Coronation: Policing of Protests

Debate between Chris Philp and Daisy Cooper

Tuesday 9th May 2023 Commons Chamber

[Chris Philp]

As I said earlier, those letters were not, as far as I can recall, sent in my name. They may well have been attempting to be helpful by clarifying recently enacted legislation that some groups may not have been familiar with; it is not unreasonable to try to ensure that relevant parties know when the law changes. On journalistic freedom, as the hon. Lady says, this House—supported by the Government—voted particularly and specifically to protect journalists, and that is the right thing to do. If anyone feels that that has not been properly implemented, complaints procedures are available.

[Daisy Cooper (St Albans) (LD)]

Among those arrested on Saturday was Rich Felgate, a documentary filmmaker, who identified himself as a journalist. He claims that a police officer ripped off his press credentials, and that he was then arrested and detained. The Minister will know that Rich was one of four journalists and filmmakers who were arrested and detained in or near my constituency in Hertfordshire last November. It is incomprehensible to me that after the outcry last November, police forces can keep getting the basics wrong when it comes to protecting the freedom of the press and the right of journalists to do their jobs. Will the Minister look again at the legislation and consider the proposal for a statutory duty on police to facilitate peaceful protest and for a code of conduct so that the police and protesters know where they stand?

[Chris Philp]

As I have said two or three times already, the new Public Order Act contains a section—the hon. Member for Cynon Valley (Beth Winter) suggested a moment ago that it was section 17—specifically to protect journalistic freedom. Of course, that came after the incident in Hertfordshire. If there are particular individual cases where the new law, and indeed the wider ECHR and common law right for journalists, is not being applied, there are complaints mechanisms. But this House, supported by the Government, has legislated specifically to protect journalistic freedoms.

Criminal Law

Debate between Chris Philp and Daisy Cooper

Tuesday 28th January 2020 Commons Chamber

[Chris Philp]

I would expect nothing less from my hon. Friend than a forensic and detailed question. In fact, I do have those figures. Perhaps it would be worth going through the details of how this scheme will operate and the consequential impact on the prison population and other matters. In answering his question, let me start by defining exactly what offences are in the scope of today’s regulations. We are talking about the offences appearing in parts 1 and 2 of schedule 15 to the Criminal Justice Act 2003, which could attract a life sentence. They include offences such as rape and grievous bodily harm with intent. Currently, there are three types of sentence that might be handed down for those offences. The first, which is for the most serious offences, is a life sentence with a tariff—the tariff is the minimum amount the offender will serve, after which they are eligible for release by the Parole Board at its discretion. The second type of sentence—the next most serious—is for offenders deemed by the judge to be dangerous. That is called an extended determinate sentence. For those offences, the prisoner is eligible for release after two thirds of their sentence, subject to Parole Board discretion. After release and after their prison sentence, they are subject to an extended period on licence.

The third type of sentence—the type that we are going to talk about today—is a standard determinate sentence, for which somebody is eligible for automatic release at the halfway point, with no involvement from the Parole Board. Those are the sentences that most concern the Government, and on which we are acting today.

Let me turn to the numbers. In 2018, just under 6,000—5,862 to be precise—sentences were handed down that met the criteria I have just laid out. Some people online have suggested that, mostly, these are extended determinate sentences and that today’s regulations will therefore make very little difference. That is categorically untrue. Of those 5,862 sentences, only 90 were life sentences and 243 were extended determinate sentences, but 4,735—81% of those sentences—were standard determinate sentences with automatic release at the halfway point. The vast majority of those sentences for very serious crimes had automatic release after only half the sentence. Some 84% of rape convictions had a standard determinate sentence. That means that 84% of incarcerated rapists were eligible for automatic release at the halfway point. We take the view that that is simply not right.

[Daisy Cooper (St Albans) (LD)]

The Minister has outlined that this applies to rapists, and to those accused and found guilty of grievous bodily harm.

[Chris Philp]

GBH with intent.

[Daisy Cooper]

Yes, GBH with intent—so we are talking about incredibly violent criminals. But the Government’s own assessment of these proposed laws says that they could increase prison overcrowding, introduce significant costs and lead to increased prisoner violence. The gravest risk, however, is that prisoners spend more of their sentence in prison and less time on release with a licence, which could actually lead to an increased risk of reoffending. Although we are all sympathetic to the victims of crime, who may feel like justice has not been done, we absolutely must not introduce an increased risk of violence and reoffending after offenders finish their term. Instead of talking tough on crime, will the Government follow the evidence and do what is necessary to prevent crime and reduce reoffending?

[Chris Philp]

Ensuring that this cohort of prisoners stays in prison for a bit longer does serve the public interest and public safety, because they cannot commit further offences while they are in prison. Under these measures, they will still spend a third of their sentence on licence. Of course, there is an opportunity for people to take part in rehabilitative activity while they are in prison. There will be an impact on the prison population, which I will outline in a moment, as my hon. Friend the Member for Cheltenham (Alex Chalk) asked the same question. We are making provisions to ensure that places are available so that meaningful rehabilitative work can take place, but this is about preventing crime by ensuring that serious offenders are in prison for a bit longer, and ensuring that victims’ rights are respected by making sure that the time served in prison better reflects the sentence handed down by the judge.