Sentencing Bill

Jess Brown-Fuller Excerpts

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

[Andy Slaughter]

I am delighted that my friend is still taking a strong interest in these matters and remains on the Justice Committee, even though he no longer has his Front-Bench responsibilities—we know that he has other responsibilities that he wishes to take on. I entirely agree with him; it is a point that we have made in Committee, and I hope the Minister has listened to it. I am sure that the words “commercial confidentiality” were used at some point, but this is not about commercial confidentiality; it is about us knowing how well electronic tagging is working, which is a very serious matter in the criminal justice system. That is very well illustrated by the level of fines imposed.

I have tabled two new clauses, new clauses 19 and 20, regarding prisoners who are subject to imprisonment for public protection sentences. It has been 12 years since the last IPP sentence was handed down, yet around 2,500 people are still serving IPP sentences in prison. It is now widely acknowledged that the nature of those sentences has severe consequences for those who are serving them and for their loved ones. New clause 19 would implement the recommendation of the previous Justice Committee’s 2022 report that there should be a resentencing exercise for all IPP-sentenced individuals, and that a time-limited expert committee that includes a member of the judiciary should be established to advise on the practical implementation of such an exercise.

[Jess Brown-Fuller (Chichester) (LD)]

I thank the Chair of the Select Committee for giving way and for speaking to his new clause. It contains similar wording to the new clause tabled by the Liberal Democrats, which Ms Nokes has indicated we may get a separate vote on. Does that mean that the Chair of the Select Committee will be voting with the Liberal Democrats and encouraging his Back-Bench colleagues to do the same?

--- Later in debate ---

[The Second Deputy Chairman of Ways and Means (Caroline Nokes)]

I call the Liberal Democrat spokesperson.

[Jess Brown-Fuller]

As the newly appointed Justice spokesperson for the Liberal Democrats, I would first like to acknowledge the hard work of my predecessor, my hon. Friend the Member for Eastbourne (Josh Babarinde), and his determination to make tangible changes for those that have experienced domestic abuse. I thank the Government for their constructive collaboration with him by introducing into the Bill a domestic abuse identifier at the point of sentencing. The identifier will give victims greater confidence that their abusers are being appropriately dealt with in the justice system, but it would be reassuring if the Minister confirmed that this identifier will be used to ensure that those perpetrators are excluded from any future early release schemes.

This Bill presented a fantastic opportunity to address the endemic challenges that plague our justice system. Those challenges are the result of years of mismanagement by the Conservatives, whose decisions have underpinned the record backlog of cases in the Crown court, as well as prison overcrowding and astronomically high reoffending rates, with victims consistently failed at every stage. We Liberal Democrats had hoped that this Bill would begin to shift the dial towards a justice system that truly protects victims and rehabilitates perpetrators, and there are indeed many elements that we support and that show promise. However, we remain concerned that the scope and ambition of the Bill are lacking, having had many of our amendments rejected due to the lack of financing behind the Bill.

Many of the issues blighting our justice system stem from a lack of foresight and investment, particularly in probation and prisons, as the hon. Member for Easington (Grahame Morris) mentioned. It is therefore disappointing that the Bill does not include major efforts to rectify that. As a party, we are supportive of suspending short sentences of under 12 months and have long campaigned for this measure. Not only is it a necessary step to address prison overcrowding, but it would play a vital role in reducing reoffending. While 62% of those serving custodial sentences of less than 12 months go on to reoffend, only 24% reoffend if they are given a suspended sentence. Ending the cycle of reoffending is crucial to reducing crime levels and relieving pressure on the justice system. As the Government have stated, there will be exceptions, but they are yet to clarify what those exceptions will be. Will they include violent offenders, those convicted for sexual offences against children and those who possess indecent images? It would be very helpful if the Minister laid out all the exemptions.

We have tabled a number of amendments aimed at addressing our concerns or furthering aspects of the Bill. New clause 30 aims to address imprisonment for public protection. IPP sentences were a type of indeterminate sentence used in England and Wales from 2005 to 2012 for dangerous offenders who did not qualify for a life sentence, but still posed a public risk. These sentences featured a minimum term, but no maximum, with release contingent on the Parole Board deeming the offender no longer a threat. It was during the coalition Government that we abolished IPP sentences, but many remain in prison serving these sentences long after their tariff has expired. Our new clause would commence a resentencing exercise, which has cross-party support and should be implemented as a priority. The amendment was first recommended by the Justice Committee in 2022, and I note that the Chair of the Justice Committee, the hon. Member for Hammersmith and Chiswick (Andy Slaughter), has tabled a similar measure—new clause 19.

Although we welcome the Government’s approach to community sentencing, reoffending rates are demonstrably higher among those who are unemployed. In 2023, the reoffending rate for those who were unemployed six weeks after release from prison was 36.5%, compared with 20% for those who were employed at the same point. Amendment 44 therefore calls on the Government to publish a report assessing whether the driving prohibition in the Bill could impede an individual’s ability to attend work, education or rehabilitation programmes. Can the Minister inform the House what assessment the Government have made of that? Ensuring access to those pathways is vital if we are to reduce reoffending effectively.

We are also concerned that the Bill does not go far enough to support victims of violence against women and girls. I know that this is one of the Government’s key priorities this parliamentary term, yet without collecting the data, it is an empty promise that it will be hard for the Government to show they have actually achieved. New clause 36 would continue the important campaign of my hon. Friend the Member for Eastbourne to ensure that domestic abuse is treated as an aggravating factor in sentencing, while new clause 37 would require an assessment of the introduction of mandatory rehabilitation programmes focused on violence against women and girls for those convicted of assault, battery or actual bodily harm against a woman or girl, even if domestic abuse is not included as an aggravating factor. These measures are designed to ensure that victims of domestic abuse and related offences are placed at the centre of the justice system’s work, ensuring that such crimes are met with appropriate sentences and that rehabilitation is specifically targeted at those who commit these serious offences.

In line with that approach, new clause 38 calls for screening for traumatic brain injuries among prisoners at the start of their custodial sentences. A Brainkind study last year showed that 80% of women in the criminal justice system in Wales may be suffering with a brain injury, while Government data shows that more than half of female prisoners are victims of domestic abuse. These figures identify that a significant proportion of the female prison population may have undiagnosed brain injuries resulting from domestic abuse, leaving many without the treatment they need and undermining their rehabilitation—something that is certainly reflected in their ability to engage with probation services after leaving prison. Comprehensive screening across the prison population would enable a deeper understanding of the links between trauma, offending and reoffending.

New clause 31 calls on the Secretary of State to examine the proceeds generated from the proposed income reduction orders and to consider whether they could be ringfenced to create a dedicated fund for supporting victims.

New clause 39 would allow the courts to suspend the driving licence of an individual charged with certain driving offences pending the outcome of the trial as part of their bail conditions. Many hon. Members across the House have harrowing cases in their constituencies of lives lost at the hands of a drunk driver, drug driver or someone causing death by dangerous or reckless driving, and the court backlogs mean so often that those defendants are free to continue driving after the offence has occurred, sometimes waiting for months; in some cases, with drug tests taking up to six months to be received, the driver is free to continue to drive under the influence, which is just plain wrong. I know that is felt deeply across the House.

New clause 40 would address the ridiculous doom loop we find ourselves in with prisoners on remand arriving at their sentencing hearing, being sentenced and then being sent home because the court backlogs mean they have served their sentence while being on remand and have not had access to any rehabilitative programmes, education, therapy or other support. The new clause would make rehabilitative programmes accessible for those on remand.

We are also still concerned about a number of unaddressed measures in the Bill, such as the recall provisions, which allow those recalled to be released after 56 days with no involvement from the Parole Board, essentially providing a “get out of jail free” card for reoffending. This will not give the public confidence in the system. I would also be interested in the Minister’s argument as to the purpose of provisions in the Bill to allow the Probation Service to publish names and pictures of those taking part in unpaid work.

The Bill does contain some good ideas to address some of the issues in our justice system, but it could and should have gone further, especially if it had adequate resourcing. As my hon. Friend the Member for Eastbourne stated on Second Reading, the Bill was full of hope, but falls short of both the Liberal Democrat ambition and the ambition that the Government claim to have. I look forward to hearing the Government’s response to our questions, and encourage Members across the House to support our amendments and new clauses, including new clause 30.

[Emma Lewell (South Shields) (Lab)]

I am going to make a short speech on new clause 27, tabled in my name and the name of other hon. Members.

After a short relationship, my constituent Sophie Hall has suffered and continues to suffer from a prolonged and relentless stalking campaign from her ex-partner, who was residing illegally in the UK. In November last year, he was arrested for these offences, but was never spoken to about them, as no interpreter could be found. No risk assessment was done, and he was placed in temporary accommodation on bail, which he continued to breach.

In February, Sophie’s ex-partner was convicted and sentenced under the Protection from Harassment Act 1997 and was subsequently deported to his home country of Brazil with a 10-year re-entry ban effective from March. He then made his way to Europe, travelling across several countries before ending up back in the UK. In May, he was arrested in Belfast boarding a flight to Inverness. His aim, as always, was to get to Sophie.

The Crown Prosecution Service then charged him with stalking and breaches of restraining order and immigration offences and he was remanded in custody. After review, the CPS stated that no charges could be filed for stalking under the current law because the stalking had happened outside the UK, the perpetrator is not a UK citizen or resident, and the existing law does not give the UK courts jurisdiction over stalking offences committed from abroad under these circumstances. This is the crux of new clause 27.

Sentencing Bill

Jess Brown-Fuller Excerpts

Report stage
Wednesday 29th October 2025 Commons Chamber

[Jess Brown-Fuller (Chichester) (LD)]

As the House has heard repeatedly in recent weeks, our justice system is crumbling under the strain in our courts, prisons and probation services, bulging at the seams, stretched to the limit and ultimately failing all who come into contact with it. It is not adequately punishing criminals, not rehabilitating them, and not protecting victims and survivors. Confidence has been slowly eroded and undermined. This has to end. The Bill provided ample opportunity for us to address these issues, with scope to consider how we tackle the looming projection of a prison population of over 100,000 in just three years’ time. I am disappointed that such a large Bill, which makes fundamental changes to sentencing, was not given the line-by-line scrutiny that a Bill Committee, rather than a Committee of the whole House, could have afforded it.

The Liberal Democrats are supportive of many of the steps taken in the Bill, and, in the spirit of working collaboratively on a crisis that affects us all, we have tabled a number of amendments that seek to improve and strengthen it. For example, we welcome clause 3, which would give courts the power to order offenders to make monthly payments from their income, and we have tabled new clause 3 to ask the Government to assess whether income reduction orders could be used to fund victim support. On the topic of financial penalties, new clause 33 would create a power for sentencing courts to require offenders to make periodic payments or other contributions towards the maintenance and welfare of their dependants, ensuring that their responsibility to provide support is not automatically void during a custodial sentence.

Creating a presumption of a suspended sentence for terms of under 12 months is a measure for which the Liberal Democrats have long campaigned. It is a necessary step to reduce prison overcrowding, but it also plays a vital role in reducing reoffending, with rehabilitation offered in the community. Sixty-two per cent of those serving custodial sentences of less than 12 months go on to reoffend, but only 24% reoffend if they are given a suspended sentence or a community order. We do not need to send offenders to prison to become better criminals; we need to support them to become better citizens. Creating a rehabilitative system will, in the long term, reduce costs, protect victims and ease the pressure on our public services. The work of our justice system should be centred on that goal, for the good of all.

To that end, new clause 12 would allow and facilitate access to rehabilitative programmes, education, therapy and other support for prisoners held on remand before their sentencing hearings. As of June this year, 20% of the prison population are on remand and yet to have their sentencing hearings. With court backlogs at an all-time high, we see offenders arriving at their sentencing hearings, receiving their sentences, and then heading straight home because of the length of time that they have served on remand. Remand prisons are often overcrowded, and typically suffer from understaffing and inadequate facilities. These prisoners should be offered the same level of support as sentenced prisoners if we are to reduce the levels of reoffending.

We are, of course, supportive of the identifier that was included in the Bill following the work of my hon. Friend the Member for Eastbourne (Josh Babarinde), in collaboration with the Government. I commend his hard work and determination to make tangible changes for those who have experienced domestic abuse, providing greater confidence that their abusers will be dealt with suitably in the system, and I thank the Government for their constructive engagement with him on this issue. However, our campaign does not end there. New clause 8 would ensure that domestic abuse was treated as an aggravated offence, reflecting the severity and the long-term impact of such crimes on victims. New clause 9 asks the Government

“to carry out an assessment of the potential benefits of creating mandatory rehabilitative programmes”

to tackle violence against women and girls, for individuals sentenced to offences such as assault, battery and actual bodily harm when the victim was female.

We have also tabled a number of amendments relating to the Probation Service, because none of this means anything if probation is not properly resourced. I know that the Government will refer to the £700 million of additional funding, but it is not yet being felt on the frontline of probation, where the situation remains as described by His Majesty’s Inspectorate of Probation earlier this year. According to the inspectorate, the service

“has too few staff, with too little experience and training, managing too many cases.”

Without maximum caseloads, we open ourselves up to a higher risk of human error and also a more cautious approach to recalling, because staff simply do not have the capacity to manage people in the community effectively.

Probation officers believe fundamentally in rehabilitation and in supporting offenders to reintegrate into society, but I must raise some serious concerns around the removal of the existing short-term and standard recalls in favour of a 56-day blanket recall for all offenders except those identified through a multi-agency public protection arrangement.

For example, under the current guidance, somebody who might be engaging with mental health services in the community but not attending their probation appointment—somebody who is therefore non-compliant with their agreement—would be recalled for 28 days under a fixed-term recall. That means that, if they are in temporary accommodation, as we know a lot of people coming out of prison are, the likelihood is that the accommodation will still be there when they have served their fixed term, and they can re-engage with the programmes in the community that they were already on.

Under the new arrangements, though, in the same circumstances, somebody recalled for 56 days would be coming out and, in effect, starting again, having lost their accommodation arrangements and their place on the community programme with which they were engaging, as places are typically only held for up to four weeks. The likelihood of them then going on to reoffend—in a cycle—will increase, and we will see the same people being recalled.

At the other end of the spectrum, if a serious offender breached their licence by intimidating, harassing or stalking their victim, instead of receiving a standard recall, which would last until the end of their sentence, they would be returned to serve just 56 days. Those who in probation are classified as medium-risk offenders—that covers the majority of offences related to violence against women and girls, including domestic abuse perpetrators and stalkers—would not come under the Government’s proposed exclusions relating to MAPPA levels 2 and 3.

On Monday in this Chamber, we spoke at length and there was consensus across the House that we needed to do more to support victims, but the recall measures in the Bill directly contradict that desire. There is a serious omission, which we are extremely concerned will lead to the release of dangerous criminals on to our streets, who will then continue to reoffend. New clause 31 would ensure that offenders who have committed certain serious offences would not be eligible for automatic release following a fixed-term recall, and I implore the Minister to go away and look at that proposal.

This Bill provided a great chance to address some key issues in our justice system, and it showed signs of life, taking an innovative approach to some issues, but it ultimately lacks vision and, expectedly, funding. I thank Members for their engagement, and encourage them to support new clause 12.

[Amanda Martin (Portsmouth North) (Lab)]

I am pleased to support this vital Sentencing Bill, which represents a significant step towards protecting victims and delivering justice.

I would like to draw Members’ attention to new clauses 8 and 31 and amendment 1. The Conservatives claimed to be champions of law and order, yet their record was of lawless disorder. After 14 years in power, they increased sentence lengths without planning the prison places to uphold them, delivering just a few hundred spaces while violence, drugs and chaos spiralled across our prison estates. They left our justice system on the brink, and forced the early release of more than 10,000 offenders in secret, shattering public confidence.

This Government are taking a different path. We are delivering the largest prison expansion since Victorian times; 2,500 new places are already open and we are on track for 14,000 by 2031. We will ensure that we will never again run out of prison capacity. We must also make prisons work. That means punishment that cuts crime through earned release, tougher community sentences, intensive supervision and proper rehabilitation that turns offenders away from crime for good.

Central to making sentencing work is protecting victims, not just at the point of conviction but every day thereafter. I thank the hon. Member for Chichester (Jess Brown-Fuller) for highlighting the important issue of domestic abuse in new clauses 8 and 31. The Bill introduces a powerful new mechanism under clause 6, “Finding of domestic abuse”, by ensuring that, once the court is satisfied that an offence involves domestic abuse, it must declare that is the case in an open court, permanently recognising the heightened harm to victims. This activates stronger protections, which can include electronic tagging and exclusion zones, ensuring that offenders can be tracked in real time and kept away from victims’ homes and workplaces.

The “Loose Women” Facing It Together campaign has powerfully shown the real human impact of domestic abuse and the urgent need for continuous protection. The measures in the Bill meet that need, ensuring that abusers cannot return to intimidate or control and that victims are safeguarded, with the full force of the law behind them. These landmark reforms will end the crisis that we inherited, and restore faith in a justice system that protects the public and puts victims first.

Since my election, I have been campaigning tirelessly on the issue of tool theft, a crime that devastates the livelihoods of tradespeople across our country. There are too many to list in this House today, but I expect that we all know someone who has been a victim of this crime. The rate of suicide among construction workers is the highest of any profession—four times higher than that for any other occupation. In December 2024, I laid a ten-minute rule Bill before the House that called for tool theft to be recognised as a significant additional harm and for courts to consider the total financial loss to victims. That would mean considering not just the value of the tools themselves, but the cost of repairs and the loss of work, and the ripple effect on businesses and families.

Having worked closely with Justice Ministers over the past year, I am pleased to see that the Bill recognises the additional protections needed for victims, for which the sector has been calling. This Bill, with its provisions requiring courts to consider the full impact of theft on victims, its new restriction zones that can ban prolific thieves from construction sites and tool retailers, and its tougher community sentences, delivers transformative protections for tradespeople. Although the Government do not support amendment 1, tabled by the hon. Member for West Dorset (Edward Morello), I thank him for enabling a discussion on the wider impact of crime.

I am pleased to note that the Bill requires courts to consider the full impact of crime, including psychological harm. It recognises what victims of tool theft and, indeed, all crimes have been telling us all along: harm does not stop when tools are stolen or a crime is committed. The psychological harm of losing one’s livelihood, the anxiety about future thefts and the mental health impact of not being able to work are real harms that must be considered when sentencing offenders, and the Bill delivers in this regard.

These reforms will protect the public through tougher sentencing and tighter monitoring, cut crime by stopping reoffending before it happens, support victims by recognising harm and preventing future abuse, and build a safer society with less crime and, ultimately, fewer victims.

Sentencing Bill

Jess Brown-Fuller Excerpts

Consideration of Lords amendments
Tuesday 20th January 2026 Commons Chamber

[Jess Brown-Fuller (Chichester) (LD)]

I thank Members of both Chambers for their contribution and their continued work, in particular the prisons Minister for engaging collaboratively with Liberal Democrats in the other place and for making concessions both in the legislation and at the Dispatch Box.

We are pleased to see Government amendments (a) and (b) in lieu of Lords amendment 7, which introduce the provision of free transcripts of sentencing remarks to victims. It has been a long-standing campaign of my hon. Friend the Member for Richmond Park (Sarah Olney) to see the provision of all court transcripts, and victims gaining access to an improved level of transparency and accountability is a great first step.

[Sarah Olney (Richmond Park) (LD)]

I just want to take this opportunity to say my personal thanks to the Minister and everybody involved in bringing the legislation to this stage. I pay tribute once again to my constituent Juliana Terlizzi, who came to see me when she was charged £7,000 for the transcript of the trial that saw her rapist sent to prison. The amendment in lieu is a huge step forward for victims of all kinds, and I am really pleased to see it in the legislation. I want to put on record my huge thanks to everyone for that.

[Jess Brown-Fuller]

I thank my hon. Friend for reminding us that the heart of this amendment are victims and their ability to understand what has come in the sentencing remarks. So much happens in a court trial, whether it means reliving past trauma or confronting a perpetrator, and listening to proceedings can feel like a foreign language for many. Others, who choose not to attend the sentencing hearing, have no knowledge of what was said. That is why having consistent free access to transcripts is vital. It provides an opportunity to process the events of court proceedings afterwards or to read them for the first time. For many, this can provide closure and an opportunity to move on, but it is also the route for appealing a sentence if they believe it to have been unduly lenient.

Providing victims with court transcripts free of charge would markedly improve experiences for victims and survivors, but I do have some questions regarding the Government’s amendment in lieu. Could the Minister provide some clarity as to whether the term “victim” is applied as per the definition used by the victims code and whether, in the case that a victim is unable to personally request sentencing remarks—such as victims without capacity or victims who are children—immediate family members of victims are included within the provision?

[Dr Mullan]

Since I cannot ask the Minister myself, I might ask the hon. Lady if she agrees that we also need clarity on whether deceased victims’ family members will have a right to transcripts?

[Jess Brown-Fuller]

The victims code lays out that if a victim is deceased, the immediate family—parents or siblings—would be included. That is why I asked that question of the Minister.

Subsection (3)(c) of the amendment in lieu allows the Secretary of State to provide exceptions to the requirement to provide a transcript of sentencing remarks. What sort of exceptions do the Government anticipate, and as per subsection (3)(d), what sort of information may be omitted from a transcript? If the Secretary of State does not plan to use sweeping powers to except or omit, why are such provisions included in the amendment? The previous Government ran a very limited pilot of free court transcripts. Will this Government publish a detailed review of that pilot?

We believe that this provision could and should go much further, and as per the campaign by my hon. Friend the Member for Richmond Park and Baroness Brinton in the other place, we have tabled an amendment to the Victims and Courts Bill that would mean that all transcripts are provided free of charge, including judicial summaries and bail decisions.

The Lady Chief Justice recently spoke to the Justice Committee about a pilot with HM Courts and Tribunals Service on the use of AI for transcripts, especially in the asylum and immigration courts. She described it as a “great success”, so I would be keen to understand if the Government will work with the Liberal Democrats to progress this work. We do appreciate the growing cross-party support on this issue and the work of all in the other place to achieve this important first step today.

We also welcome the Government committing to a statutory annual report into the state of prison capacity and, importantly, the Probation Service. This is an important mechanism for oversight that will improve long-term assessments of the health of our justice system. We were very happy to see the Government accept our amendment to remove clause 35 from the Bill, which did nothing to address the crisis in our justice system and was totally at odds with the Rehabilitation of Offenders Act 1974. We welcome the amendments tabled by the Government to strengthen protections in relation to the Lord Chancellor’s approval of sentencing guidelines.

We have been supportive of many of the provisions in the Bill aimed at addressing some of the key failings in our crumbling justice system. Our courts, prisons and the Probation Service are all at breaking point, and without urgent intervention they are at risk of failing completely. The Bill offered an opportunity to ease some of the pressures our system faces, where currently the needs of victims, offenders and the system more widely are too often ignored. We also need to ensure that our prison system is one of rehabilitation—one that ends the cycle of reoffending and reduces long-term pressures. All of the Liberal Democrats’ work on this Bill has been in that vein, in order to get the legislation into a better place to achieve those aims.

To conclude, we realise the mess that our justice system finds itself in. We have always aimed to work collaboratively and productively in a cross-party way to ensure that we can begin to turn the tide on this crisis, and we will continue to do so. We need a sustainable solution, which includes cutting reoffending, tackling the court backlog to reduce the number of people in prison on remand, and properly resourcing our Probation Service, which will no doubt feel the impact of this legislation most acutely. The Bill contains a number of proposals that Lib Dems have campaigned for as part of the wider package of reform, but it still could go much further to ensure that it is fit for purpose to protect victims and safeguard our justice system for the future.