Sentencing

Debate between Michael Ellis and Sadiq Khan

Monday 23rd May 2011 Commons Chamber

[Sadiq Khan]

I think that I have dealt with the hon. Gentleman’s point on more than one occasion and I want to make some progress.

We also know that the Government had originally scheduled tomorrow—the last day before recess—to be the day on which they published their response to the Green Paper. So when the Prime Minister says at Prime Minister’s questions that this is only a consultation, when No. 10 says that the Ministry of Justice is merely “flying a kite” and when we are told that this is not an across the board reduction in sentence, we know that that is not the case.

I wish to spend some time talking about why Labour Members believe that the whole House should support our motion and reject this policy. The Green Paper, the Under-Secretary of State for Justice, the hon. Member for Reigate, in last week’s Justice questions, and the Lord Chancellor, on BBC’s “Question Time”, have all said that the maximum 50% discount would apply to all crimes. So it will apply to grievous bodily harm, attempted murder, rape, burglary, muggings, death by dangerous driving and all the other crimes that we can all think of that have such a miserable impact on communities up and down the country. Let us consider the impact of the proposals on some sentences. A convicted rape offender could be back on the streets after only 15 months. Someone convicted of causing actual bodily harm where the assault is premeditated and it results in relatively serious injury could end up serving three months in prison. Criminals convicted of burglary when the occupier is at home could serve as little as 10 weeks in prison. In the case of very serious crimes, where sentences are longer, the additional 17% rise in the discount might have the greatest impact. In such circumstances, an additional 17% translates into reductions of years.

[Michael Ellis (Northampton North) (Con)]

The right hon. Gentleman is talking about figures, but does he accept, as regards the figures already mentioned by Government Members—the 80,000 prisoners and the 16,000 prisoners who committed violent crimes who were released early under the Labour Government over 13 years—that 181 of those released early committed violent offences including three murders and six sexual offences? Does he accept those figures?

[Sadiq Khan]

My hon. Friend the Member for Birmingham, Selly Oak (Steve McCabe) commented on the efficiency of the Conservative Whips and I can see that the Lord Chancellor’s Parliamentary Private Secretary is also very effective. I have not seen the note that the hon. Member for Northampton North (Michael Ellis) has been passed by the Lord Chancellor’s PPS, but if he will discuss it with me afterwards I can check whether it is accurate.

It is not just us who think this policy is wrong. The Sentencing Council, the body charged with offering expert advice on such issues, states that

“in other common law jurisdictions the largest discount on offer is around a third, with some offering up to 35%. To date no jurisdictions have been identified where the discount is significantly higher than this”.

It goes on to point out:

“The Council has not identified any research to date that indicates that an increase in the level of the discount would be likely to increase the volume of early guilty pleas.”

The only evidence we have seen shows how much money will be saved, and cost is once again being put above good justice.