Criminal Law

Matt Vickers Excerpts

Thursday 25th July 2024 Commons Chamber

[Matt Vickers (Stockton West) (Con)]

Thank you, Madam Deputy Speaker, and congratulations on your new role.

I am grateful for the opportunity to debate the Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024, following the Lord Chancellor’s statement on prison capacity last week. This statutory instrument is significant, so it is right that we have the opportunity to scrutinise, challenge and call on the Government for clear answers to a number of vital questions. Although the SI is comprised of only five clauses and a schedule, its impact should not be underestimated. It reduces the automatic release point for criminals on standard determinate sentences from 50% of their sentence to 40%, subject to limited exclusions.

As the shadow Lord Chancellor, my right hon. Friend the Member for Melton and Syston (Edward Argar), has set out, we recognise the challenges and significant pressure facing prisons and the criminal justice system, as well as the need to ensure that they continue to function effectively. Those pressures were well known to the then Opposition—they are not sudden news.

In government, in order to protect society, we took the decision to toughen sentences for those who commit the worst crimes. In parallel, we set in train the biggest prison-building programme since the Victorian era, with thousands of additional places delivered, and five of the six new prisons either built, in construction or with planning permission granted. However, what had a huge impact on the prison population was our taking the right decisions not to mass release prisoners in the pandemic, and not to scrap trial by jury during the pandemic, meaning that the number of remand prisoners awaiting trial or sentence increased from around 9,000 to around 16,500. Those decisions, which, if I recall correctly, were not opposed by the then Opposition, were the right decisions, and the now Government cannot credibly claim they did not know about them.

Public protection must always be central to what the Lord Chancellor does. We have grave public protection concerns about the Government bringing forward this statutory instrument to reduce capacity pressure in prisons. When the shadow Lord Chancellor pressed the Lord Chancellor on a number of our key concerns last week, the Lord Chancellor was unable to provide the reassurance and commitments that we sought. Today, as we debate the detail of the instrument, I must press her again, and I hope that she will respond in her wind-up.

By way of context, can the Lord Chancellor confirm the number of places available in the adult male estate as of this morning—I believe that the figure was around 700 when she made her statement—so that the House might understand the rate of attrition in prison places? She failed last week to set out her criteria for ending the effect of the statutory instrument after 18 months. More importantly, why does the statutory instrument not contain a sunset clause? I realise that she touched on that, but given the significance of the powers, surely it is reasonable to sunset such a measure. Rather than us giving her a blank cheque, she could always return to the House to seek its agreement to renewing the measure, if needed. The SI and supporting documents suggest that the Lord Chancellor has not put in place any exclusions to prevent the worst, persistent repeat offenders who receive shorter sentences from benefiting. Is that correct?

The SI sets out that prisoners may benefit from the changes if their sentence is under five years. Is she aware that under the sentencing guidelines, a section 20 grievous bodily harm wounding offence under the Offences Against the Person Act 1861—a serious offence—would attract a sentence of up to five years? Would those who have committed that offence benefit from her prisoner sentence reduction scheme?

[Several hon. Members rose—]

[Matt Vickers]

There will be an opportunity to respond to me later.

As we know, many offences linked to dreadful domestic abuse and domestic violence do not appear to be among the Lord Chancellor’s exclusions, as the offence prosecuted would be, for example, a section 20 GBH or common assault. What does she say to victims of domestic abuse who are worried that the way in which the measure has been drafted risks allowing their attacker to benefit from her early release scheme? What percentage of those who are released when 40% of their sentence is served, rather than 50%, will be recalled back into prison for breaches? What steps is she taking to mandate the imposition of GPS tagging or other strict conditions on those who benefit from the measures? Again, there is no detail in the SI.

What additional resources are being made available to probation by September, when this early release scheme is due to start, over and above what was already put in place by the previous Government? The Lord Chancellor stated her plans for next March, but what about this September, when her scheme comes into play? How many additional staff will be in place in offender management units by September, to meet the demands of sentence and release-point recalculation? What additional funding is the Ministry of Justice making available to local authorities and other housing providers to meet the short to medium-term increase in demand for suitable accommodation in the coming months?

Last week, the Lord Chancellor confirmed her intention to temporarily fully close HMP Dartmoor. Where does she intend to find the places lost? More broadly, she asks the House to support the open-ended measures in the SI, but is yet to set out any detail of a long-term capacity plan—either how she will pay for and build more prison places over and above those we already committed to, or whether she will reverse the changes we made to toughen sentences for dangerous criminals. Which is it? What is the plan?

While we recognise the need to address immediate pressures in the prison system, we are deeply troubled by the lack of detail in this statutory instrument and its supporting documents, and by the huge gaps that appear to exist, which I have set out. A blank cheque is being asked for, and there is no sunsetting of this significant measure, and no ability to amend the instrument to include a sunset provision. I have highlighted examples of serious offences that appear not to be excluded, offences that can often be linked to domestic violence or wounding. The absence of such measures, and of clarity, mean that this instrument is drafted in a way that is deeply troubling. I look forward to the Lord Chancellor’s response and reassurances during her wind-up remarks.

[Madam Deputy Speaker (Ms Ghani)]

I call Bambos Charalambous.

Oral Answers to Questions

Matt Vickers Excerpts

Tuesday 21st November 2023 Commons Chamber

[Alex Chalk]

The hon. Gentleman is right about the eight court buildings, but that is in the context of an estate of over 300 buildings. It is important to note, however, that we have massively increased the budget for the court estate, and that enables us to do two things. First, we can take on more projects and also plan them because we have guaranteed this over two years, meaning that we can plan in a more efficient and effective way. The second issue so far as prisons are concerned is that separate considerations apply because the buildings are used for a whole range of different purposes; there is the prison itself, but there are plenty of ancillary buildings. This is all being inspected in the normal way, and the budget is certainly there to effect remediations if required.

[Matt Vickers (Stockton South) (Con)]

T10.   Last week I visited my local Co-op store in Hartburn, where I met staff and Union of Shop, Distributive and Allied Workers reps as part of Respect for Shopworkers Week. There are around 867 assaults on shop workers not each month, not each week but every single day. We cannot go on like this. Will my right hon. and learned Friend look again at what we can do to tackle this issue and deliver justice for shop workers?

[Alex Chalk]

My hon. Friend is absolutely right. Those people are on the frontline of society, acting effectively in public to do an incredibly important public service. We have already moved to ensure that the courts can treat assaults on shop workers as an aggravating factor when it comes to sentencing. To be clear, this means that, in appropriate cases, the fact that a person has assaulted a retail worker can mean the difference between a non-custodial penalty and a custodial penalty, which is absolutely right. Those who behave in such a cowardly way should expect all consequences.

Police, Crime, Sentencing and Courts Bill

Matt Vickers Excerpts

Consideration of Lords amendments
Monday 28th February 2022 Commons Chamber

[Robbie Moore (Keighley) (Con)]

It is once again a great pleasure to be able to speak in favour of this Bill. As we know, the first duty of any Government is to keep their citizens and communities safe, and a huge part of that is guaranteeing that the punishments for those who commit the worst crimes ensure that society receives the justice it deserves and is protected from criminals. On that point, I would like to focus on the amendments that relate to Tony’s law. I pay tribute to my hon. Friend the Member for Tonbridge and Malling (Tom Tugendhat) and the hon. Member for Rotherham (Sarah Champion), who have campaigned tirelessly to ensure that Tony’s law is enshrined in statute.

Child cruelty is abhorrent, and it is simply unthinkable that someone could commit such crimes, yet they do sadly happen. That includes the crimes that caused the tragic death of Star Hobson in Keighley back in 2020, which shook my entire constituency and indeed the whole country. Star suffered sickening abuse and brutality at the hands of her mother, Frankie Smith, and her mother’s partner, Savannah Brockhill. Star was punched, kicked and stamped on multiple times by Brockhill, with her mother doing nothing to stop the brutality. It is hard to believe that a human, not least a mother and her partner, could be so cruel. During their trials, the court heard that this physical abuse caused Star unsurvivable injuries, including a skull fracture. Following the trial, many of my constituents and I expressed our real concerns about the sentences given to Brockhill and Smith, particularly as Smith initially received only eight years in prison. That was in spite of the fact that she had facilitated the horrible abuse that killed her daughter. It is right that the sentence was referred to the Court of Appeal following a letter that I and many others sent to the Attorney General, my right hon. and learned Friend the Member for Fareham (Suella Braverman).

We need to ensure that sentencing for child cruelty is fit for purpose. Unfortunately, the tragic death of Star Hobson is not an isolated incident. Child cruelty happens across the country, which is why the Lords amendments to enact Tony’s law are so important. These amendments will ensure that anyone who causes or allows the death of a child in their care will face up to life imprisonment, instead of the current 14-year maximum. Likewise, the punishment for those who cause or allow serious physical harm to a child will toughen from 10 to 14 years.

The crimes I have spoken of are some of the worst imaginable. It is simply incomprehensible that someone could treat a child so cruelly. This abuse must not be allowed to stand, which is why I am so delighted that the Government are encompassing Tony’s law in the Bill.

I finish by putting on record my thanks to my hon. Friends the Members for Stockton South (Matt Vickers) and for Crewe and Nantwich (Dr Mullan), who have campaigned tirelessly in this place to make sure that Harper’s law is included in this legislation. It is commendable that the Government have made these amendments to the Bill.

[Matt Vickers (Stockton South) (Con)]

I am delighted to see a Bill that will do so much to deliver justice and make our communities safer. There is so much to be said, but I will speak briefly on two changes to our law that are very much overdue.

First, we are making it a statutory aggravating offence to assault someone who is providing a public service. When the pandemic struck, many fled to the safety of their home, but our army of key workers bravely rolled up their sleeves and got on with their job to keep this country going. Health and social care workers, transport workers and retail workers are owed a huge debt of gratitude, but not everyone in our society has shown them that gratitude.

As chair of the all-party parliamentary group on the future of retail, I hear the horrific and increasing abuse suffered by retail workers in town centres and shopping parades across the country. Last year there were 455 assaults on retail workers—not every month, not every week, but every single day. The youngster with their first job stacking shelves and the semi-retired person with an extra part-time job on the tills to top up their income to buy their grandkids something nice for Christmas: these are normal people just doing their job. They are often not well paid, they do not have stab-proof vests or body-worn cameras, and every day they have to return to the scene of the crime.

These people are not assaulted because they wear shirts with Tesco or Co-op written on them; they are assaulted because they are upholding the rules that are in place to protect us. They verify people’s age when buying knives or alcohol, and during the pandemic they checked people’s masks and social distancing, undertaking statutory duties and responsibilities that we in Parliament have placed on them. It is right that they will now have statutory protections.

Lords amendment 1 enacts Harper’s law, and I cannot imagine that anyone has not been touched by the horrific and devastating circumstances of PC Harper’s death. I cannot imagine anyone was not moved by the unbelievable heroism, bravery and determination of his family and his wife, Lissie, in campaigning for this change to ensure that no one else will have to go through such terrible misjustice. When our amazing emergency service workers run towards danger to protect others, it is right that our legal system will now have their back by delivering justice for them and their families.

[Ruth Edwards]

Pointy black-tipped ears, furry and brown, and the ability to make a getaway at 45 mph. This is the description of the suspect I found digging in our veg patch the other week. I am, of course, talking about the brown hare. The occasional episode of vegetable vandalism aside, we feel privileged to share our home with these fascinating creatures that we often see streaking over the fields around our house or lolloping through our garden.

I strongly welcome Lords amendments 61 to 69, which create tougher penalties for hare coursing by increasing the maximum penalty for trespassing in pursuit of game to up to six months’ imprisonment. New offences have also been created: trespass with the intention of using a dog to search for or pursue a hare; and, secondly, being equipped to do so.

Hare coursing is a huge problem in rural parts of Rushcliffe and throughout the Vale of Belvoir. Last night, I spoke to a local farmer, who told me that hare coursers had been trespassing on his land for as long as he could remember; several times a month they vandalise his property, destroying locks and pulling gates off their posts to gain access. They destroy his crop by driving all over it and, obviously, they destroy the local hare population. He told me there were now hardly any left. Worst of all, he told me, “We know who is doing a lot of it. It’s a couple of local families but they seem to be above the law.” Farmers who had challenged them had their workshops broken into and vandalised, which is why I am not sharing his name today.

I hope these new offences will give the police better powers to target such criminals. I welcome the new powers for courts to order the reimbursement of the police for kennelling dogs seized in relation to hare coursing, because taxpayers certainly should not be paying for it. I also welcome new powers for courts to disqualify offenders from owning a dog—no one engaged in this sort of cruelty to animals should be owning one.

Approved Premises (Substance Testing) Bill

Matt Vickers Excerpts

3rd reading
Friday 21st January 2022 Commons Chamber

[Matt Vickers (Stockton South) (Con)]

I thank my hon. Friend the Member for Aylesbury (Rob Butler) for bringing the Bill before the House. I believe it is not only a fantastic piece of legislation but fits perfectly within wider Government strategies to deal with the influence and issue of drugs in our communities. It will set a comprehensive statutory framework for the testing of illicit substances in approved premises and will enable an increase in testing, thereby hopefully reducing the number of drug-related deaths in approved premises. For that reason, I strongly support it.

I appreciate my hon. Friend’s comments on the focus of the Bill being guidance and help rather than just prosecution. We need this sort of balanced and compassionate approach when dealing with this complex and multifaceted issue. The more humane we are as a society and in our approach, the better chance we have of actually helping those in need to break the cycle of drug abuse and reoffending, giving people another chance in life.

What is so important about the Bill is that it will help us tackle drug use in approved premises, where residents are most at risk, and will empower those staffing these premises to respond effectively to residents, with staff enabled to apply the relevant treatment, guidance and support. Prevention is better than punishment. The Bill’s enlightened approach will support the Government’s continued commitment to the general rehabilitation of offenders, help reduce reoffending and assist in getting vulnerable people’s lives back on track. Breaking the cycle of drug use and reoffending will clean up our streets and protect our communities. The Bill provides a robust response to the ever-changing means and methods of drug use.

It is important that we expand the methods of testing. The Bill will introduce urine testing rather than oral fluid testing. Few drugs can be detected reliably in oral fluid. Moving to urine testing allows a laboratory to test reliably for a range of illicitly used drugs. The Bill will also extend the range of substances that can be tested to cover all forms of psychoactive substance, as well as prescription and pharmacy medicines. It will allow the Prison and Probation service to respond effectively and flexibly to changing patterns of drug misuse and to improve the identification of residents misusing substances to enable appropriate referrals to treatment, together with the development of appropriate targeted care planning.

Back in 2017, the prisons and probation ombudsman outlined that approved premises need a more effective focus on drug testing and on managing the risks of substance abuse. The Bill will do just that; I am delighted to support it.

Oral Answers to Questions

Matt Vickers Excerpts

Tuesday 29th June 2021 Commons Chamber

[Mark Fletcher (Bolsover) (Con)]

What steps his Department is taking to tackle pet theft.

[Matt Vickers (Stockton South) (Con)]

What steps his Department is taking to tackle pet theft.

[The Lord Chancellor and Secretary of State for Justice (Robert Buckland)]

The Government recognise the deep distress that the theft of a much-loved pet can cause, and I have met the Home Secretary and the Environment Secretary to create a taskforce to investigate the problem end to end. That work is under way and it is gathering evidence to understand the factors that may be contributing to any rise in pet theft and to recommend measures to tackle the problem. It will report to Ministers on potential solutions by the summer.

--- Later in debate ---

[Robert Buckland]

My hon. Friend is right to reflect the views of his constituents in Bolsover and the wider community. We are looking at not just the consequences of pet theft, but ways in which the black market in the trade in animals can be dealt with. Lots of ideas and initiatives merit serious consideration as to how we can prevent the incentives for this sort of despicable crime from occurring in the first place. That is the work that is being carried out now.

[Matt Vickers]

It is clear today that pet theft is having a huge impact on so many families across the country. Indeed, if my mam had the choice between me and her beloved, slightly obese Bichon, Archie, it would be a close call and I would not fancy my odds. Pet theft is on the rise. The loss of a furry family member is having an impact on so many families. Will my right hon. and learned Friend confirm not if and how, but when we will update the law to tackle this terrible crime?

[Robert Buckland]

I am glad that my hon. Friend declared his interest, as is appropriate. Many other Members of this House will be dog owners. I am a cat owner, so I declare that interest. Clearly, behind that, there is a very important point about the ways in which we can help to prevent the spread of this crime. As the Prime Minister said, this is often the underbelly of more organised and serious criminality, where profit is being made on the backs of the misery of not just the pets themselves, but their owners, who suffer great distress as a result of the theft.

Police, Crime, Sentencing and Courts Bill

Matt Vickers Excerpts

2nd reading & 2nd reading - Day 2
Tuesday 16th March 2021 Commons Chamber

[Matt Vickers (Stockton South) (Con)]

I was elected to represent the people of Stockton South on a manifesto that pledged to get tough on crime, protect our emergency service workers and give real justice to the victims of some of the most heinous crimes. I am therefore delighted to support the Bill, which will do exactly that. It will ensure that we are on the side of the victims, not the criminals; it has tougher sentences for those who vandalise our memorials, those who prey on children, sex offenders, killer drivers and child murderers. The victims of those awful crimes are often left scarred by them for the rest of their life, and I am glad that the Bill will go some way to delivering real justice for them.

The Bill contains fundamental, wide-ranging improve-ments to our justice system, and it is impossible to cover its breadth in just three minutes, so I will focus on what it does for our emergency service workers across the country. The pandemic has been awful for us all, but many of our emergency service workers have borne the brunt of it. While we retreated to the safety of our homes, our emergency service workers rolled up their sleeves and got on with it, running towards danger when so many of us would run away. It is therefore unbelievable that during this most terrible year, assaults against our emergency service workers have increased substantially. Yes, our policemen and policewomen who do so much to protect us, and our doctors and nurses who help us when we need them most, have faced record numbers of assaults this year. In Cleveland, that has meant 662 assaults on emergency service workers; that is up more than 50% on the previous year.

[Alex Cunningham (Stockton North) (Lab)]

I am grateful to my next-door neighbour in Stockton for giving way. We have the third-most serious level of serious crime in Cleveland, yet the hon. Gentleman’s Government refused us additional funding time and again. Why?

[Matt Vickers]

Today the hon. Gentleman has the chance to be on the side of the emergency workers, those brave men and women who put themselves out on the frontline to keep our communities safe. We are putting more police on the streets and giving them the powers and equipment that they need to do the job, and I am very happy that there are more than 150 more police officers on the streets of Cleveland, thanks to this Government.

I welcome the fact that the Bill will increase the maximum sentence imposed on those who assault our emergency service workers. It is much overdue and there must be no further delay in protecting our protectors, doing justice for those who put themselves in harm’s way to uphold the law or who are there to help us when we need them most. I am hopeful that a tougher approach to sentencing will send a signal and go some way to ensuring that our emergency service workers get the respect that they so rightfully deserve. The Bill enshrines the police covenant into law, ensuring that our police officers—retired or serving—and their families get the additional support that they have rightly earned through their service to our communities.

We have put more police officers on the streets. We have provided more equipment and more funding, and now, whether it is by tackling unauthorised encampments or persistent violent offenders, we are giving the police the powers that they need to do the job. This legislation is long overdue and, tonight, I will be on the side of the victims and the emergency service workers across this country.

Oral Answers to Questions

Matt Vickers Excerpts

Tuesday 14th July 2020 Commons Chamber

[Kit Malthouse]

I am extremely grateful to my hon. Friend for bringing this organisation to my attention, not least because I read Ray and Vi Donovan’s booklet last night, “Understanding Restorative Justice”, and their very moving testimony of what happened to them. They have an incredible capacity for forgiveness, having forgiven their son’s killers, who perpetrated an appalling act, depriving them of the life of their child. They found it in themselves to forgive those three criminals, as they were then, and to move on with their lives. I will be more than happy to consider what more we can do in this area as we move towards our plans on rehabilitating offenders, and I would be honoured to meet Ray and Vi, if my hon. Friend was willing to bring them to Westminster when normal life resumes.

[Matt Vickers (Stockton South) (Con)]

If he will make a statement on his departmental responsibilities.

[The Lord Chancellor and Secretary of State for Justice (Robert Buckland)]

Covid-19 presents one of the greatest peacetime challenges that the United Kingdom and the justice system have ever faced, but throughout the crisis, we have kept courts open, we have kept cases flowing through the system and justice has been delivered, especially for the most vulnerable victims and with regard to dangerous offenders. We are ahead of comparable systems around the world and we should recognise the hard work that has allowed that to happen. Technological innovation has accelerated throughout the system, with over 14,000 cases heard remotely. Jury trials have safely restarted, with 48 Crown court centres now hearing trials, and Her Majesty’s Courts and Tribunals Service has published a plan that clearly outlines the next steps. We are not there yet and we are continuing to work on increasing available court capacity, ensuring that technology can be more effectively used throughout the system and exploring all necessary and appropriate options. This comes together with the biggest increase in the court maintenance funding structure for over 20 years.

[Matt Vickers]

In green spaces across my constituency, litter picks used to result in us picking up cans, bottles and crisp packets, but now, more and more, we are finding numbers of nitrous oxide canisters. There is an increasing number of youngsters putting their health and lives at risk using this psychoactive substance. Will my right hon. and learned Friend look at this with colleagues across Government so that we can get a grip of this growing and dangerous issue?

[Robert Buckland]

I am grateful to my hon. Friend for that question. He can be reassured, first of all, that nitrous oxide is a psychoactive substance classified under the Psychoactive Substances Act 2016, and it is an offence to supply it if someone knows, or is reckless as to whether, it will be used for its psychoactive effect. The most recent assessment of the drug was in 2015, when the Advisory Council on the Misuse of Drugs concluded that there is evidence that the use of the drug can cause harm, but I would be more than happy to discuss the matter further with him.

Counter-Terrorism and Sentencing Bill

Matt Vickers Excerpts

2nd reading & 2nd reading: House of Commons
Tuesday 9th June 2020 Commons Chamber

[Matt Vickers (Stockton South) (Con)]

I will be brief. The Bill is in many ways a seminal step in strengthening public confidence in our criminal justice system, tackling radicalisation and ensuring that justice is done with regard to those who commit these most heinous crimes. A single terrorist attack undertaken by a known terrorist automatically released early from prison is way too many. Many of us will remember the undeniable feeling of injustice and frustration when we think back to 2 February and the Streatham attack—an attack that should and could have been prevented. It was someone known to the authorities who should have been behind bars. It beggared belief and flew in the face of justice and everything we know to be right.

I therefore welcome this Bill, the largest overhaul of terrorist sentencing and monitoring in decades. It includes tougher sentences, an end to automatic early release and an improved ability to manage and monitor terrorists, and it should be welcomed by all. It tackles terrorism and does justice for heroes who have lost their lives at its ruthless hands. Every day, people entering this place walk past a memorial to a hero, Keith Palmer, who gave his life fighting against terrorism. Nothing equates to the loss of the lives of such heroes, but it is right that we will see prison sentences more befitting the evil acts undertaken by terrorists. Justice must be done.

When the evils of terrorism appear, this Government must be able to look into the eyes of the public and tell them that we gave those charged with keeping us safe the resources and powers they needed to get the job done. Rightly, the Bill builds on increased investment in counter-terrorism policing, doubling the number of counter-terrorism specialists in the probation service and creating a network of counter-terrorism specialists throughout our Prison Service, as well as offering greater support for victims of terrorism. Terrorism is an abhorrent evil and this robust approach gives our courts, the Prison Service and the police the powers they need to protect lives, protect our way of life and improve confidence in our criminal justice system.