Sentencing Bill

Debate between Alex Chalk and James Wild

Wednesday 6th December 2023 Commons Chamber

[Alex Chalk]

Let me take this opportunity to pay tribute to my hon. Friend. He has raised this issue on behalf of his constituents with such assiduity and so conscientiously, with me personally and, indeed, in the House. He is absolutely right to do so: that crime was truly abominable and utterly atrocious. At its very heart, this part of the Bill caters for precisely those sorts of offences, where there is murder accompanied by sexual or sadistic conduct, so that in such circumstances, when the offender hears the clang of the prison gate, that will be the last time that they breathe free air.

Let me turn to the very worst offenders who kill in the most appalling circumstances. Clause 1 creates a new duty for the court to impose a whole-life order in cases of the murder of a child that involve the abduction of the child, murders involving sexual or sadistic conduct, and murders carried out for the purpose of advancing a political, religious, racial or ideological cause. There will be judicial discretion in exceptional circumstances. The clause will also impose whole-life orders for the murder of a single victim that involves sexual or sadistic conduct, so that murderers like the killers of Sarah Everard and Zara Aleena will never enjoy the freedom that they cruelly denied their victims. The measures will ensure that severe punishments are available for those who commit the very worst crimes.

In my statement to the House on 16 October, I set out the Government’s intention to legislate so that rapists and serious sexual offenders serve their whole custodial terms. Again, the Bill makes good on that promise. Clauses 2 to 5 and clause 7 will mean, when implemented, that those convicted of rape or serious sexual offences will now serve every single day of their custodial term in custody, without the possibility of their case being referred to the Parole Board. That means that the custodial term handed down by the judge on the day they are sentenced will be exactly how long they initially spend in prison. They will then have a period on licence in the community after their custodial term ends. This will ensure that their victims get the justice they deserve and the public can be protected.

[James Wild (North West Norfolk) (Con)]

All the offences in clause 2 have a maximum life sentence, so the proposed new power to require offenders to attend sentencing hearings would apply. However, will my right hon. and learned Friend look at extending that power? It would not cover other serious crimes, including serious sexual offences such as the sexual assault of a child under 13, as happened in a case in my constituency, where the offender hid in his cell. He would not be compelled to come to sentencing under the powers we are proposing.

[Alex Chalk]

I pay tribute to my hon. Friend for raising that appalling case. It is important to note that in respect of this Bill and the provision to require offenders to serve the entirety of their sentence, clause 2 relates to section 8 of the Sexual Offences Act 2003, on causing or inciting a child under 13 to engage in sexual activity, so that is covered.

On my hon. Friend’s separate point about attendance, we are very clear, following the cases of Lucy Letby and others, that it is a grievous affront to victims and families for defendants who have been convicted, after a fair trial, not to face the music, in simple terms. They need to be there in front of the court so that they can hear society’s condemnation expressed through the sentencing remarks of the judge, and so that the peace that has been denied their victims should be denied them as well. They need to understand that condemnation. My hon. Friend raises an interesting point about the scope of the requirement for people to attend court; it is a fair one and we should certainly discuss that.

I turn to the second aim of the Bill: to cut crime. Ultimately, that is how we protect the public. As it stands, the situation is that, too often, offenders are locked up for short periods at exorbitant cost. The experience makes them worse, and they end up committing further offences as a result. Clause 6 will introduce a presumption to suspend short sentences of 12 months or less, directing the courts to hand down a suspended sentence order instead.

The fact is that almost 80% of convicted offending every year is reoffending; much of the crime in our country is committed by someone who has had at least one brush with the law. The criminal justice system is meant to punish wrongdoing—of course it is. But, in the interests of society, it is also there to rehabilitate wrongdoers and set them on the right path so that they do not reoffend and make more victims of crime in the process.

If we want to protect the public and cut crime, the most effective thing we can do is intervene to break the cycle of offending—punish, of course, but rehabilitate too. To do that we must properly examine the evidence available to us.