Criminal Law

Laura Trott Excerpts

Tuesday 28th January 2020 Commons Chamber

[Laura Trott (Sevenoaks) (Con)]

It has been a long journey to get sexual assaults, in particular, treated as among the most serious offences in the justice system, so I welcome the changes in the statutory instrument.

Standard determinate sentences are given out for minor offences but also for the most serious. Having no distinction in the automatic release trigger point between the two is clearly an injustice that needs to be rectified. When implementing this change, we must ensure two things. First, some prisoners who carry out the most serious crimes should not be automatically released at all; rather, their release should be reviewed by the Parole Board and covered by rules applying to extended determinate sentences or sentences for offenders of particular concern. The statistic, which the Minister highlighted, of 84% of rapists being given standard determinate sentences is one of concern, but one I know he will look at in the sentencing review.

The proportion of sex offenders who reoffend within a year is 14%. As part of the sentencing review, we should look at how a judge assesses whether someone represents an ongoing danger to the public and whether a standard determinate sentence is appropriate at all. Regardless, it is important when we introduce this change that we do not inadvertently reduce the use by judges of the ability to categorise offenders as dangerous and therefore necessitate Parole Board involvement. Undoubtedly some prisoners will still pose a danger to the public after two thirds of their sentence is complete and therefore will not be suitable for standard determinate sentences, regardless of these now being more robust. That is obviously not the intention, but we should monitor the change to make sure that it does not have this effect on sentencing decisions. Over time, we should also reduce the use of standard determinate sentences for sex offenders in general.

Secondly, the driving force behind these changes is to help victims have greater confidence in the criminal justice system and to keep offenders off our streets. The fear of meeting attackers again continually comes up among victims in my constituency and in victims surveys. These changes will help immensely with that and give victims time to deal with their horrendous ordeals. We will have the chance later, however, to go further, particularly on licensing conditions. At the moment, victims have to request that no-contact conditions be included as part of their licence. We should consider making that automatic over time. It would help to relieve the burden on individuals.

To conclude, it is important that we keep these changes under review—we must make sure that the most serious offenders go before the Parole Board and are not let out automatically—but this SI is right. It is a necessary and welcome step forward for victims of the most serious crimes.