Criminal Justice System: Capacity

Jim Shannon Excerpts

Thursday 17th October 2024 Commons Chamber

[Shabana Mahmood]

My hon. Friend is absolutely right. Cases are taking too long to reach conclusion in our courts. We are making some changes, and I am considering what further ones we will need to make. There is an important piece around efficiency and productivity in the court system, and there have also been reports by Lord Justice Auld, Lord Leveson and others on other ways to speed up trials being heard. All those options are on the table, and I will update the House in due course about this Government’s approach.

I simply reiterate my remarks on the data: when it is finally published, it is important that we can be certain that it is accurate and properly captures what is going on in our Crown courts and that we can all have confidence in it. In fairness, the last Government did pick up on this problem. I am determined that it will be resolved and that the data will ultimately be published.

[Jim Shannon (Strangford) (DUP)]

I thank the Secretary of State for her very welcome statement. There is a clear commitment to the change that is necessary. She will note that I nearly always focus on victims, so will she outline what weight is given to victim impact statements, and whether there is a need to determine in law how much weight is given to the impact on devastated families? I always think of the devastated families—they are the ones who are really important.

[Shabana Mahmood]

Let me reassure the hon. Member that we place great importance in the victim’s experience. This Government will strengthen that further and ensure that victims are not further traumatised by their experience of seeking justice. Victim impact statements have an important role to play. The victims Minister, my hon. Friend the Member for Pontypridd (Alex Davies-Jones), recently met Victim Support and other groups. This is a really important piece of work for the Government, and I know the hon. Member will hold us to account on our track record. I am very aware of the impact of delays in the system on victims, which is why we are making the changes today. We will make more progress to bring those delays down.

Oral Answers to Questions

Jim Shannon Excerpts

Tuesday 10th September 2024 Commons Chamber

[Mr Speaker]

Order. That question pushed the boundaries a little bit. I think it should have been mainly about those who are rapists who are being released.

[Jim Shannon (Strangford) (DUP)]

I thank the Minister for her answers, but what discussions has she had with Education Ministers about supporting victims of rape and sexual assault who are under 18 years of age within our educational institutions?

[Alex Davies-Jones]

I thank the hon. Member for his question. He will know that this Government have a mission to tackle violence against women and girls. As I have said, that vision pulls together Departments across Whitehall, including the Department for Education—I recently had a meeting with an Education Minister to discuss exactly that issue. I have been clear that sex with anyone who cannot consent is a crime, and we are working across Government to tackle it.

Criminal Law

Jim Shannon Excerpts

Thursday 25th July 2024 Commons Chamber

[The Lord Chancellor and Secretary of State for Justice (Shabana Mahmood)]

I beg to move,

That the draft Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024, which was laid before this House on 17 July, be approved.

Following my announcement on Friday 12 July and an oral statement to the House last Thursday, Members will know that our prisons are in crisis. The male prison estate has been running at around 99% capacity for 18 months. We now know that my predecessor warned 10 Downing Street of the perils of inaction, but rather than addressing the crisis, the former Prime Minister called an election and left us a time bomb, ticking away.

If we do not act now, and that bomb goes off, our prisons will reach full capacity and the justice system will grind to a halt. The courts would have to stop holding trials and the police would be unable to make arrests. With criminals free to act without consequence, the public would be put at risk. If we do not act now, this nightmare will become reality by September.

We have explored all the options available to us. In the precious little time we have, we cannot build more prisons or add more prison blocks, and we cannot fit out an existing site to make it secure enough to hold offenders. Although we are deporting foreign national offenders as fast as legally possible, we cannot do so quickly enough to address the crisis. Although we must make progress on the remand population—those who are in prison while they await trial—such measures take time we do not have. That has left us with only one option to avert disaster.

The statutory instrument that we are considering today will change the law so that prisoners serving eligible standard determinate sentences will have their automatic release point adjusted to 40% rather than 50% of their sentence. That will mean that around 5,500 offenders will be released, in two tranches, in September and October. They will leave prison a few weeks or months early, to serve the rest of their sentence under strict licence conditions in the community. Thereafter, all qualifying sentences will continue to be subject to the new 40% release point.

Let me turn now to the detail of this legislation, the sentences that qualify for this measure, and those that do not. First, this change applies to both male and female offenders. This is a legal necessity and addresses the pressure in both the male and female prison estate. Although this measure does not apply to those serving in the youth estate, where capacity pressures are less acute, it does apply to a few individuals serving sentences under section 250 of the Sentencing Act 2020. Most of those serving these sentences are serving long terms that are excluded from the measure, as I will go on to explain. However, a few are in scope, and are included because they are likely to end their term in the adult estate.

The provision also includes those on a detention in a young offenders institution, and 18 to 20 year-olds who are held in adult prisons. As such, both contribute to the capacity crisis. As the measure must balance addressing the crisis in our prisons alongside the need to protect the public, certain sentences will be excluded. The worst violent and sexual crimes, which are subject to a 67% release, will not be eligible. Neither will violent offences subject to a sentence of four years or more under part 1 of schedule 15 to the Criminal Justice Act 2003. Sexual offences will be excluded, including offences related to child sexual abuse and grooming. We will exclude a series of offences linked to domestic abuse, including stalking, controlling or coercive behaviour and non-fatal strangulation.

National security offences under the Official Secrets Acts and National Security Act 2023, and offences determined to have been carried out for a foreign power, will also be excluded, as will serious terrorism offences and terrorism-connected offences, which remain subject to a 67% release at the Parole Board’s discretion. So too will terrorism offences, which are currently subject to a 50% release.

[Jim Shannon (Strangford) (DUP)]

I thank the Minister for her statement. I clearly understand the Government’s predicament and the reason for bringing forward these legislative changes, but one matter that I and other elected representatives in this House have had to deal with in recent years is the predicament that victims face of meeting the perpetrator of a crime out on the streets, which brings back enormous trauma. I welcome what the Minister says about some conditions taking precedence in relation to those being released, but can she reassure the victims who are worried about what is happening? We need to have that reassurance on the record in this House. Madam Deputy Speaker, those people are worried and they want to be reassured.

[Shabana Mahmood]

I thank the hon. Gentleman for his intervention. He raises an incredibly important matter. I have had the feelings of victims very much in my mind as I have been forced to make this decision. Nothing in relation to the victim notification scheme or the victim contact scheme will change as a result of these measures. All the usual arrangements will apply and I shall detail some of those a little later in my speech.

Returning to the offences that are excluded, in each case we have excluded specific offences, rather than cohorts of offenders. That is a legal necessity. It is only possible to make this change in law, with reference to qualifying sentences.

In addition to these exclusions, there will be stringent protections in place around any early release. This change to the law will not take effect until September, which gives our hard-working Probation Service a crucial six-week implementation period. Probation officers will therefore have the time they need to assess the risk of each offender and prepare a plan to manage them safely in the community. All offenders released under this policy will be subject to stringent licence conditions. Where necessary, multi-agency public protection arrangements will be put in place to protect the public, as will multi-agency risk assessment conferences, which ensure that victims can be protected.

Victims eligible for the victim contact scheme or the victim notification scheme will be notified about releases and developments in their cases. Offenders will be ordered to wear electronic tags where required. Exclusion zones and curfews will be imposed where appropriate. Crucially, if an offender breaks any of the conditions imposed on them, they can be returned to prison immediately.

Prison Capacity

Jim Shannon Excerpts

Thursday 18th July 2024 Commons Chamber

[Shabana Mahmood]

My hon. Friend is right that we have broad failure across many of our public services, including within the health service. As my right hon. Friend the Secretary of State for Health has said, we have inherited an NHS that is “broken”. I will have conversations with him on the matter that she raises, but it is important, as we try to return the prison system to health, that we do so in conjunction with the other public services that we know are crucial to the proper functioning of the criminal justice service.

[Jim Shannon (Strangford) (DUP)]

Can I welcome the Lord Chancellor to her place and wish her well in the very important role she now has? It is imperative that, when a judge sentences a criminal, consideration of fulfilling justice prevails more than consideration of spaces in prison. How will the Lord Chancellor address the difficulties to ensure that justice and serving an appropriate sentence will remain the focus? The logistics of that can then be dealt with.

[Shabana Mahmood]

The hon. Member is right. In the end, individual sentencing decisions are for judges. They have discretion to apply the law as they see fit in the circumstances of the cases in front of them, and nothing that we have decided changes that picture. More broadly, we will have a sentencing review—it is something we committed to in our manifesto, and I will say more about that later in the year—to make sure that all our sentencing is consistent and coherent, and that our sentences do actually work, which is what they are meant to do.

Oral Answers to Questions

Jim Shannon Excerpts

Tuesday 14th May 2024 Commons Chamber

[Gareth Bacon]

I thank my hon. Friend for that sensible question. I agree that community payback offers offenders an opportunity to make visible reparations to their local communities, with millions of hours being delivered each year. As an example, this March, for the great British spring clean, offenders spent thousands of hours clearing litter across the country. We are trialling a new way to deliver community payback through the rapid deployment pilot, which was launched last year. Community payback teams are working in partnership with local authorities to see incidents cleaned up within 48 hours’ notice, and we are now expanding that to all 12 probation regions.

[Jim Shannon (Strangford) (DUP)]

Restorative justice in Northern Ireland has been an effective method of ensuring that victims and perpetrators can at least come together and perhaps try to find a solution. It is also a way of ensuring lesser sentences. Has the Minister been able to look at the community restorative justice that we have done in Northern Ireland to ensure that those on the mainland who offend can have a new life as well?

[Gareth Bacon]

I personally have not, but I gather that Minister of Justice officials are abreast of that. I would like to meet the hon. Gentleman to hear more about that from him personally.

Parc Prison

Jim Shannon Excerpts

Monday 13th May 2024 Commons Chamber

[Edward Argar]

As I set out earlier, although I consider assault rates still to be too high, they are lower than they were in 2015-16 and similar years. It is clear that any assault on a member of staff is one too many. Sadly, assaults occur across the estate, and that is why we are backing our staff with body-worn cameras, and why they have PAVA, for example, which they can deploy when they are at imminent risk.

[Jim Shannon (Strangford) (DUP)]

I thank the Minister for his answers and helpful suggestions to other Members. What steps can be taken to restore confidence in the safeguarding and access to appropriate medical care for those who are imprisoned in facilities throughout this great United Kingdom of Great Britain and Northern Ireland? An investigation may well conclude that there was no fault, but this matter has certainly raised questions regarding levels of care and access to medical care and facilities.

[Edward Argar]

I am grateful to the hon. Gentleman for his important question. I have set out the steps that we are taking in Parc to train staff to use naloxone in order to buy precious time to enable professional medical services to arrive. Across England and Wales, prisons come under my jurisdiction as Prisons Minister. In Wales, healthcare is devolved; in England, healthcare in prisons is the responsibility of and provided by the NHS. We seek to ensure that prisons have effective and close working relationships, at a macro and operational level, with their local health board or local NHS.

End of Custody Supervised Licence: Extension

Jim Shannon Excerpts

Wednesday 8th May 2024 Commons Chamber

[Mr Speaker]

I hope the Minister will be happy to have a discussion with the MP whose constituency the prison is in, as well.

[Jim Shannon (Strangford) (DUP)]

I thank the Minister for his answers to all the questions. The scheme was initially designed to allow short-term early release by a matter of days, yet some releases are now early by some 70 days. Does the Minister understand why victims of crime are anxious that so-called “soft crime” criminals are getting an easier time? Victims of crime are told that perpetrators have been released early, so the victims can prepare themselves to see those perpetrators down the town or at the local supermarket, for example, which can be extremely disconcerting, even if it is not unexpected.

[Edward Argar]

Mr Speaker, I reassure you that I was due to be meeting the Member whose constituency HMP Parc is in at this moment in time, but I am here at the Dispatch Box. The meeting has been rescheduled and there is a date in the diary. As I promised at the last oral questions, that meeting has been arranged.

The hon. Member for Strangford (Jim Shannon) is right to highlight that point. Our ECSL protections are significantly more stringent than those used by the Labour party when it ran its scheme for three years. Unlike its scheme, ours allows governors to veto the release of any prisoner when they think early release will create a risk to victims. There are a number of exemptions from the scheme and it allows for rigorous conditions to be placed on the release licence, be it tagging, exclusion zones or curfews. Prisoners will be well aware that if they breach those conditions, which are put in place to protect victims, they will hear the clang of the prison gate and be recalled.

Oral Answers to Questions

Jim Shannon Excerpts

Tuesday 26th March 2024 Commons Chamber

[Mr Speaker]

As it was his birthday yesterday, I call Jim Shannon.

[Jim Shannon (Strangford) (DUP)]

Thank you, Mr Speaker. You are never going to let me forget about my birthday.

I very much thank the Secretary of State for his answers, and for his very clear commitment to physical and skills training. The other important issue is education. If we keep people’s minds and bodies active, they will not wish to offend when they leave prison, so what is being done to help, educationally? Will the Secretary of State share the ideas he clearly has with the equivalent Minister in Northern Ireland?

Prevention of Future Deaths Report: Terance Radford

Jim Shannon Excerpts

Wednesday 20th March 2024 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

I thank the hon. Member for Ashfield (Lee Anderson) for setting the scene so well, with the compassion and understanding that we expect of him and he has delivered on many occasions. Our sympathies are clearly with the family who are here seeking justice and understanding of what took place. The hon. Member has outlined the case very well, and I just want to make a few comments. It will not take very long, Dame Maria, but I think it is worth putting them on record because of the implications of the case.

I am pleased to see the Minister and the shadow Minister, the hon. Member for Brentford and Isleworth (Ruth Cadbury), here. We seek an understanding of what happened, how it happened and why it will not happen again. That is what I want to speak about.

When I read the details of the case, I was sickened and shocked. My thoughts immediately went to the family of, as the hon. Member described him, a spritely old gentleman, who had holidays planned and was enjoying a full life when it was taken from him by someone who had demonstrated that he had absolutely no regard for human life. To see this early release under curfew has undoubtedly shown, and sown concern about, a major flaw in the process.

The Minister is a compassionate man, who understands the issues. In his response, he will try to answer the questions we all have, and his response to the coroners’ report and recommendations is clear. The family of that gentleman and others in this place have asked how this was allowed to happen in the first place. How could a man who could not be kept under control in prison have been expected to abide by curfew obligations once released? The hon. Member for Ashfield clearly outlined the attitude of the man in prison, what he did, his threats to staff and his destruction of property. The ordinary person would say that he could not understand why this man was ever released, and yet because legislation or guidance did not directly say this, unfortunately, Terance Radford died.

To me, this is an indication of how decisions are made looking at the letter and not the spirit of the law. This was not about justice, compassion and understanding for family. No reasonable person could have determined that the spirit of this curfew option was for people such as this—I do not normally use this word—thug who had set fires and attacked prison guards in custody. Yet there is such a fear of impinging on the human rights of the prisoner that it must be black and white that this is only an option for those for whom it is safe. I firmly believe that we must come away from this fear and instil in our decision makers—in the courts of the land and in the authorities who make decisions—the confidence that judgment can and should be used, and that they will be supported in such decisions.

The lesson of Terance Radford is, I believe, a shame on society. It was a shame and disgrace that Gavin Collins could be released under the scheme. Here today we must ensure that this slavish adherence to the letter of a law, or omission of expressly stated reasoning, is never—and never can be—sound reason for releasing dangerous people on to our streets until we absolutely have no choice to do otherwise. We must have confidence in the law of the land and in the justice that we seek, support and wish for. This lesson is a hard one. It has been hard for the hon. Member for Ashfield to tell his personal story in this room today. It is harder still for Terance’s family, who grieve his loss and the grief of a society who understand how badly we have failed Terance, and them.

Baby Loss: Coroners

Jim Shannon Excerpts

Tuesday 19th March 2024 Westminster Hall

[Tim Loughton (East Worthing and Shoreham) (Con)]

I beg to move,

That this House has considered baby loss and the role of coroners.

I am afraid you have a double dose of me this afternoon, Ms Elliott. That is obviously far too much for the people in the Public Gallery, who have made a surge for the exits.

This short debate will be focused on my Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019, which has been going for quite a while now and remains unfulfilled in one part; that is the purpose of the debate. My Act started in the private Members’ Bill ballot in autumn 2017. It had its Second Reading on 2 February 2018. It passed all its parliamentary stages in February 2019 and passed into law in May 2019, almost five years ago. There were four parts to this historically quite ambitious and complicated private Member’s Bill.

The first part was that the names and details of mothers should appear on marriage certificates, now an electronic record. That came into being in May 2021, since when I have received many grateful thanks from mothers or the husbands of late mothers whose names could be now recorded on marriage records.

The second part was the extension of civil partnerships to opposite-sex couples, which came in on 31 December 2019 and became regulation on the last day of Parliament before the election in 2019. Since then, more than 25,000 happy couples have availed themselves of that facility.

The third part was for the Secretary of State to produce a report on the registration of pregnancy loss. A pregnancy loss committee was set up, and I sat on it. Within the last couple of weeks, baby loss certificates have become a thing and again have gone down very well.

[Jim Shannon (Strangford) (DUP)]

Will the hon. Gentleman give way?

[Tim Loughton]

So early? Of course—how could I resist?

[Jim Shannon]

I congratulate the hon. Gentleman on the four provisions that he brought forward, particularly the pregnancy loss one. It is something that probably all of us have to come to terms with in our family, and it is difficult. It is always a difficult topic to discuss, but the hon. Gentleman is right to bring it forward. As families, we can all feel for those who have lost babies during pregnancy. We feel for our partners, our wives, our mothers, our sisters, and all those who have lost as well. I commend the hon. Gentleman for bringing this forward.