Sentencing Review and Prison Capacity

Debate between Josh Babarinde and Shabana Mahmood

Tuesday 22nd October 2024 Commons Chamber

[Josh Babarinde (Eastbourne) (LD)]

I thank the Secretary of State for advance sight of her statement.

Having myself grown up in a home of domestic violence at the hands of my mum’s former partner, I share the concerns of the Victims’ Commissioner and survivors of domestic abuse that loopholes in the early release scheme’s criteria could mean that some of their abusers, who have been convicted of violent offences but not of domestic violence-specific offences, may have been released early today. I know the Secretary of State attempted to provide some reassurances, but I can say to her that I have received communications from affected people outside this Chamber who are not satisfied with those assurances yet. Domestic abuse survivors deserve to be safe. Can she address these concerns today?

We welcome the Government’s determination to fix the mess that the Conservatives made of our criminal justice system through the evidence-led, independent sentencing review. The former Lord Chancellor chairing it and I have a track record of fixing things together. In my past life, I used to run a social enterprise phone repair company staffed by ex-offenders, and we ran pop-up repair shops in the MOJ, at one of which the then Lord Chancellor David Gauke eagerly presented his phone for repair. I hope this Lord Chancellor shares that collaborative fixing spirit when it comes to engaging with the Liberal Democrats and me on this review—and I will happily sort the Secretary of State out with a phone repair if she needs one.

While empirical evidence will be critical to this review, some of the most valuable insights on this matter are held by victims and survivors themselves. I was therefore disappointed not to find the words “victim” or “survivor” mentioned once anywhere in the terms of reference, although I have heard the Secretary of State say them today. Will she put that right, and outline specifically how victims and survivors will be represented and formally consulted in the sentencing review?

Finally, even though the Secretary of State has said there will be no constraints and no constrictions, something else missing from the review is the injustice of indeterminate imprisonment for public protection sentences, under which almost 3,000 people remain imprisoned with no release date. What is more, people are serving IPP sentences who have committed lesser offences than those being released today under the Government’s early release scheme. Reforming these sentences could help address prison overcrowding and the safety crisis, so why have the Government explicitly excluded IPP sentences from this review, and will she reconsider that decision?

[Shabana Mahmood]

I thank the Liberal Democrat spokesperson for his questions. I am sorry to hear about his personal experiences, but they will of course inform the valuable contributions that he makes in this House from his own lived experience.

As the hon. Gentleman knows, there is not a specific offence of domestic abuse in our legislative framework. To bring in the emergency release scheme to prevent us from running out of prison spaces in July, I have pulled every lever at my disposal. We can make these changes in law only by excluding offences, not offender cohorts or offender types. That is why the list of offences covered includes those most closely connected to domestic abuse situations, but it is not of course fully comprehensive. It cannot be, because we can exclude only offences, not offender types. I hope he will recognise that I pulled these levers as early as possible in the Parliament—almost as soon as I walked into the Department—because I wanted to give the Probation Service time to prepare for this change. Specifically, it was so that it could notify victims, work on proper release plans for these offenders, make sure that the licence conditions are the right ones and make sure that the monitoring of these offenders in the community is as strong as it needs to be.

The hon. Gentleman will also know that those who are flagged as having a domestic violence background are prioritised for tags. Every choice I have made in bringing forward these emergency release changes has been made to try to minimise the impact on victims. I really empathise with and am very affected by the concerns of victims that those who have offended against them are being released some weeks or months early. That might sound small, but I know it has a huge impact, and I do not seek to minimise that in any way. As I say, I have pulled every lever at my disposal to try to minimise those concerns.

On the sentencing review, when we reveal the whole panel we will ensure that victims’ voices are represented, as that is important. In the terms of reference we have tried to capture the fact that all of society suffers collectively when we do not get reoffending rates down. This is a strategy for cutting crime and producing fewer victims in future, which I hope the hon. Gentleman will support.

IPP sentences are specifically excluded. That is a challenging cohort of prisoners in our system, and where it is safe to do so I am determined to make progress on releasing those who are currently serving an IPP sentence. I worked with the previous Government and supported changes to the licence terms and conditions brought in by the Conservative Administration. We are implementing changes that were made in the Victims and Prisoners Act 2024, which was enacted just before the general election. What we cannot do is release people who still pose a risk to the public, and with this cohort of offenders I cannot release those who are still a danger to themselves and to others. Getting that balance right is incredibly important, and I hope the hon. Gentleman will acknowledge that it is not appropriate to put that cohort of offenders within the sentencing review.