Criminal Justice

Catherine Atkinson Excerpts

Wednesday 25th June 2025 Commons Chamber

[Catherine Atkinson (Derby North) (Lab)]

With 80% of offenders being reoffenders, does that not show that our current system is really broken and that we need a different approach? Does my hon. Friend agree that we have an opportunity with the sentencing review to keep our communities safer by properly addressing reoffending?

[Andy Slaughter]

My hon. Friend, who is knowledgeable on these issues, is absolutely right. We are relying on the implementation of the Gauke review’s recommendations to do two things: to ensure there is capacity in the prisons for the growing number of people being sentenced in our courts; and, in the longer term, to reduce prisoner numbers through effective rehabilitation. That can take place in prisons—not in overcrowded prisons on the whole —but it can take place more effectively in the community by way of getting people back into normal daily life, which prison certainly is not.

In that vein, let me turn to the Probation Service, which will receive an additional £700 million a year to support the reforms in the sentencing review. That is a substantial increase in funding, which is intended to enable probation to supervise more people in the community and expand electronic tagging.

The Probation Service currently manages 240,000 individuals on court order or licence. Worryingly, in last year’s annual report, HM inspectorate of probation labelled 10 local probation services as “requires improvement” and 14 as “inadequate”. It identified staffing challenges, unmanageable workloads, deficits in casework and insufficient management of risk, public protection and safeguarding. However, it also found outstanding statutory victim work, commitment and vision from staff and some good partnership working. The Committee has seen that itself on its visit to probation services.

I will however raise my concern about the ability of Serco, the current electronic tagging provider, to deal with the dramatic increase in demand on its services that will inevitably result from the sentencing Bill. The Committee has been in frequent correspondence with the Prisons Minister to raise our concerns regarding Serco’s poor performance, which has also been highlighted by Channel 4 and its “Dispatches” programme.

The Committee has identified several issues with management of the tagging contract, including substantial delays to the fitting of tags, even to serious offenders. We were shocked to learn that financial penalties have been levied on Serco every month since it took on the service in May 2024. It is unclear how Serco will be able to deal with increased demand given its unacceptable performance in managing the electronic tagging service at its current level.

I turn briefly to conditions in the prison estate. In 2023, HM chief inspector of prisons Charlie Taylor said that one in 10 prisons should be closed down. He stated that about 14 Victorian jails were so poorly designed, overcrowded and ill-equipped that they could not provide proper accommodation for prisoners. Last year, 63% of prisoners reported overcrowding. That is often with two or more prisoners in a cell that was designed for one person, with no private toilet facilities.

Drugs are an increasing problem in prisons. The Committee has covered that extensively in its “Tackling drugs in prisons” inquiry, which is due to report shortly. Between April 2023 and April 2024, almost 50,000 adults aged 18 and over were in alcohol and drug treatment in prisons and secure settings, which was a 7% rise compared with the previous year. In the 12 months to December 2024, there were 10,600 assaults on prison staff—violence is also on the increase in prison, which is partly a result of the unpredictable environment created by the abundance of drugs available—which is equivalent to 122 assaults per 1,000 prisoners, an increase of 13% from the previous year and the highest number of assaults on prison staff recorded in one year. The use of force by prison officers and rates of self-harm among prisoners have also been increasing in recent years. Self-harm was 10% higher in 2024 than in 2023.

Overcrowding, increased drug use, violence and self-harm contribute towards a distressing environment in prisons such that the vital function of prisons to rehabilitate offenders can be almost impossible in some institutions. We are undertaking a major inquiry into rehabilitation and resettlement, which I hope will shed more light on these troubling pictures.

Beyond all that, we have the continuing scandal of IPP prisoners—those imprisoned for public protection. I recommend to the Minister the proposals published this week by the Howard League on a new approach to IPP prisoners, which would serve to reduce the numbers continuing in custody substantially.

Let me turn to His Majesty’s Courts and Tribunals Service, which is the second-largest body in the MOJ. In the Government’s main estimate for 2025-26, spending on HMCTS accounted for 21% of planned resource spending and 12% of capital spending. The current backlog of outstanding cases in the Crown court stands at about 4,000. That is a result of a number of factors, one of which is the shortage of criminal lawyers, driven by low legal aid pay rates and poor working conditions. The backlog in the courts is detrimental to the lives of thousands of people. Victims, witnesses and defendants alike are forced to wait in limbo for justice.

Terminally Ill Adults (End of Life) Bill

Catherine Atkinson Excerpts

Report stage
Friday 20th June 2025 Commons Chamber

[Jess Asato (Lowestoft) (Lab)]

I did not start this process opposed to the idea of assisted dying, but having worked in the field of domestic abuse, I found myself increasingly concerned about how this Bill would impact on those who are most vulnerable to coercion and abuse. As a Labour MP, I reflected on why I joined the Labour party. It was because of our commitment to protecting the vulnerable and fighting for equality, suspicious of individualism and narrow notions of choice that turn a blind eye to the impact of that choice on others.

If I could legislate to create a Bill just for me, I would be tempted by these measures, but I believe my role as an MP is to legislate in the best interests of those who have no voice, whose choices are often limited by poverty, the patriarchy, racism, trauma, ill health, and state and societal failure. We must recognise that if we advance this Bill yet further today, there will be unintended and undesirable consequences, and it is the Bill in front of us that we are voting on today—not the principle, or a distant promise that the other place might fix the holes, but what we know is in, and not in, this legislation.

I would like to briefly illustrate the reasons why I believe this Bill will create harm for families across our country. Imagine the scenario of your mother. You were there when Dad used to belittle her. In public, it was jokes putting her down, but in the house, you would hear him say that she was worthless and ugly and would be better off dead. You got out of there as soon as you could, but she would never leave—she loved him, and could not see a life for herself outside of his control. You could see her health deteriorating, but he often stopped her from going to the doctor or reaching out to friends. One day, you get a call from your dad to say, “She’s dead. She got an assisted death.” You worry that she took her life, not because of her illness, but because it was the only way out from the abuse. You fear that your dad made her do it, but there was no chance for you to tell anyone about your concerns, and there is no automatic requirement for an investigation by a coroner. Would you ever be able to prove his malign control now that she is gone?

Imagine that you have a brother who has struggled with an eating disorder ever since he entered secondary school. He was sexually abused by a family friend and never received any real support for what he went through, and court backlogs mean that the criminal case is still ongoing. He spends longer and longer watching social media influencers paid by assisted dying companies to advocate for what they call a peaceful end to life. He begins to starve, and doctors withdraw treatment because they claim nothing more can be done. You get a call only a few months after his 18th birthday to tell you that your brother has opted for an assisted death.

[Catherine Atkinson (Derby North) (Lab)]

Will my hon. Friend give way?

[Jess Asato]

No, thank you. I am sorry, but we have to make time for others.

We know from other jurisdictions that it is disproportionately older and disabled people who would access assisted dying. These are two of the groups most vulnerable to abuse or coercion, particularly by strangers through financial abuse and cuckooing. Coercion is not just a risk with this legislation, but a certainty. There are 2.3 million victims of domestic abuse in the UK. Even if this Bill implemented gold-standard training—we do not know that it will—professionals will not be able to identify everyone. It is sadly inevitable that if the Bill passes, it is the most vulnerable people in our society who will experience wrongful deaths. A prominent campaigner in favour of this Bill said:

“Even if a few grannies get bullied into it, isn’t that a price worth paying for all the people who could die with dignity?”

Please, we must not settle for this. In a system designed to end life, there can be no room for doubt or human error. Coercion and abuse are real—they happen all around us all the time, whether or not we want to see them, as does feeling like a burden. Perceiving yourself as a burden is a common phenomenon associated with having a terminal illness, one that often leads to a desire to die. This Bill allows that feeling of being a burden—to those closest to you, and to society more broadly—to be acted on, rather than treated.

Research has found that doctors wrongly predict how long terminally ill people have to live in over half of cases. There is so much life left to live after a terminal diagnosis. We should not relinquish our bonds, duties and responsibilities towards each other as fellow human beings. I urge colleagues to reject this Bill.

Oral Answers to Questions

Catherine Atkinson Excerpts

Tuesday 3rd June 2025 Commons Chamber

[Sir Nicholas Dakin]

Third sector organisations like LandWorks deliver valuable rehabilitation, wellbeing support and advocacy services across England and Wales, and they partner effectively with HMPPS in many different ways. The work of key organisations like the one the hon. Member mentions is incredibly important and essential in reducing reoffending, and we continue to invest in it. I would be happy to meet her to discuss the matter further and see what more can be done.

[Catherine Atkinson (Derby North) (Lab)]

Lack of work is a key driver of reoffending. Derby medical manufacturing company Pennine Healthcare has some offenders who work for the company on day release, but it is exploring a project to manufacture in prisons, providing skills and potential work on release. Does the Minister agree that, rather than the continuing revolving door of reoffending, we need to ensure that there is both punishment and meaningful rehabilitation? May I invite the Minister to visit and learn more about the project?

[Sir Nicholas Dakin]

My hon. Friend highlights yet another piece of excellent work that is going on across our prison estate in partnership with other organisations. Again, if she writes to me, I would be happy to allow my diary manager to see how my diary is performing.

Protection of Prison Staff

Catherine Atkinson Excerpts

Monday 12th May 2025 Commons Chamber

[Sir Nicholas Dakin]

I thank the hon. Member for his question and for meeting me earlier in this Parliament to discuss these issues. Yes, these things rightly need to be kept under review, and the conversations taking place with the workforce through the Prison Officers Association and other bodies will continue to make progress on this matter.

[Catherine Atkinson (Derby North) (Lab)]

Violence in prisons escalated for years under the previous Government, who left our prisons at breaking point. What is the Minister doing to bring down levels of violence in our jails?

[Sir Nicholas Dakin]

My hon. Friend is right to point that out. A violence reduction training module is available to all staff to help them better understand the drivers of violence and how to mitigate and manage those risks, including the use of a case management model for those at raised risk of being violent. Measures to ease prison crowding are vital for improving prison safety, as we know that crowded conditions can fuel violence. In recent years, prisons have expanded security measures, such as X-ray body scanners and airport-style enhanced gate security, to tackle the smuggling of drugs, mobile phones and other contraband that can drive violence in prisons. We must always be alert and moving things forward because the situation is forever changing.

Sentencing Guidelines (Pre-sentence Reports) Bill

Catherine Atkinson Excerpts

Committee of the whole House & Report stage
Wednesday 30th April 2025 Commons Chamber

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

It is a pleasure to serve with you in the Chair, Mrs Cummins. I wish to thank hon and right hon. Members for the points that have been made and the amendments that have been discussed, which I shall respond to in turn. I shall speak briefly to each clause and then remind us of why we are here debating this Bill.

In the last Parliament, the Sentencing Council consulted on a revised imposition guideline, which was due to come into effect on 1 April. The revised guideline includes additional guidance on when courts should request pre-sentence reports. It notes that pre-sentence reports will “normally be considered necessary” for certain offenders, including those from an ethnic, cultural or faith minority. The “normally be considered necessary” is replaced with “may be particularly important”, which the previous Government very much welcomed.

This Government note that a pre-sentence report is necessary. They agree that disparities exist in the criminal justice system. The reasons for that are unclear, but this is a matter for the Government, accountable to Parliament and to the ballot box, to address.

In effect, the revised guideline could have led to judges deciding whether to request a pre-sentence report based on an offender’s faith or the colour of their skin. The Lord Chancellor has been clear that this would be unacceptable, as it risks differential treatment. Singling out one group over another undermines the idea that we all stand equal before the law—a principle that has been in the foundations of our justice system for centuries, and that is why she acted immediately and quickly. By preventing the Sentencing Council making guidance on pre-sentence reports with reference to personal characteristics, this Bill helps to ensure equality before the law.

Clause 1 amends section 120 of the Coroners and Justice Act 2009. It provides that sentencing guidelines may not include provision framed by reference to different personal characteristics, including race, religion, belief or cultural background. Therefore, any existing guidelines that make reference to different personal characteristics will cease to have effect and the Sentencing Council is prevented from making such provisions in guidelines in the future.

The changes made by this clause prevent the Sentencing Council making policy about when pre-sentence reports should be obtained that risks differential treatment before the law, and which could undermine public confidence in the criminal justice system.

The sentencing code is clear that courts should obtain pre-sentence reports unless, in the circumstances of the case, it is unnecessary. The clause does not affect the independent judiciary’s ability to make decisions based on the personal circumstances of an individual offender, or determine where pre-sentence reports are necessary or desirable. Nor does it stop the Sentencing Council from advising, in general terms, that pre-sentence reports are sought in cases where the court would benefit from an assessment of an offender’s personal circumstances.

[Catherine Atkinson (Derby North) (Lab)]

Pre-sentence reports, as the Minister has set out, are important in considering punishments that can address offending behaviour and help reduce the likelihood of reoffending. But, very often, probation is stretched so thin that officers do not have time to complete them. What will the Minister do to ensure that, where a pre-sentence report is required, probation has the capacity to do that important work?

Criminal Injuries Compensation

Catherine Atkinson Excerpts

Tuesday 29th April 2025 Westminster Hall

[Catherine Atkinson (Derby North) (Lab)]

It is a pleasure to serve under your chairship, Dr Murrison. I congratulate my hon. Friend the Member for Birmingham Northfield (Laurence Turner) on securing this debate, and on his powerful and personal speech. It is an honour to follow the speech from my hon. Friend the Member for Warrington North (Charlotte Nichols), who was eloquent and forceful.

The criminal injuries compensation scheme is an important fund of last resort for many victims of crime who cannot seek compensation through litigation. In the 17 years that I was a barrister, before I was elected last year, I represented many victims of crime at its tribunal. I saw the difference that it could make, but also the limitations and restrictions imposed on the scheme in 2012, which seemed more about saving money than ensuring that victims got compensation for the harm that they had suffered.

I rise to raise a specific concern related to a feature of the scheme that I think is indefensible, and one that the courts have sought to temper. Ultimately, the scheme itself should be changed so that it has a legally sound and consistent basis, and so that it makes sense. It may come as a surprise to many listening that the criminal injuries compensation scheme applies a different legal test from that applied in our criminal courts when it comes to consent.

Unlike our criminal law, the criminal injuries compensation scheme does not recognise that some people cannot legally consent. According to annex B, paragraph 2(d), only those who does not “in fact” consent can receive compensation. That means that if a victim says yes to sexual activity, even when under the age of 16, they are taken to have consented. A child abused or exploited over many years, who knows no better than to agree when an abuser proposes sexual contact, will not be taken to be a victim of a crime of violence because they consented.

If the House wants to be horrified by a legal principle that is still good law, it should read the decision of the Court of Appeal in a case called August from 2000. In that case, a 13-year-old boy, described by the then Lord Chief Justice in the criminal proceedings as “already corrupt”, was paid for sex by a 53-year-old man, but was held not to have been a victim of a crime of violence because he had allegedly consented.

It is true that in the years since the case of August, the courts and tribunals have sought to narrow the principle a bit. A few years after, the Court of Appeal found—some may consider unsurprisingly—that submission is not “real consent” and, in another case, it directed a focus on the applicant’s “relative vulnerability”, “subservience” and “lesser responsibility” as relevant factors, though many may be surprised that any responsibility in those circumstances was found. Far more recently, the Court ruled in the case of RN vs. CICA that sexual abuse causing non-physical injury is included within the scheme. However, the very fact that these sorts of workarounds have had to be introduced shows the indefensibility of the underlying principle. We cannot, and should not have to, rely on tribunals to apply legal rules creatively to seek to achieve just outcomes.

I understand that the Conservative Government left us with the public finances in tatters and public services on their knees, and I understand the concern about expanding the number of victims who might be eligible for compensation, but I hope that the Government will consider this clearly inconsistent approach between our criminal law and the law when it comes to compensating victims, and fix it.

Oral Answers to Questions

Catherine Atkinson Excerpts

Tuesday 22nd April 2025 Commons Chamber

[Catherine Atkinson (Derby North) (Lab)]

11. What steps her Department is taking to help reduce levels of reoffending among young people.

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

The Government are determined to reduce youth reoffending as part of our safer streets mission. Despite the huge fiscal challenges we inherited, we have been able to increase our core funding to youth offending teams across the country, allowing them to support children away from crime.

[Sir Nicholas Dakin]

My hon. Friend is exactly right. In the past, antisocial behaviour has been too easily dismissed as low-level, but as he rightly describes, it can cause real distress and misery to our communities. I am pleased that the new Crime and Policing Bill includes measures to enhance police powers to seize nuisance offroad bikes and other vehicles used in an antisocial manner.

[Catherine Atkinson]

Engineered Learning in Derby teaches welding skills to young people at risk of offending and reoffending. A qualified, experienced welder can earn more than £50,000, yet we have a national shortage of welders. Does the Minister agree that preventing reoffending and securing the skills our country needs is a win-win, and will he look at how we can get more young lives back on track, learning trades such as welding?

[Sir Nicholas Dakin]

My hon. Friend is exactly right. What Engineered Learning is doing is a clear win-win, teaching welding skills and moving people away from crime. The Department will continue funding youth offending teams to work with local education and employment providers to help young people get the skills they need to have productive careers and positive lives.

Terminally Ill Adults (End of Life) Bill

Catherine Atkinson Excerpts

2nd reading
Friday 29th November 2024 Commons Chamber

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)]

I congratulate my hon. Friend the Member for Spen Valley (Kim Leadbeater) on bringing forward this Bill, which has been the occasion of a very important national conversation. I recall to the House the fact that, in 1969, Parliament voted to abolish the death penalty for murder. Public opinion was actually against that change, but MPs believed, on a point of principle, that the state should not be involved in taking a life. It was a good principle in 1969 and it remains a good principle today.

I am not against legalising assisted dying in any circumstance, but I have many reservations about this Bill. In particular, I do not believe that the safeguards are sufficient. They are supposed to be the strongest in the world because of the involvement of a High Court judge, but the divisional courts have said that

“the intervention of a court would simply interpose an expensive and time-consuming forensic procedure”.

Sir James Munby, the former president of the family division of the High Court, said recently:

“Only those who believe implicitly in judicial omniscience and infallibility—and I do not—can possibly have any confidence in the efficacy of what is proposed.”

Is the judge supposed to second-guess doctors? Will the judge make a decision on the basis of paperwork? Or will there be a hearing in open court? Where will be the capacity in the criminal justice system to deal with all this? Far from being a genuine safeguard, the involvement of a judge could just be a rubber stamp.

[Catherine Atkinson (Derby North) (Lab)]

More than two thirds of care proceedings involving the most vulnerable children in our society cannot be completed within six months. Does my right hon. Friend agree that there is a real concern that the safeguard is not deliverable, or risks being the rubber stamp that I know my hon. Friend the Member for Spen Valley (Kim Leadbeater) does not want it to be?

[Ms Abbott]

I entirely agree with my hon. Friend.

Robust safeguards for the sick and dying are vital to protect them from predatory relatives, to protect them from the state and, above all, to protect them from themselves. There will be those who say to themselves that they do not want to be a burden; I can imagine myself saying that in particular circumstances. Others will worry about assets they had hoped to leave for their grandchildren being eroded by the cost of care. There will even be a handful who will think they should not be taking up a hospital bed.