Sentencing Bill

Ashley Fox Excerpts

Committee of the whole House
Tuesday 21st October 2025 Commons Chamber

[Ms Minns]

I really do apologise, Ms Ghani.

Moving on, I support new clause 1. It would strengthen our approach to the deportation of foreign criminals by amending the definition of “period of imprisonment” in two key pieces of legislation: the UK Borders Act 2007 and the Nationality, Immigration and Asylum Act 2002. The amendment is about ensuring that the law reflects the seriousness of the sentence handed down by the courts, whether it is immediate or suspended.

Currently, a suspended sentence of 12 months or more does not count towards the definition of a foreign criminal for deportation purposes. This creates a loophole that risks undermining confidence in our immigration and justice systems. I have met the Minister for Border Security and Asylum to discuss the deportation of foreign criminals with suspended sentences, and I very much welcome the closure of this loophole. It is not an abstract policy change; it is a necessary correction to a real and pressing issue.

New clause 1 ensures that suspended sentences of 12 months or more are treated with the gravity they deserve when considering deportation. It sends a clear message that serious criminal behaviour will not be overlooked simply because the sentence was suspended, and it strengthens our ability to protect communities, uphold justice and maintain public confidence in our immigration system.

Let us be clear: a suspended sentence is still a sentence of imprisonment. It is imposed by a judge who has determined that the offence is serious enough to warrant custody. The fact that the sentence is suspended does not diminish the gravity of the crime.

[Sir Ashley Fox (Bridgwater) (Con)]

Does the hon. Lady not accept that most victims of crime would say that a suspended sentence is very much not a custodial sentence?

[Ms Minns]

It is nevertheless a suspended sentence. By passing new clause 1, we are saying that serious offences—whether the sentence is served behind bars or under conditions in the community—carry consequences, including the possibility of removal from the UK.

[Ms Minns]

I am not going to pretend to be an expert in the judiciary or the actions of individual judges. Nevertheless, it is important that we recognise that a suspended sentence and a sentence that places an individual in prison are both sentences of punishment. We are talking, in our discussion on new clause 1, about how that relates to whether a foreign criminal should be removed from the country.

The new clause is a targeted, proportionate and principled amendment. It does not expand the scope of deportation arbitrarily. It simply ensures that those who commit serious crimes are not shielded from deportation by technicalities. I urge colleagues from across the House to support it.

[Sir Ashley Fox]

The Gauke review was a thorough exercise carried out in good faith. It was intended to fix some of the problems that persist in the justice system, and was particularly aimed at easing the burden on the prison estate. As a member of the Justice Committee, I had the opportunity to question the former Lord Chancellor and was struck by his thoughtfulness and expertise. Despite that, I do have reservations about parts of the Bill, particularly those around the early release of certain prisoners. Amendment 24, tabled by my hon. Friend the Member for Bexhill and Battle (Dr Mullan), seeks to add an extra protection to the Bill to combat this. It would ensure that the most violent and dangerous offenders—those guilty of crimes like rape, grievous bodily harm, child sex abuse and causing death by dangerous driving—do not benefit from automatic sentence reductions.

We all agree that rehabilitation has a place in our justice system, but that is not its only purpose. The public expect criminals to be punished for their wrongdoing and to be protected from those criminals causing future harm. I fear that Labour Members do not know the consequences of the Bill, which are that violent and sexual offenders will be released from prison early and will then go on to commit further criminal offences. We will have to deal with those consequences in the years to come if the Bill is passed unamended. Those who commit the most serious crimes should serve the full sentence handed down by our courts. Early release should never be a reward for those who have shattered lives beyond repair.