Oral Answers to Questions

Debate between Liz McInnes and Sam Gyimah

Tuesday 24th January 2017 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Mr Sam Gyimah)]

HMP Lewes went into special measures on 12 December, and a bespoke package of support is being developed for the newly appointed governor, who took up his post on 9 January. I would be happy to meet my hon. Friend to discuss the support in detail.

[Liz McInnes (Heywood and Middleton) (Lab)]

The consultation on driving offences and penalties related to causing death or serious injury closes on 1 February. When does the Minister expect the report on the outcome of the consultation to be available?

[Mr Gyimah]

I understand that we have received thousands of responses to that consultation, and obviously we will be analysing the results. Once we are in a position to do so, we will bring further proposals to this House.

Dangerous Driving: Penalties

Debate between Liz McInnes and Sam Gyimah

Tuesday 13th September 2016 Westminster Hall

[Mr Gyimah]

My hon. Friend is absolutely right. By the way, regarding her previous point about conviction figures, I will examine the statistics and write to her about them. I will not stand here and defend someone in a case where, judging from how things have been described, it does not seem that the punishment has fitted the crime. Obviously, it is not for me to consider such cases; that is for judges to do. However, I will come on to talk about what I think is the remedy for such cases.

Our law needs to reflect that although the harm caused in homicide cases and fatal driving offences is the same—in all of these cases, someone has died—the offender’s culpability for a death may be significantly different; hence the distinction between the two types of case. However, my hon. Friend is asking a different question, which is about the specific case of James Gilbey and why the defendants in that case could not be tried for manslaughter. Shortly, I will say how we can consider such cases.

The second point that my hon. Friend raised was about sentencing and sentencing guidelines. Once someone has been charged and convicted, the sentence that they receive is, of course, a matter for our independent courts. A court decides on the sentence, having considered all the details about the case and the offender; a court is best placed to decide on a just and proportionate sentence.

In deciding what sentence should be given, the courts are also required to follow—unless it would lead to an injustice—sentencing guidelines. The duty on the courts to follow guidelines, and if the guidelines are not followed to say why, leads to greater transparency regarding the level of sentence likely to be imposed and increased consistency in sentencing practice.

To reassure my hon. Friend, I will point out that the independent Sentencing Council, which is responsible for keeping such guidelines under review, currently has in its work plan a review of the guidelines for motoring offences involving death or serious injury. A new draft guideline will be subject to full public consultation in due course.

[Liz McInnes]

Talking about guidelines, I wrote to the Attorney General about the lenient sentence that my constituent’s killer was given and I was told that the judge was acting within guidelines. Also, it is often said that 14 years is the maximum sentence that can be imposed in these cases, but I have not heard of any such case in which anyone has been given more than eight years. Will the Minister explain why judges are acting within guidelines but seem to set a ceiling of eight years for sentences?

[Mr Gyimah]

The key point here is that these guidelines are being reviewed currently, to establish why, as the hon. Lady hon. Friend contends, judges have not given sentences of more than eight years in these cases. It could be based on the evidence in a case, as the judge saw it, but all these things need to be reviewed. I will come on to talk about a remedy, because there are many different cases involving this issue and many different suggestions from people as to how we should deal with it.

For example, my hon. Friend asked why there was a reduction in sentence for an early guilty plea. That is an interesting point; applying such reductions to sentences is a long-standing practice that applies to all offences, and it has a number of benefits. A reduction in sentence is appropriate because a guilty plea removes the need for a trial, which in turn enables justice to be delivered more quickly; it reduces the gap between charging and sentencing; and, in the case of an early plea, it saves victims and witnesses from being concerned about having to give evidence.

The sentencing guidelines provide a sliding scale of reductions, depending on the point at which the guilty plea is made. The maximum reduction for a guilty plea that is made at the first reasonable opportunity is a third of the sentence that will be imposed; the recommended reduction falls to 10% when the offender pleads guilty on the day of the trial. Also, where the case against the offender is overwhelming, the guidelines provide for discretion on the part of the judge to give a lower reduction.

My hon. Friend also made another point in this context about early release when she expressed concern that the offenders in this case will be released on licence at the halfway point in their sentence. As she will know, release on licence before the end of a sentence is not new; the current arrangements are set out in the Criminal Justice Act 2003. As a general point, when someone is released on licence there is still a hold over them; if they commit the offence again during their licence period, they will go back to prison to serve the remainder of the original sentence, in addition to the sentence that is imposed for the new offence.

In most driving cases, however, a standard determinate sentence will be imposed by the court and the 2003 Act provides that such prisoners must be released automatically on licence as soon as they have served half of their sentence. Once the offender is out on licence, then—as I have already hinted—they are subject to conditions and liable to be recalled to serve the remainder of their original sentence if they break those conditions. These arrangements apply to all determinate sentences imposed for any offence—for example, they apply to sentences for assault or theft. Consequently, any change for driving offences could result in anomalies arising for driving offences compared with other offences.

That said, different arrangements are in place for offenders serving indeterminate sentences or extended determinate sentences, and for offenders who are of particular concern. It is right that we concentrate our limited resources on ensuring that those offenders who pose a particular and ongoing risk to the public are not released before it is safe to do so, which is the rationale for the current situation.

However, my hon. Friend obviously wants a change in the current situation—she does not want to be told what the current situation is—and I am sure that it is the same for the Gilbey family and the many other families who feel that they are serving a life sentence while the perpetrators of crime get off.

As I said at the outset, there can be nothing more tragic than the loss of a loved one, especially when that loss was avoidable. As the Prime Minister made clear last week, there are deep concerns about the law on dangerous driving and about the sentencing powers currently available to the courts. For too long, these concerns have not been acted upon, so today I reaffirm this Government’s commitment to consult on the penalties for dangerous driving offences.

That consultation will begin before the end of the year. Blameless victims and their families must have total confidence in our criminal justice system. To those people, our message is clear: this Government are committed to making sure that the sentences for those who kill or seriously injure other people on our roads fit the crime. I look forward to setting out our plans later this year.

Question put and agreed to.

Oral Answers to Questions

Debate between Liz McInnes and Sam Gyimah

Monday 2nd March 2015 Commons Chamber

[Liz McInnes (Heywood and Middleton) (Lab)]

2. What recent assessment she has made of the effect of the cost of child care on the household disposable income of parents with disabled children.

[The Parliamentary Under-Secretary of State for Education (Mr Sam Gyimah)]

This Government have introduced the biggest reforms to special educational needs and disabilities provisions in 30 years, reforms that enjoy cross-party support. Every disabled child, like all other three and four-year-olds, is entitled to a free 15 hours of early education, and the situation is the same for disadvantaged two-year-olds. In addition, when tax-free child care is introduced, parents of disabled children will get double the allowance of other families at £4,000. The disabled child element of universal credit is £4,300, on top of all the other benefits parents of disabled children receive.

[Liz McInnes]

The cross-party parliamentary inquiry into child care for disabled children found that 92% of parents with disabled children reported difficulties in finding suitable child care for their children. As child care costs overall continue to rise, particularly for disabled children, that figure can only continue to grow. What is the Minister doing to ensure sufficient places for disabled children?

[Mr Gyimah]

On the cost of child care in general, let me point out that the Labour party left us with the highest child care costs in the OECD; they went up by 50% when it was in government. This Government have been helping parents with the cost of child care, particular parents with disabled children, whom the hon. Lady mentioned. Local authorities have a legal duty to secure sufficient child care for working parents in their area. As far as free entitlement is concerned, local authorities that set the rate they pay for free entitlement can pay for additional hours, on an hourly basis and tailored to individual children, from the dedicated schools grant.