. Our response to the consultation stated that,

“it remains the Government’s view that legal aid should be removed for welfare benefits cases, as proposed in the consultation. However, it will be retained for judicial review of welfare benefit decisions, and for claims about welfare benefits relating to a contravention of the Equality Act 2010 that are currently funded, as proposed in the consultation”.

That was our starting point. Since then, we have moved considerably from that position in response to arguments deployed in both Houses. During ping-pong on the LASPO Bill, having listened carefully to the arguments, we agreed to make available legal aid for advice and assistance for welfare benefit appeals on a point of law in the Upper Tribunal, including for applications made to the Upper Tribunal for permission to appeal. In addition, we agreed to make legal aid available for advice, assistance and representation for welfare benefit onward appeals in the Court of Appeal and Supreme Court. The order before us today makes a further concession which is not insignificant.

It may be helpful if I illustrate how this will work. An individual will make an appeal to the First-tier Tribunal against an administrative decision of a public authority. If the appeal is unsuccessful, the claimant can request a statement of reasons for the decision. The appellant can then apply to the First-tier Tribunal for permission to appeal to the Upper Tribunal. At this point, the First-tier Tribunal must consider whether to review its own decision if it considers that it has erred in law, and legal aid for advice and assistance will now be available in relation to that review. If the tribunal decides not to review, the next step is for the First-tier Tribunal to decide whether to grant or refuse permission to appeal to the Upper Tribunal. Where the tribunal refuses permission to appeal, the appellant can then apply directly to the Upper Tribunal for permission to appeal. Again, legal aid will be available for an application for this stage of the process. If permission is granted by the Upper Tribunal, then legal aid is again available for the substantive appeal before the Upper Tribunal.

Therefore, it is wrong and misleading to suggest that we are not making legal aid available in respect of points of law. As I mentioned in my opening remarks, we considered this matter in great detail following the debates during the passage of the Bill. We have explored every possible option to find a workable solution. Our considered assessment is that other methods of independent verification would have proved unworkable. We did consider the CAB proposals but we felt that they would create unreasonable cost and administrative burden. The cost is important. We have never tried to hide the fact that part of the exercise was for legal aid to make a contribution to the cuts in the spending review for the Ministry of Justice, a department which spends money only on prisons, probation, court services and legal aid. The proposals would have placed burdens on the successor to the Legal Services Commission, the tribunal judiciary and the Department for Work and Pensions.

In the Government’s impact assessment we identified that, in 2009-10, we funded 135,000 instances of welfare benefits legal advice. If the judiciary had to consider up to 135,000 interlocutory applications for legal aid, the impact on the tribunal service would be severe, and it could lead to serious delays in the resolution of other cases. Similarly, if the Department for Work and Pensions or the successor to the Legal Services Commission had to consider that large number of cases before they could be funded, it would result in a significant extra administrative and cost burden. We do not believe it right to impose these additional burdens in the current economic climate.

We have therefore decided on the approach set out in the order. This would impose no additional burdens on the tribunal judiciary because it must already consider whether to conduct a review on receipt of an application for permission to appeal against a finding of the First-tier Tribunal. The tribunal can conduct a review only if it is satisfied that there has been an error of law in the First-tier Tribunal’s decision.