Violence Reduction, Policing and Criminal Justice

Alex Chalk Excerpts

Wednesday 15th November 2023 Commons Chamber

[The Lord Chancellor and Secretary of State for Justice (Alex Chalk)]

The first duty of any Government—its most serious and solemn responsibility—is to keep its people safe. Since 2010, overall levels of crime are down by more than 50%. Domestic burglary is down by 57%, violent crime by 52%, vehicle-related theft by 39%, and the number of young people admitted to hospital following an assault with a knife or other bladed weapon has fallen by 26%. In fact, His Majesty’s chief inspector of constabulary, Andy Cooke, has said that

“England and Wales are arguably safer than they have ever been.”

That is because the Government have taken decisive measures, including recruiting 20,000 police officers so that we can cut crime and keep our communities safe. We have made robust punishments available for the worst criminals to keep the most serious offenders in custody for longer, and we have commissioned the biggest prison building programme since the Victorian era.

The Gracious Speech builds on that record with a range of long-term decisions that keep public protection at the heart of the Government’s agenda for our country. I want to start with tackling violence against women and girls, on a point made by the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper). That is a priority for the Government, and for me personally, but let us step back to reflect on some of the progress made in the last decade or so. The right hon. Lady referred to the offence of stalking and said that she wanted some progress. She will recall that in the 13 years that she was in Government, there was no offence or crime of stalking. We are the party that created it so that behaviour described as “murder in slow motion” could be properly addressed. Then we doubled the maximum sentence.

[Yvette Cooper]

Let me correct the Secretary of State. He may not recall, but I tabled one of the first amendments on reform to introduce a stalking law. That same amendment was eventually taken up in the other place by the Labour lords, and the Conservative Government agreed to it. I am very glad that they did, but he should not take credit for agreeing to a Labour proposal that I and others put forward.

[Alex Chalk]

I am delighted to debate this with the right hon. Lady. Thirteen years, and it was not on the statute book. When did it come on to the statute book? In 2012. She had 13 years, and she missed her opportunity. This is the party that put it on the statute book.

The right hon. Lady referred to other matters of violence against women and girls. This is the party that created the offence of coercive and controlling behaviour. We are the party that slayed the myth that abuse is perpetrated only with punches, kicks and other physical violence. We know that it is not, and we acted to outlaw it. We introduced the landmark Domestic Abuse Act 2021, creating a new domestic abuse commissioner and ending abuses such as the ability of DA perpetrators to cross-examine victims. We created a standalone offence of non-fatal strangulation, and made clear that the cowardly so-called “rough sex gone wrong” defence for murder does not exist.

We delivered radical improvements to the victims code to secure entitlements for victims, including the automatic right for eligible victims to be told when a perpetrator is due to leave prison. There is a 24/7 rape support helpline, more than 950 independent sexual violence advisers and independent domestic violence advisers. We have outlawed upskirting and revenge porn, and introduced the most wide-ranging modern slavery legislation probably anywhere in the world. Over the last year, we have built on that work by ensuring that violence against women and girls is now recognised as a national threat, just like terrorism and organised crime. It is also included in the strategic policing requirement.

When I began my career in the courts, violence behind closed doors was all too often passed off and trivialised as a “domestic”, with no action taken. Not any more. We see it for what it is: corrosive, cruel and devastating. Those responsible are no longer beyond the reach of the law.

[Jim Shannon (Strangford) (DUP)]

I commend the Secretary of State on his speech. He will know that the figures for Northern Ireland are the worst in the whole of Europe. A total of 27 women have been murdered in Northern Ireland by an intimate partner, relative or family member since 2017. Those figures are shameful and discouraging for us all. Would he encourage the Department for Justice in Northern Ireland to follow suit on any legislation on tackling violence against women and girls, so that Northern Ireland is not left behind?

[Alex Chalk]

Yes, I would. I look forward to the restoration of the Assembly so that these important priorities can be pursued.

Let me turn to the issue of rape, which I heard mentioned sotto voce from the Opposition Benches. In 2021, we launched a rape review to drive up the criminal justice system’s response to this crime. We committed to total transparency on the data, publishing dashboards about reports, charges and receipts in the Crown court, so that any member of the public could see what was taking place at the touch of a button. We identified levers to drive forward the effectiveness and efficiency of the system, including rolling out technology to ensure that evidence from mobile phone devices could be harnessed rapidly, without victims being separated for long periods from what can be a lifeline. We set out ambitions that many commentators said were unachievable, and we brought Government Departments together, literally—sitting around the same table to prosecute our mission on behalf of victims. Of course, there is always further to go, but the progress made is significant. The volume of adult rape cases reaching court since 2019 has doubled.

Meanwhile, seeing as the right hon. Member for Normanton, Pontefract and Castleford wanted to put us under the microscope, let me make these points. The situation compared with 2010 is striking. More cases of rape are being prosecuted. The conviction rate is higher. Sentences are longer and, importantly, the proportion of those sentences spent in custody is significantly increased, too. To the political points that the right hon. Lady made, she was in Government and voted for the Criminal Justice Act 2003, section 244 of which, if she wants to remember, made sure that every single rapist was released at the halfway mark. If they were sentenced to 10 years, she voted to ensure that they were released after five. We have changed that. This Government say that that is not right, not fair on victims and not just. She needs to account for her actions. We have invested £24 million in Operation Soteria, which brings together the police, prosecutors and academics to develop a new approach to rape and sexual offences. There is now a clear expectation that investigations must focus on a suspect’s behaviour, not on the victim’s supposed credibility.

Let me turn to the police. Becoming a police officer is a noble calling. To sign up is to commit to running towards danger when others flee. It means engaging with the most threatening people in society, but also the most vulnerable. That demands judgment as well as skill and integrity. Given the power that officers necessarily wield, it is essential that those who wear the uniform are competent, decent and honest. A small minority of officers fall short of the required standard. In recent years, some have transgressed in the worst ways possible. That inevitably shook public confidence in the police.

Baroness Casey’s review of the Met made for deeply concerning reading, and the first part of the Angiolini inquiry is focused on the career of the serving officer who raped and murdered Sarah Everard. Part two will look at broader issues in policing and the safety of women. Earlier this year, the Government launched a review into police officer dismissals, and the Home Office has recently announced a number of measures to strengthen the system as a result of that review. There will be a presumption of dismissal for those found to have committed gross misconduct. We are handing back responsibility for chairing misconduct hearings to senior police officers, while retaining independence in the system.

The College of Policing has strengthened the statutory code of practice for police vetting, making the obligations on police chiefs stricter and clear, as was published in July. His Majesty’s inspectorate of constabulary and fire and rescue services has found that forces have made progress on vetting. They must not let up. All police forces have cross-checked their workforce against the police national database to help to identify anyone not fit to serve and the National Police Chiefs’ Council will provide an update on its findings in January. The Government will change the law to ensure that all officers who are unable to maintain vetting clearance can be sacked.

The Criminal Justice Bill includes a duty of candour, requiring police chiefs to ensure an ethical culture in their forces. In August, the previous Home Secretary wrote to policing leaders, asking them to outline their plans to increase visibility and confidence in local policing and to report back on progress by next March. Confidence in policing is not just about individual behaviour but about the performance of each force. There is no such thing as a trivial crime. The public expect the police to follow all reasonable lines of inquiry, and the Government have secured a pledge from all forces to do so. That pledge applies to all crimes, and the public expect to see improvements in the approach to phone theft, car theft, criminal damage and shoplifting.

At the heart of the Government’s legislative programme for the forthcoming parliamentary Session are our plans to keep the British people safe. Our Sentencing Bill has public protection at its core. There are two elements to our approach. For people who commit the most horrific murders, such as murders with sexual or sadistic conduct, the public are protected by keeping them where they belong—out of circulation, behind bars for the rest of their life, unless the court finds exceptional circumstances. That is how they can be prevented from inflicting any more damage to individuals and to society. Our Bill also means that rapists and those convicted of the most serious sexual offences will serve every day of their custodial term behind bars. That is night and day compared with the regime we inherited in 2010. At that time, a rapist sentenced to 10 years was out in five. Now, a rapist sentenced to 10 years will serve the full term.

[Vicky Ford (Chelmsford) (Con)]

My right hon. and learned Friend is making an excellent speech and doing excellent work. He has not mentioned the crime of terrorism, which is one of the most serious, and he has not had a chance to mention the amendment that we will vote on today. There is grave concern that the greater the loss of civilian life in the middle east is, the greater the likelihood of radicalisation and increased terror at home. Does he agree that those of us who believe that now is not the right time to call for a full ceasefire, because of the difficulty of giving it, are not giving Israel a moral blank cheque to continue with operations in the way it has so far? Protecting civilian life is vital to prevent future terrorism here and elsewhere.

[Alex Chalk]

My right hon. Friend puts it well. Anyone who has observed what has taken place cannot fail but to be filled with anguish and distress, so of course it is the case that a nation’s right to defend itself is a right to do so consistent with international law. The Government are very clear on that, as indeed I think are most people in the House, but she puts the point well.

Protecting the public, which is the theme I am seeking to stress, also demands that we follow the evidence about what works to prevent reoffending. If reoffending goes down, crime goes down. If crime goes down, the public are protected.

[Richard Graham (Gloucester) (Con)]

I am very grateful to the Lord Chancellor, who was quite right earlier to reject the attempt at revisionist history on stalking by those on the Labour Benches. He and I worked very closely together on the initial change to the legislation. Does he agree with me that there is an opportunity in the next police, crime and sentencing Bill to also address something that would help to protect some of our young people, which is the issue of spiking? There is a real opportunity to update the 1861 law, give a clear definition of spiking and send a very clear message to all those who might be tempted to do so.

[Alex Chalk]

I thank my hon. Friend, who is absolutely right. He did extraordinarily important work on stalking. He understands, as I do, that it is a wicked crime that leaves women in particular feeling very vulnerable. We acted when others did not and revisionism is to be deprecated; I strongly agree with him. On spiking, my hon. Friend is a tremendous campaigner. He is right that the legislation that is apt to capture this offence is within the Offences against the Person Act 1861. It provides police with powers, but he makes a powerful point. He will continue to make such points and we will consider them with care.

[Jamie Stone (Caithness, Sutherland and Easter Ross) (LD)]

The right hon. and learned Gentleman is making an interesting speech. I expect he will share my disquiet that we presently have 600 vacancies for police in Scotland which are not going to be filled. An independent councillor in the highlands called Matthew Reiss, himself a senior retired police officer, has said that the thin blue line is going to get thinner. Without police, we cannot do the sort of things that the right hon. and learned Gentleman is talking about—in other words, catching the criminals and making people feel secure. Could he, in his capacity, share his best practice with the Scottish Government in the future?

[Alex Chalk]

What a very kind offer. I am sure that call will be echoed by those in the SNP Benches in front of the hon. Gentleman. We, of course, would be delighted to share any best practice. He makes a very serious point. To do all the things we want to do to protect vulnerable people requires boots on the ground—it requires police officers. That is why we are proud of the fact that in this jurisdiction the number of police officers stands at, or close to, an all-time high. We would be happy to commend that approach to our friends north of the border.

On public protection, taking the most serious offenders out of circulation is how we stop them committing crime. But we also want to follow the evidence about what works to prevent reoffending, because that is also how we keep the British people safe. The evidence—not sentiment, evidence—shows that those on immediate prison sentences of less than 12 months are significantly more likely to reoffend than similar offenders who get sentences in the community. They are over 50% likely to reoffend, as compared to less than 25% for those who are required to adhere to tough conditions, with a risk of going to prison if they fail to comply. Let me be clear about what that means. Those who are on suspended sentence orders are required to comply with onerous requirements—be they unpaid work orders, alcohol rehabilitation requirements or whatever—on pain of going straight to prison if they fail to comply. The evidence shows that people see that as a powerful deterrent.

[Sir John Hayes (South Holland and The Deepings) (Con)]

My right hon. and learned Friend will want to comment, in that context, on persistent offenders, because he will know that there are many offenders who persistently offend and commit crimes that would not attract a sentence of more than 12 months. The right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) spoke of shoplifting, for example. Criminal damage would be another example, as would antisocial behaviour. Some 30% of persistent offenders commit 80% of crimes. Is he really saying that none of them should go to prison?

[Alex Chalk]

On the contrary. I know that my right hon. Friend rightly, on behalf of his constituents, wants to ensure that those who destroy lives and have a corrosive impact on communities are brought to book. That is why the provisions have been carefully constructed and calibrated to ensure that those who are unable or unwilling to abide by an order of the court can expect to hear the clang of the prison gate. Not only will the proverbial sword of Damocles be hanging over them, but for those who commit an offence when they are subject to a court order—be it a supervision order, a community order or a non-molestation order—the presumption no longer applies. We send a clear message to criminals: obey the order of the court or expect to go to prison.

Judges will retain their discretion to impose immediate custody when an offender poses a significant risk of physical or psychological harm to an individual—this is to the direct point made by the right hon. Member for Normanton, Pontefract and Castleford—so that domestic abuse offences and other violent offences against women and girls can and will continue to be punished, with immediate custody protecting victims. Nothing changes, but for those whose sentence is suspended, the courts will be able to continue to use a range of requirements, including curfews, electronic tags, community payback and exclusion requirements. Those who do not comply or who commit further offences can be brought back to court and risk being sent to prison.

Alongside that, we want to ensure that we have the prison places to keep serious and dangerous offenders locked up for longer, while allowing lower risk offenders to benefit from community-based restrictions to assist with their resettlement, get back into work and start contributing to society where that can be safely managed. For that reason, we are extending home detention curfew to offenders serving sentences of over four years and keeping our tough restrictions that prevent serious violent, sexual and domestic abuse offenders from accessing this facility.

The Criminal Justice Bill includes measures that deliver on three strategic objectives: first, protecting the public from violence and intimidation; secondly, enabling law enforcement agencies to respond to changing technology deployed by criminals, including by equipping them with sufficient powers to address emerging types and threats; and thirdly, strengthening public confidence in policing. We will protect the public from violence and intimidation by strengthening the law on the taking of intimate images without consent and expanding the offence of encouraging or assisting self-harm.

[Dr Rupa Huq (Ealing Central and Acton) (Lab)]

I am grateful to the Secretary of State for giving way. We used to have happy times on the Justice Committee together when we were little striplings. What he is saying sounds good, but my question is this. Last year, the hon. Member for Harwich and North Essex (Sir Bernard Jenkin) and I amended the Public Order Act 2023 to stop intimidatory protests against women using abortion clinics. Although it was passed, that is the only section that has not been enacted. Ealing Council does not know whether to renew its temporary order, which is coming up again. If the law was passed and enacted, it should not have to. Can he tell Ealing Council and the whole country what to do when women every day face intimidation?

[Alex Chalk]

I thank the hon. Lady for her question. We did indeed have a productive and non-partisan time on the Justice Committee. On the specific important point she raises, the Minister for Crime, Policing and Fire, my right hon. Friend the Member for Croydon South (Chris Philp), will address that point in closing—but essentially, it will happen in due course.

We will protect the public from violence and intimidation by strengthening the law on the taking of intimate images, as I have indicated. We will increase the multi-agency management requirements on offenders convicted of coercive or controlling behaviour. As I say, that was not an offence in 2010. We are implementing a further recommendation in the domestic homicide sentencing review, giving judges the discretion at sentencing to add a statutory aggravating factor for a killing connected to the end of a relationship, many of which are committed where there has been a history of coercive or controlling behaviour. That man who says, “If I can’t have you, no one will” can expect a more serious penalty.

Finally, it is a further insult to families when perpetrators refuse to appear in the dock to face up to the consequences of their actions, so it is quite right that we will give judges the power to order offenders to court and punish those who refuse.

[Florence Eshalomi (Vauxhall) (Lab/Co-op)]

The Secretary of State has outlined some measures to protect women who face really horrific abuse. I have been campaigning on the key issue of girls who are associated with gangs. The fact is that they are groomed and used by gang members for horrific crimes, and those girls are then victimised and imprisoned. Does he agree that we should have a statutory definition of child criminal exploitation, so that girls do not continue to face that horrific ordeal?

[Alex Chalk]

The hon. Lady has made a very important point. I will not bore the House with war stories, but I remember defending a young woman—17 years old. She had been abused by her boyfriend, who had put pressure on her to hold a MAC-10 firearm. The police, of course, then arrested her, and she was at risk of a mandatory minimum sentence of three years, although she had been put under all that pressure by her boyfriend. The courts do have discretion to take personal circumstances into account, and in that case, when the court found that there had been exceptional circumstances, it was not bound to impose the mandatory minimum sentence. It is always worth recalling that in a fair society, before independent courts, there is an opportunity for important points of mitigation to be advanced. The hon. Lady also made a point about grooming, and I now want to turn to the issue of protecting children in that regard.

In April, the Prime Minister and the former Home Secretary announced a package of measures to tackle child sexual exploitation, grooming and abuse, so that our law would keep pace with criminals’ latest warped ingenuity. We are introducing a statutory aggravating factor at sentencing for grooming behaviour in connection with sexual offences committed against under-18s in order to tackle those involved in grooming gangs. There is also a new child sexual exploitation police taskforce—that means analysts in every police region—and a new complex and organised child abuse database. Tackling organised exploitation programmes have also been rolled out, bringing together force-level, regional and national data and intelligence.

The Criminal Justice Bill also takes the fight to criminals. Articles used in serious crime, such as templates for 3D-printed firearm components and pill presses, will be prohibited. The Government have secured from the police agreement to pursue all reasonable lines of inquiry, and the Bill creates a power to enter premises without a warrant to seize stolen goods such as mobile phones. The operation of serious crime prevention orders will be strengthened to make it easier for police and other law enforcement agencies to place restrictions on offenders or suspected offenders and prevent them from participating in further crime.

The Bill brings further action on the scourge that is knife crime: that includes creating a power to seize, retain and destroy bladed articles found on private property that are likely to be used in connection with unlawful violence, increasing the maximum penalty for the sale of prohibited weapons and for selling knives to those under 18, and the creation of a criminal offence of possessing a bladed article with the intent to use it in unlawful violence. To increase public confidence in policing, the Bill provides for a duty of candour for policing, and gives chief officers the right to appeal against the result of misconduct boards to police appeals tribunals.

Let me turn briefly to the Victims and Prisoners Bill, which will enshrine the principles of the victims code in law, and provide greater oversight and transparency in respect of how victims are treated, with criminal justice inspectorates undertaking joint inspections on victims issues when directed to do so. As one who grappled with the old victims code under the Labour Government, when the right hon. Member for Normanton, Pontefract and Castleford was in power, I should point out that that was a pale imitation of what exists now. The code that was in place under Labour failed to give victims a right to review or the right to make a victim personal statement, it only applied to victims of particularly serious crime, and it failed to give any rights to close relatives.

Our victims code dramatically strengthens the rights of victims. It will be easier for victims of crime to make complaints against a public body by removing the need to go through an MP. It creates a duty for the police to ensure that requests for third-party personal records from complainants are proportionate and necessary. This measure will apply to victims only. There will be an independent public advocate for the victims of major incidents, who will help bereaved families and the injured in the immediate aftermath of a large-scale disaster.

[Maria Eagle (Garston and Halewood) (Lab)]

rose—

[Alex Chalk]

I will give certainly way to the right hon. Lady in a moment, but not before paying tribute to her and, indeed, the Hillsborough families and others for campaigning for this measure.

[Maria Eagle]

I know that the Lord Chancellor has taken an interest in the public advocate proposals, but does he agree that they need to be strengthened in order to be effective, and that his proposals, as they currently stand, are nowhere near good enough to do the job that I, and others, hope they can do?

[Alex Chalk]

I have been very grateful to the right hon. Lady for the care and attention that she has given to this sensitive area over many months and years. We will continue to work with her so that this can be the best possible advocate. It is important to note, however, that whatever we provide will be a massive step forward. We do of course want to get it right, and I commit myself to working closely with the right hon. Lady in order to do so.

Finally, the Parole Board will be required to include members with a background in law enforcement in order to help parole panels make better decisions when assessing risk.

The legislation laid out in the Gracious Speech is an ambitious, long-term vision for our country. It builds on our record over the last 13 years to make our country safer than ever. It is a programme rooted in evidence; a programme that responds to the anger and distress that we all feel about crime, and that does so with measures that actually drive it down. We will ensure that the most dangerous offenders spend longer in prison to protect the British people from harm, and to protect women and girls in particular. We will equip the police with powers to fight the latest criminal trends that blight our communities, and we will ensure that law enforcement has the confidence of the public while pulling every lever to reduce offending, because that is what keeps the British people safe.

[Sir Julian Lewis (New Forest East) (Con)]

rose—

--- Later in debate ---

[Alex Chalk]

At the death, I will give way.

[Sir Julian Lewis]

I detected that my right hon. and learned Friend had reached the closing part of his peroration, so I wanted to ask him to address one concern that I have about the policing of demonstrations. As it happens, I think the police made the right call about 11 November, given the law as it stands. What concerns me is that three weeks earlier, on 21 October, a planned demonstration in Golders Green to pray for Israel and the Jewish people was called off after the police advised that it would be subject to intimidation or violence from people who were representing it as a threat against Muslims holding a demonstration for Palestine seven miles away. Does it not concern my right hon. and learned Friend that a peaceful demonstration should be called off in the face of intimidation, and is it not a matter of concern that the people who made the online threats that led the police to give that advice have not, as far as I have learned, been in any way questioned, sought or prosecuted?

[Alex Chalk]

As always, my right hon. Friend has made an extremely powerful point. On the basis of what he has said, that does seem troubling. I do not know all the details, of course, but the fundamental point is that anyone in our community, whether they are Jewish or otherwise, should be able to practise their faith without let or hindrance. I am grateful to him for raising that. If there are measures that need to be followed up to protect our vulnerable communities, they should be.

The Criminal Justice Bill focuses on the evidence—the evidence of what works and the evidence of what keeps the British people safe. Sometimes that will mean people being locked up for longer, and we make no apology for that. Sometimes it will mean ensuring that those who are capable of being redeemed are being redeemed. That is how we drive down reoffending, and that is how we protect the British people. I commend the Government’s programme to the House.

[Several hon. Members rose—]