Oral Answers to Questions
Debate between Shabana Mahmood and Lindsay Hoyle(2 weeks ago)
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Shabana Mahmood
The length of sentences, and how to deal with the problem of prolific offending, will be looked at specifically by the independent sentencing review panel. My hon. Friend will understand why I cannot pre-empt the findings of that review, but he will note that this Government are committed to scrapping the effective immunity for some shoplifting, which was introduced by the previous Conservative Government, by removing the £200 threshold. That shows that we are determined to clamp down on the sort of shoplifting he describes.
Dr Kieran Mullan (Bexhill and Battle) (Con)
We know that one of the key ways in which we manage prolific offenders is through tagging—both GPS tagging and home detention tagging. The Secretary of State has assured us that the problems with early release tagging have now been resolved, but I understand that problems persist for thousands of other prisoners who are due to be tagged. Can she assure the public that everyone who is being released, and who should be getting a tag, is being tagged on time?
Shabana Mahmood
I gently say to the right hon. Gentleman that the past is relevant in so far as it sets the context for the crisis that we have inherited, which needs resolving. Given that we all but ran out of prison places—numbers had fallen to fewer than 100 in the summer—it is important that we recognise that the prison system is and has been on the point of collapse. That is why we had to take emergency measures. We have made exclusions to the SDS40 scheme that should take account of his concerns. It is of course important that offenders are monitored and supervised effectively when they are not in prison, and that is what we are trying to do now. Tech can play a bigger role there, and I have asked the independent review into sentencing to look into that.
Shabana Mahmood
My hon. Friend will know that this Government have launched a pilot of domestic abuse protection orders in a number of areas, which will bring together the strongest possible protections for victims in other existing protective orders into a single order. Breaching such orders will be a criminal offence punishable by up to five years in prison, and unlike other orders, there will be no maximum duration.
Robert Jenrick (Newark) (Con)
In London, there is a phone theft epidemic, and this time it is not the former Transport Secretary on the loose. Last year, more than 64,000 mobile phones were reported to the police as stolen in the capital alone. The small number of individuals responsible should be locked up for a long time, yet last month, a criminal who used a motorbike to steal 24 phones an hour was jailed for just two years. Enough is enough, so will the Justice Secretary commit to dramatically increasing sentences for career criminals, get them off our streets and slash crime?
Shabana Mahmood
Anybody who breaches their licence conditions can be recalled immediately to prison. If somebody removes their tag, they can and will be recalled. We have not seen higher than normal rates of recall under the SDS40 scheme, and we have not changed our projections on prison capacity.
Oral Answers to Questions
Debate between Shabana Mahmood and Lindsay Hoyle(1 month, 2 weeks ago)
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Shabana Mahmood
It is clear that we have to do better on reducing reoffending, given that 80% of offenders are reoffenders. Cutting reoffending is a strategy for cutting crime, keeping the public safe and helping ex-prisoners to turn their lives around. I am sure that the sentencing review will look carefully at short sentences.
Dr Kieran Mullan (Bexhill and Battle) (Con)
Wanting to see justice delivered more consistently for victims is the key reason I sought election to this place, so it is an enormous privilege to take up this role today.
In response to concerns raised last month about offenders who have been released early not being promptly tagged, the Secretary of State assured the House that she will monitor performance daily. Can the Government now provide concrete assurance to the House and the public that all offenders are being tagged as they should on release?
Shabana Mahmood
As the right hon. Member is now the shadow Lord Chancellor, may I remind him that we do not comment on cases that are sub judice? That includes commentary that everyone is aware relates to cases currently going through our legal processes. What I will say is that those are independent decisions for the Crown Prosecution Service, which ultimately decides what charges to bring. In live police investigations into complex cases, it is appropriate that those investigations, the charging decisions and, ultimately, the cases are done by the independent parts of the process and that there is no interference from Government.
Mr Speaker
May I also say that we will be returning to this matter straight after the case, as Members right around the House, including me, have great concerns? I assure the House that we will come back to this subject, but, in the meantime, the trial must go ahead.
Oral Answers to Questions
Debate between Shabana Mahmood and Lindsay Hoyle(3 months, 2 weeks ago)
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Shabana Mahmood
With respect to the shadow Lord Chancellor, what will ring hollow to members of the public is the Tory party’s new-found commitment to exclusions for domestic abuse, and the sheer hypocrisy of talking about exclusions to this policy when he was a Minister in the previous Government who brought in the end of custody supervised licence scheme, which had no exclusions relating to domestic abuse whatsoever—[Interruption.] He talks about the governor lock from a sedentary position, but he knows full well that that was an attempt to shift the blame away from ministerial decision making and to place it on governors—something I am not sure was much appreciated by those who run our prisons. We have taken every step and every mechanism available to us to exclude offences connected to domestic abuse and, crucially, to give the probation service time to prepare—something the previous Government never did.
Mr Lee Dillon (Newbury) (LD)
It is clear that our prisons are at breaking point. The Conservatives’ failure to tackle the courts backlog has directly contributed to prison overcrowding. Thanks to their neglect and mismanagement, the Government have been left with no choice but to take these measures. However, the Lord Chancellor said in her statement in July that these measures would be reviewed
“within 18 months of implementation—at the very latest, in March 2026.”—[Official Report, 25 July 2024; Vol. 752, c. 833.]
That is a long time away, particularly given the various stories we are hearing about certain individuals being released. Will the Secretary of State once again confirm that no dangerous criminals will be released early?
Shabana Mahmood
We have taken every measure available to us to exclude offences from this measure. Serious violence, sexual violence and offences connected to domestic abuse have all been excluded, as have terror offences and so on—the hon. Gentleman will know the list of exclusions. We will work with our probation service, which has done a heroic amount of work over the summer to deliver this policy, in the coming months. We will also work very closely with criminal justice system partners to make sure that the roll-out of the scheme is as safe as possible. We have taken every measure, we will continue to keep matters under review and I will keep the House updated in due course.
Mr Speaker
We need to speed up a little. We are only now getting to Question 2.
Shabana Mahmood
My hon. Friend is absolutely right that it is a significant departure from the approach of the previous Government, who introduced an early release scheme—the end of custody supervised licence scheme—that operated under a veil of secrecy, with no data ever published on the numbers released. It took our Government to publish the data showing that more than 10,000 offenders were released under that scheme. I am pleased to say today that we have ended that scheme.
Edward Argar (Melton and Syston) (Con)
I am grateful to the Secretary of State for her previous answers on substantive questions about accommodation for prisoners released early. Further to that, have the Government contracted any specific hotels for potential use by early release prisoners?
Prison Capacity
Debate between Shabana Mahmood and Lindsay Hoyle(5 months ago)
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The Lord Chancellor and Secretary of State for Justice (Shabana Mahmood)
With permission, Mr Speaker, I will make a statement about prison capacity in England and Wales.
As you know, Mr Speaker, I wanted to make this announcement first in this House. However, given the scale of the emergency facing our prisons, I was forced to set out these measures before Parliament returned.
Since this Government took office two weeks ago, it has become clear that our prisons are in crisis and are at the point of collapse. The male prison estate has been running at over 99% capacity for the last 18 months. We now know that my predecessor warned No. 10 Downing Street but, rather than address this crisis, the former Prime Minister called an election, leaving a ticking time bomb. If that bomb were to go off—if our prisons were to run out of space—the courts would grind to a halt, suspects could not be held in custody and police officers would be unable to make arrests, leaving criminals free to act without consequence. In short, if we fail to act now, we face the prospect of a total breakdown of law and order.
Rather than act, the last Prime Minister allowed us to edge ever closer to catastrophe. Last week, there were around 700 spaces remaining in the male prison estate. With 300 places left, we reach critical capacity. At that point, the smallest change could trigger the chain of events I just set out. With the prison population rising, it is now clear that by September this year, our prisons will overflow. That means there is now only one way to avert disaster.
As the House knows, most of those serving standard determinate sentences leave prison at the halfway point, serving the rest of their sentence in the community. The Government now have no option but to introduce a temporary change in the law. Yesterday, we laid a statutory instrument in draft. Subject to the agreement of both Houses, those serving eligible standard determinate sentences will leave prison after serving 40%, rather than 50%, of their sentence in custody, and will serve the rest on licence. Our impact assessment estimates that around 5,500 offenders will be released in September and October. From that time until we are able to reverse this emergency measure, 40% will be the new point of automatic release for eligible standard determinate
sentences.
The Government do not take this decision lightly, but to disguise reality and delay any further, as the last Government did, is unconscionable. We are clear that this is the safest way forward. In the words of the Metropolitan Police Commissioner, Sir Mark Rowley, these steps are “the least worst option”. He went on to say that
“the worst possible thing would be for the system to block”,
and that any alternative to these measures would be “dangerous for the public”.
I understand that some may feel worried by this decision, but I can assure the House that we are taking every precaution available to us. There will be important exclusions. Sentences for the most dangerous crimes—for sexual and serious violent offences—will not change. That will also be the case for a series of offences linked to domestic violence, including stalking, controlling or coercive behaviour and non-fatal strangulation, as well as those related to national security.
We will also implement stringent protections. First, this change will not take effect until early September, giving the probation service time to prepare. Secondly, all offenders released will be subject to strict licence conditions, to ensure they can be managed safely in the community. Thirdly, offenders can be ordered to wear electronic tags, and curfews will be imposed where appropriate. Finally, if offenders breach the conditions of their licence, they can be returned to prison immediately.
Let me be clear: this is an emergency measure, not a permanent change. This Government are clear that criminals must be punished. We do not intend to allow the 40% release point to stand in perpetuity. That is why I will review these measures again, in 18 months’ time, when the situation in our prisons will have stabilised. Throughout, this Government will be transparent. We will publish data on the number of offenders released on a quarterly basis, and we will publish an annual prison capacity statement, legislating to make this a statutory requirement.
When we implement this change, we will stop the end of custody supervised licence scheme introduced by the last Government, which operated under a veil of secrecy. From the Opposition Benches, I was forced to demand more information about who was being released and what crimes they had committed. This Government have now released that data, showing that over 10,000 offenders were released early, often with very little warning to probation officers, placing them under enormous strain. This was only ever a short-term fix. It was one of a series of decisions this Government believe must be examined more fully, which is why we are announcing a review into how this capacity crisis was allowed to happen and why the necessary decisions were not taken at critical moments.
The measures I have set out today are not a silver bullet. The capacity crisis will not disappear immediately, and these measures will take time to take effect. But when they do, they will give us the time to address the prisons crisis, not just today but for years to come. This includes accelerating the prison building programme to ensure we have the cells we need. Later this year, we will publish a ten-year capacity strategy. That strategy will outline the steps that the Government will take to acquire land for new prison sites, and will classify prisons as being of national importance, placing decision making in Ministers’ hands. The Government are also committed to longer-term reform and cutting reoffending.
Too often, our prisons create better criminals, not better citizens, and nearly 80% of offending is reoffending, all at immense cost to communities and the taxpayer. As Lord Chancellor, my priority is to drive down that number. To do that, the Government will strengthen probation, starting with the recruitment of at least 1,000 new trainee probation officers by the end of March 2025. We will work with prisons to improve offenders’ access to learning and other training, as well as bringing together prison governors, local employers and the voluntary sector to get ex-offenders into work. We know that if an offender has a job within a year of release, they are less likely to reoffend. It is only by driving down reoffending that we will find a sustainable solution to the prisons crisis.
In a speech last week, I called the previous occupants of Downing Street “the guilty men”. I did not use that analogy flippantly. I believe that they placed the country in grave danger. Their legacy is a prison system in crisis, moments from catastrophic disaster. It was only by pure luck, and the heroic efforts of prison and probation staff, that disaster did not strike while they were in office. The legacy of this Government will be different. We will see a prison system brought under control; a probation service that keeps the public safe; enough prison places to meet our needs; and prisons, probation and other services working together to break the cycle of reoffending and so cut crime.
I never thought that I would have to announce the measures that I have set out today, but the scale of this emergency has forced this Government to act now, rather than delay any longer. This Government will always put the country and its safety first. I commend this statement to the House.
Shabana Mahmood
I thank my hon. Friend for that question. The situation with IPP prisoners is of great concern, and I know that huge numbers of Members on both sides of this House care about it deeply. I share that concern. IPP prisoners are not caught in the changes that we are putting forward; those are indeterminate sentences, not standard determinate sentences. We supported the previous Government in what we thought were sensible changes to the licence period and the action plan, and we will continue that work. However, any changes made have to account for public protection risks, first and foremost. We want to make progress with that cohort of prisoners, but not in a way that impacts public protection.
Mr Alistair Carmichael (Orkney and Shetland) (LD)
I also welcome the Lord Chancellor to her new position, and thank her for advance sight of her statement.
It has been apparent for months that measures of this sort would be necessary. These are described as temporary measures, but 18 months is a very long time for temporary measures. There would be a real danger of damaging public confidence in our criminal system if the measures were to be extended beyond that point.
The answer surely has to be more than just building more prison capacity. The problem is not that our prison estate is too small; it is that we send too many people to prison, and that the time they spend there does nothing to tackle the problems of drug and alcohol dependency, poor literacy and numeracy skills, and poor mental health, which led to their incarceration. Can we hope to hear in the very near future the Government’s comprehensive plan to tackle the issue of the time that people spend in prison?
Finally, may I bring to the Lord Chancellor’s attention the report published this morning by His Majesty’s inspectorate of probation on the failings of the Cambridgeshire and Peterborough probation delivery unit? That report outlined that our duty of care to those whom we lock up should not end the day they leave custody. When will we have a response to that report?