Criminal Justice Bill

James Wild Excerpts

2nd reading
Tuesday 28th November 2023 Commons Chamber

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

I rise to support the Bill, which will help to make our constituents safer, including by imposing tougher sentences; imposing new measures to fight knife crime, including zombie knives; tackling violence against women and girls; and giving law enforcement agencies the powers that they need to respond to changing technology.

In the previous Session, we legislated to ensure that the most serious offenders serve longer in prison. Through this Bill, we will impose tougher sentences for child sex offences by making grooming an aggravating factor, and implement recommendations by introducing an aggravating factor for murder at the end of a relationship.

I wish to highlight the importance of judges imposing sentences that reflect the intent of this House. In 2022, we legislated to increase the maximum sentence for causing death by dangerous driving, yet sentences continue to be too short. The mum, sister and stepfather of my constituent Summer Mace were killed in an appalling incident, but the offender got a sentence of only 10 and a half years and could be out after seven years. Ministers and Parliament need to make sure that the sentencing guidelines actually do what we legislate for.

Turning to some of the specifics in the Bill, I particularly welcome the new power in clause 22 to allow judges to compel offenders to attend sentencing hearings, rather than their hiding away in their cells to avoid victims or their families and the powerful victim statements that are made. That abuses the victims and their families all over again. This is something that I supported and campaigned for after a case in my North West Norfolk constituency where an offender refused to attend the sentencing hearing when he was found guilty of sexual assault of a girl under the age of 13, and of intimidating a witness. Indeed, he failed to attend most of the trial.

The explicit statement that reasonable force can be used by the police and escort officer staff will ensure that the power to make defendants appear in court is very clear. However, as it is currently drafted, that provision applies only to offenders awaiting sentencing for an offence for which a life sentence must or may be imposed. That would not address the case from my constituency, as the maximum sentence for that sexual offence was 14 years. Abusing a child is an incredibly serious offence. I therefore urge the Minister and the Home Secretary to look at the provision again and expand the range of offences to which it applies, because it is important for all victims that offenders face justice. It is important that there is punishment if the requirement is breached and that, where the new power cannot be used—for example, if someone is so violent or disruptive that it is not possible—there will be an additional custodial sentence of up to two years. I fully support that.

One issue I want to raise relates to bail. I hope Ministers will consider, through this Bill, amending the Bail Act 1976 to allow the imposition of electronic monitoring in police bail conditions. In an Adjournment debate that I led on behalf of my constituents on the dangerous driving case I mentioned and unduly lenient sentences, I spoke about the offender, who in June 2023 was sentenced for three counts of causing death by dangerous driving. At the time of the crash, he was on police bail for a driving offence and was subject to a curfew. He also had several previous convictions for motoring offences.

Currently, section 3 of the Bail Act allows courts to impose electronic monitoring as a condition of bail, but electronic monitoring is not permitted under the conditions of police bail. When that offender broke his curfew and set out that night to drive, there was no electronic monitoring in place. Who knows whether, if it had been in place, that tragedy might have been avoided? One of the changes that my constituent and her family are campaigning for is to allow electronic tagging in cases of police bail. Their petition in support of the change is backed by more than 13,000 people. I ask the Home Office to look at whether it can use this Bill to introduce a change to help to reduce the likelihood of other offenders committing such appalling acts.

There are many measures in the Bill that I support. Those to tackle the scourge of fraud are very welcome, given that that is the most common crime and one that causes true misery for our constituents, especially for vulnerable and elderly people. In particular, banning SIM farms, which are used by criminals to send thousands of scam texts at once, will help to protect people, together with the initiatives being taken by mobile networks. Of course, it is sensible that the Government can respond to developments by updating the list of banned technologies and articles through secondary legislation, rather than having to wait for another criminal justice Bill—although they do come round rather frequently.

The Bill includes new powers to help make our communities safer, to cut serious crime and to tackle antisocial behaviour. However, I have outlined specific improvements that I would like, and I hope that Ministers will consider them carefully and bring them forward as the Bill continues its passage.

Criminal Justice Bill

James Wild Excerpts

Report stage
Wednesday 15th May 2024 Commons Chamber

[Laura Farris]

I agree with that sentiment entirely. We are already creating an express statutory power at clause 28 to compel an offender to attend the sentencing hearing if they have been convicted of a crime for which the maximum sentence is life, but we have also listened to those concerned about offences that might not be caught by that power. I confirm that the Government has tabled amendments 148 to 150 to extend the measure to all offences that might attract a maximum sentence of 14 years or more.

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

I am grateful to the Lord Chancellor, the Minister and other Ministers for listening to the case I made on Second Reading for extending the power. I had a case in my constituency where an offender was convicted of sexually assaulting a child under 13, which carries a 14-year sentence. They hid away in their cell and did not come to court. Under the original provisions, they would not have been captured, but under these amendments they will be, and I welcome that.

[Laura Farris]

I thank my hon. Friend, because the speech he gave on Second Reading played a major role in the changes we are introducing today. I reassure him that the change brings into scope most sexual assault cases, terrorist cases and racially aggravated offences, and I confirm to him that the specific case he raised on Second Reading would have been brought into scope by the change for which he has campaigned. I remind the House that the sanction for non-attendance at a sentencing hearing is up to a maximum of another two years in custody.

Government new clause 86 creates an offence of creating a sexually explicit deepfake of an adult without their consent. Members will be aware that the sharing of intimate images, whether real or fake, is already proscribed under the Online Safety Act 2023. We consider that we cannot complete the task of protecting people, principally women, unless we add the creation of pseudo-images or deepfakes to that package of protection. We are the first national legislature to take this step—if I am wrong about that, we are among the first—and we do so because we recognise the inherent risk posed by the creation of these images, both to the individual depicted and to society more widely.