Sentencing Bill

Carla Lockhart Excerpts

Consideration of Lords amendments
Tuesday 20th January 2026 Commons Chamber

[Jake Richards]

Absolutely. I thank my hon. Friend for his service, his contribution, and his support for Lords amendment 1. As I said when I had the great privilege of meeting Lenny’s parents last week with the shadow Justice Minister and Lord Timpson in the other place, this is not just about the technical mischief that the amendment solves; thankfully, these cases are few and far between. This is about sending the signal to the brilliant prison and probation officers that the work they do is respected by people in this place and the country at large. I hope that this small change goes some way to doing that. Indeed, since we have announced this change, I have met prison officers who have intimated their gratitude to Lenny Scott’s parents, and to this place for hopefully making this change, and that is welcome.

Lords amendments 2 to 5 relate to the Sentencing Council. Through the amendments, we have sought to clarify what is expected from the Lord Chancellor and the Lady Chief Justice when they are considering any requests from the Sentencing Council for approval of its business plans and sentencing guidelines. Broadly speaking, the amendments do three things. First, if the Lord Chancellor decided not to approve a business plan, amendment 2 would require them to notify the council. It also requires them to lay a document before Parliament as soon as is practicable, stating the reasons for that decision. Amendments 3 and 4 make similar provisions under different guises.

Secondly, we want to make it clear that a very high bar must be met for any guidelines to be rejected, so amendments 4 and 5 provide that guidelines can be rejected only when that is necessary to maintain public confidence in the justice system. Finally, we have set out in the Bill that any approval requests from the council are to be considered as soon as practicable. Taken together, the amendments represent a significant step by the Government to ensure that these approval processes are surrounded by clear safeguards, transparency and accountability.

[Carla Lockhart (Upper Bann) (DUP)]

While the Lords have endeavoured to amend the Bill in a number of areas, part 4, which allows foreign national offenders to be deported at any time during their sentence, are important to Northern Ireland. Because of article 2 of the Windsor framework, an assessment has been made that there is a risk that these offenders will not be removed in Northern Ireland, leaving us with a two-tier system in which foreign criminals in Northern Ireland benefit from additional EU-derived human rights protections, rather than being sent home. Will the Minister meet me and a number of my colleagues to discuss this important issue to Northern Ireland?

[Jake Richards]

This issue was raised, I think on Second Reading and on Report, by one of the hon. Member’s colleagues. The legal advice we have received simply states that there is no discrepancy in Northern Ireland. I am happy to have a conversation with her and any other colleagues on that. It is clearly only right that these provisions apply to Northern Ireland, too.

The Government are committed to greater transparency on prison and probation capacity, and to current and future Governments being held to account. We have demonstrated that by publishing the first annual statement on prison capacity, in December 2024; the 2025 edition will follow shortly. Lords amendment 6 delivers on that promise by making it a statutory requirement to lay a statement on prison capacity before Parliament each year. Legislating on this duty ensures transparency in the long term, and delivers on the Government’s commitment to do so. Never again will we be in the position that this Government inherited after the previous Government overlooked prison capacity for 14 years, leading to the crisis with which we had to deal.

The Government have also accepted Lords amendment 12, which removes the clause that would have introduced a power to publish the names and photographs of those subject to an unpaid work requirement. The purpose of the clause was to increase the visibility of community pay-back, and to ensure that the public could clearly see justice being delivered. We remain committed to ensuring that local communities can see the benefits of community pay-back in their area. However, we have listened carefully to those in both Houses who have raised issues relating to this measure, and, perhaps more important, to the concerns raised by our brilliant probation and prison staff on the ground, and following careful consideration we do not think it appropriate to proceed any further. We are confident that unpaid work, bolstered by wider provisions in the Bill, will continue to be tough and visible without the addition of this measure.

We are pleased to have made further progress on sentences of imprisonment for public protection. We want to do everything we can to enable those who are still serving such sentences to progress to the end of them, but we are not willing to undermine public protection. The amendments made in the Bill strike that careful balance. The Victims and Prisoners Act 2024 made significant changes to the IPP licence period: the qualifying period for referral to the Parole Board for consideration of licence termination was reduced from 10 years after first release to three years for those serving IPP sentences, and two years for those serving detention for public protection sentences who were convicted when they were under 18.

It is over a year since the first of those measures came into force. The licences of 1,700 people were terminated automatically on 1 November 2024, and a further 600 became eligible for referral to the Parole Board on 1 February last year. We have now gone further by giving those serving IPP sentences an earlier opportunity for licence termination, and providing an additional opportunity for license termination to those serving IPP and DPP sentences thereafter. Those serving IPP sentences will be considered for licence termination two years after release, rather than the current three years. That provides suitable time for support and rehabilitation in the community, while ensuring that our communities are best protected from harm.

Oral Answers to Questions

Carla Lockhart Excerpts

Tuesday 16th December 2025 Commons Chamber

[Mr Lammy]

My hon. Friend is right. That is what we are doing in the Sentencing Bill, which is going through Parliament, which will enable us to remove foreign nationals earlier—a key component of the Bill. We are absolutely clear: if someone comes to our country and commits a crime, they no longer have any right to be here.

[Carla Lockhart (Upper Bann) (DUP)]

Last week in Northern Ireland, a 26-year-old Palestinian migrant was found guilty of sexually assaulting a 15-year-old boy. The police refused to publish an image of this man, meaning that people do not know who he is or if he is showing concerning behaviour. Can the Minister assure us that whether in GB or in Northern Ireland, any migrant found guilty of sexual offences will not only have their picture published, but be deported?

[Mr Lammy]

We are deporting foreign nationals, as I have explained. This is a devolved issue, and it would be wrong for me to comment on individual cases. If she writes to us about it, she will get a ministerial response.

Criminal Court Reform

Carla Lockhart Excerpts

Tuesday 2nd December 2025 Commons Chamber

[Mr Lammy]

I recognise that there will be a range of cases beyond those that will now sit with the magistrates, in which the sentence would be more than 18 months and up to three years. However, I believe it must be left to our magistrates and judiciary to make the appropriate determination.

[Carla Lockhart (Upper Bann) (DUP)]

We are supposed to have a legal system we are proud of, and the purpose of jury service is to ensure a fair and impartial justice system. Although there are dire backlogs in Crown court hearings in England, as well as delays in Northern Ireland, would the Lord Chancellor consider other options—such as fully funding and resourcing the system to address backlogs—as opposed to removing a civic obligation that people in this country believe in and have upheld for the sake of a fair judicial system?

Oral Answers to Questions

Carla Lockhart Excerpts

Tuesday 11th November 2025 Commons Chamber

[Alex Davies-Jones]

My hon. Friend asks an important question. Parliament intended the unduly lenient sentence scheme to be an exceptional power, and any expansion of the scheme must be carefully considered. She will be aware that we had a recent debate on this issue on the Floor of the House in considering the Victims and Courts Bill. I have heard the strength of feeling in this House and among campaigners on this matter, and I am looking at it closely.

[Carla Lockhart (Upper Bann) (DUP)]

Yesterday, the Police Ombudsman for Northern Ireland reported that the Police Service of Northern Ireland’s cyber-crimes team lacked the capacity and capability to manage the threat posed by prolific online sex offender Alexander McCartney, whose abuse led to the tragic death of 12-year-old Cimarron Thomas in 2018 and targeted at least 70 other children. Will the Minister confirm what steps are being taken to ensure that cyber-crime teams across the whole of the UK are properly resourced to deal with online child sexual exploitation?

Oral Answers to Questions

Carla Lockhart Excerpts

Wednesday 5th November 2025 Commons Chamber

[Carla Lockhart (Upper Bann) (DUP)]

The Minister will know that I am unashamedly pro-life. While I strongly welcome the Government’s commitment to ending violence against women and girls, surely that must mean protecting women from harm and coercion in every setting. Given the serious safeguarding concerns and reports of coercion linked to abortion pills by post, will she commit to reviewing that policy to ensure that women are never put at risk?

[Jess Phillips]

The hon. Lady makes a very important point about how women’s health can be used in coercion, especially their fertility—on both sides of the coin: about having an abortion or not having one. She will know that, unlike her, I am positively pro-choice. However, she is absolutely right that, when we look at any changes to abortion legislation in our country, those conversations will absolutely be going on, and all safeguards will be put in place.

Justice

Carla Lockhart Excerpts

Monday 1st September 2025 Written Corrections

The following is an extract from Justice Questions on 3 June 2025.

[Carla Lockhart (Upper Bann) (DUP)]

Recently, I attended a service marking 40 years since William Heenan was murdered by the IRA for being a Protestant. While we honoured his memory, the self-proclaimed “First Minister for all” in Northern Ireland was visiting the newly erected statue of IRA terrorist Bobby Sands, glorifying the movement responsible for the cold-blooded murder of men such as William. Will the Minister agree to meet me and innocent victims from Northern Ireland regarding the review and improvement of the glorification of terrorism legislation that applies to Northern Ireland?

[Shabana Mahmood]

As I think the hon. Lady will be aware, that is primarily a policy area for our colleagues in the Northern Ireland Office, but I will make sure that we raise those issues with them.

[Official Report, 3 June 2025; Vol. 768, c. 167.]

Written correction submitted by the Lord Chancellor and Secretary of State for Justice, the right hon. Member for Birmingham Ladywood (Shabana Mahmood):

Trial by Jury: Proposed Restrictions

Carla Lockhart Excerpts

Wednesday 9th July 2025 Commons Chamber

[Sarah Sackman]

I can tell that my hon. Friend has taken the liberty of actually reading the report, because he has identified the central premise and argument that Sir Brian Leveson, one of our most distinguished judges, makes in it, which is this: we cannot simply sit our way out of the crisis we have inherited. We need to carefully consider once-in-a-generation structural reform. We have got to combine that with investment, too, which this Government are already doing with the 4,000 additional sitting days that we have added, over and above what the previous Government agreed. My hon. Friend is absolutely right: it is about investment plus reform.

[Carla Lockhart (Upper Bann) (DUP)]

Does the Minister accept that changes to fundamental rights, such as trial by jury, in one part of the United Kingdom could create serious divergence across jurisdictions and raise questions about equal access to justice for citizens in Northern Ireland?

[Sarah Sackman]

As the hon. Member well knows, justice is a devolved matter, and it is right that decisions involving justice are taken at the correct level, but I assure her and the rest of the House that the state’s obligation to provide a fair trial is paramount. Whether, as is currently the case, someone’s case is heard in the magistrates court without a jury, or whether, as for the most serious cases—and as will continue to be the case—a case is heard with a jury, the point is that the state must deliver a fair trial. The question of equal access to justice therefore simply will not arise.

ADHD: Impact on Prison Rehabilitation and Reoffending

Carla Lockhart Excerpts

Tuesday 1st July 2025 Westminster Hall

[Tessa Munt]

Indeed, I do agree. Our interaction with the NHS needs to be far better. I will come to that later.

In December 2020, the then Lord Chancellor and Secretary of State for Justice took the important step of commissioning an independent review into neurodiversity in the criminal justice system. The review was led by the chief inspector of prisons, Charlie Taylor; the chief inspector of probation, Justin Russell; and the chief inspector of constabulary and fire and rescue services, Sir Thomas Winsor. The resultant report concluded that when ADHD goes unrecognised or unsupported, the cycle of

“crime, arrest, court, prison, probation and reoffending”

will repeat itself. That is likely to be because the root cause driving that cycle of constant repetition is not currently being addressed in a structured or uniform way in the criminal justice system.

According to the report, the identification, support and management of neurodiverse individuals, including those with ADHD, is “patchy, inconsistent and uncoordinated”. It exposed

“serious gaps, failings and missed opportunities at every stage of the system.”

To put it simply, the report identified that the system was not adequately supporting neurodiverse individuals.

There are many elements of the prison environment that can cause distress to neurodiverse people, including busy and noisy wings, cell-sharing and frequent changes in daily routine. There is no consistent approach to screening for ADHD across prison services, and no single screening tool is used as a standard across the system. The lack of consistent screening means that people who come into the system with ADHD are not identified in a timely manner, or indeed at all.

[Carla Lockhart (Upper Bann) (DUP)]

Does the hon. Member agree that there is also a real problem with data collection, which means that the extent of the problem in our prison service is not known? We experience that problem in Northern Ireland, and I am sure it is the same across the United Kingdom.

[Tessa Munt]

Indeed, there is no consistent data collection. That is a problem not only in Northern Ireland, but in England and Wales, which the debate is primarily about. If someone is identified and diagnosed, it can be hard for them to access the right care and support due to fragmented care pathways. That is compounded by limited awareness and understanding of ADHD in the prison services.

Theft of Tools of Trade

Carla Lockhart Excerpts

Wednesday 11th June 2025 Westminster Hall

[The Parliamentary Under-Secretary of State for Justice (Sir Nicholas Dakin)]

Let me start by paying tribute to the chairman of the Sentencing Council, Lord Justice William Davis, after the sad news that he passed away at the weekend. I met Bill on a number of occasions and was always impressed by his courtesy, kindness and sharpness of mind. He made a significant contribution to criminal justice. I would particularly like to recognise his work serving on the Sentencing Council, first as a judicial member between 2012 and 2015 and then as its chairman from 2022. On behalf of the House, I extend our deep condolences to Lady Davis, his children and all those who knew him.

I thank my wonderful hon. Friend the Member for Portsmouth North (Amanda Martin) for securing this important debate. She is a doughty campaigner on the subject, as we have heard from hon. Members on both sides of the House, and has championed it inside and outside Parliament. As she said, such crime has a real impact on people’s lives and businesses. I thank her for continuing to bring it to the Government’s attention.

The small businesses affected and damaged by tool theft are anchored in their local communities, give life to their local economies and make a positive difference to people’s lives. They are truly the lifeblood of our country. I acknowledge the very real and often devastating impact that the theft of tools has on individuals, families and businesses. My hon. Friend the Member for Hemel Hempstead (David Taylor) illustrated very effectively the devastation and personal impact in the tragic case of his constituent. For many tradespeople—plumbers, electricians, carpenters, builders and countless others, including the tradesperson that he referred to—their tools are essential for their livelihoods. When those tools are stolen, the consequences are not just financial loss; as hon. Members have said, it disrupts work, delays income and impacts professional reputation and confidence.

For those reasons, the Government take the theft of tools of trade extremely seriously. We understand the frustration and anger felt by victims and the calls for tougher action. That is why we are addressing the issue with a comprehensive, multi-pronged approach that focuses on prevention and enforcement.

[Carla Lockhart (Upper Bann) (DUP)]

Northern Ireland has been named as one of the top hotspots for tool theft in the United Kingdom, with tools stolen every 12 minutes according to police force data. Does the Minister agree that, although this is primarily a devolved issue, we should be looking at what is being done in Great Britain and replicating it in Northern Ireland, such is the extent of the problem across the United Kingdom? Will he reach out to his counterparts in Northern Ireland to discuss the issue?

[Sir Nicholas Dakin]

I certainly agree with the hon. Lady that, sadly, this problem is not restricted to only some parts of the United Kingdom, and all parts of the UK need to learn from each other. I will certainly reach out to the Northern Ireland Executive on this matter.

Let me talk about prevention. We know that many tool thefts occur from vehicles, particularly vans used by tradespeople. That is why we have strengthened our response to vehicle-related crime through the national vehicle crime working group, which involves an established network of vehicle crime specialists across every police force in England and Wales. Those specialists are working together to share intelligence, identify emerging trends and co-ordinate regional responses to tackle this issue more effectively.

This is not just about reactive policing. It is about proactive and intelligence-led operations that disrupt criminal activity before it escalates, and about ensuring that police forces are equipped with the resources and information they need to respond swiftly and effectively to reports of tool theft. We are working closely with the National Police Chiefs’ Council lead for vehicle crime to take forward a programme of work to drive down these crimes. That includes training police officers on the methods used to steal vehicles and working with industry to address vulnerabilities in vehicle design and security.

We are supporting law enforcement in disrupting organised criminal networks that profit from tool theft. That includes targeted operations, collaboration with regional organised crime units, and investment in training and resources for police officers to improve their ability to investigate and prosecute tool theft cases effectively.

Enforcement is the other critical pillar of our approach. The maximum penalty for theft is seven years, which is substantial, and that is available to the courts for the most serious and persistent offenders. We must ensure that our judicial system continues to respond appropriately to offences involving the theft of tools and recognises the serious impact of those crimes. It is absolutely right that sentencing decisions remain the responsibility of our independent judiciary.

Our courts are best placed to assess the full circumstances of each individual case, drawing on the evidence presented. That includes careful consideration of the harm caused to victims—so ably highlighted by hon. Members in this debate—the culpability of the offender and any aggravating or mitigating factors that may influence the seriousness of the offence. Judicial independence is a cornerstone of our justice system and ensures that decisions are made impartially, free from political influence.

Courts are required by law to follow sentencing guidelines issued by the Sentencing Council. Those guidelines are designed to promote consistency, transparency and fairness in sentencing across England and Wales. The current sentencing guidelines for theft already provide a robust framework that enables courts to take full account of the seriousness of offences involving the theft of tools of trade.

Specifically, the guidelines identify a range of aggravating factors that may warrant a more severe sentence. Those include offences that are of a sophisticated nature, that involve significant planning or that are committed over a sustained period. Where such factors are present, the court is expected to treat them as indicators of higher culpability or greater harm, which can lead to an uplift in the sentence. That should ensure that the most serious and disruptive forms of theft—such as those targeting tradespeople’s essential tools—are dealt with appropriately within the existing framework.

The sentencing guidelines for theft explicitly require courts to consider the broader consequences of the offence when determining the appropriate sentence. That includes the consequential financial harms suffered by victims, which, as has been highlighted, may involve not only the cost of replacing stolen goods, but, sadly, lost income and significant business disruption.

Hon. Members have also drawn attention to the wider impacts on mental health and general wellbeing. I hope the courts bear those in mind and hear that clear message. My hon. Friend the Member for Portsmouth North highlighted those issues very well in her speech, but other hon. Members also amplified them in their comments.

The guidelines also direct courts to take into account the wider impact on businesses, particularly where the offence affects the ability of a tradesperson or small enterprise to operate effectively. In addition, emotional distress caused by the offence, such as anxiety, stress or a loss of confidence in personal safety, is recognised as a significant factor in assessing harm. That should ensure that the impact of this type of crime is properly reflected in the court’s decision.

With regard to compensation, it is important to note that courts are required by law to consider making compensation orders in all cases involving injury, loss or damage. Compensation orders require offenders to make financial reparation to their victims, ensuring that offenders are held accountable through not just punishment, but restitution.

As an independent body, the Sentencing Council decides its own priorities and work plan for producing or editing its guidelines. It is of course open to individuals to approach the council to ask that it does so, and I encourage my hon. Friend—as well as hon. Members who have spoken in the debate and others who are concerned about the issue—to share their concerns with the council. I encourage it to look at the matter closely. Knowing my hon. Friend, I am sure that she is ahead of me on this journey and that that is already in hand.

On improving the sentencing framework, the Government launched an independent sentencing review in October to comprehensively examine the sentencing framework in its entirety. The sentencing review published its recommendations in May, most of which the Government have accepted. We will bring forward legislation in due course to give effect to these important reforms. As my hon. Friend indicated in her remarks, there is a need for tough, visible and effective punishments, which is what the Government are committed to delivering.

We recognise the growing public and parliamentary concern about tool theft. My hon. Friend has carried out a real public service by shining a light on the issue, which resonates with people across the country, and she has rightly built cross-party support, as we have seen. As she said, she has been energised by the campaign, but the campaign has also energised others, including the Government, so I thank her for that. Hon. Members on both sides of the House have spoken to support her, and campaign groups have been raising awareness and calling for action.

I reaffirm the Government’s unwavering commitment to tackling this type of crime. We fully recognise the vital role that tradespeople and small business owners play in our economy and communities, of which they are the lifeblood. As my hon. Friend the Member for York Outer (Mr Charters) said, they are the “grafters of this country”. We are determined to ensure that they are protected from the disruptive and damaging effects of tool theft.

Tool theft is not a minor inconvenience; it is a serious crime that undermines livelihoods, causes financial hardship and erodes public confidence. That is why we are taking robust action to prevent these offences and ensure that those who steal the tools of someone’s trade are held accountable and brought to justice through the full force of the law. Tool theft will not be tolerated. I look forward to discussing this important matter with my hon. Friend the Member for Portsmouth North as she continues her campaign, part of which will be meeting with me next week.

Question put and agreed to.

Oral Answers to Questions

Carla Lockhart Excerpts

Tuesday 3rd June 2025 Commons Chamber

[Carla Lockhart (Upper Bann) (DUP)]

Recently, I attended a service marking 40 years since William Heenan was murdered by the IRA for being a Protestant. While we honoured his memory, the self-proclaimed “First Minister for all” in Northern Ireland was visiting the newly erected statue of IRA terrorist Bobby Sands, glorifying the movement responsible for the cold-blooded murder of men such as William. Will the Minister agree to meet me and innocent victims from Northern Ireland regarding the review and improvement of the glorification of terrorism legislation that applies to Northern Ireland?

[Shabana Mahmood]

As I think the hon. Lady will be aware, that is primarily a policy area for our colleagues in the Northern Ireland Office, but I will make sure that we raise those issues with them.