Prisons and Probation

Michael Tomlinson Excerpts

Wednesday 27th January 2016 Commons Chamber

[Philip Davies (Shipley) (Con)]

First, may I apologise to you, Mr Speaker, and other Members: I have a meeting at 6.15 pm with the relevant Minister about the flooding in my constituency so I will be away from the debate for that time? No discourtesy is intended, and I hope my apology will be accepted.

I want to concentrate on one thing that I believe is seriously overlooked in debates on justice: the use of fixed-term recalls, one of the biggest injustices in the criminal justice system. Most people believe that if someone is let out of prison early—whether halfway through their sentence, a quarter of the way through on home detention curfew, or at some other point before they should be let out—if they reoffend during that time or breach their licence conditions, they should go back to prison to serve the rest of their original sentence at the very least, and some, like me, might argue that they should be sent to prison for longer. Unfortunately, that is not always, or even often, the case.

The Criminal Justice and Immigration Act 2008 amended the Criminal Justice Act 2003 to introduce fixed-term recalls. It was not done because it was the right thing to do; it was done to reduce the prison population when it got out of hand under the last Labour Government and they did not have the necessary capacity. A fixed-term recall occurs when an offender reoffends or breaches their licence conditions, and as a result they do not go to prison for the remainder of their original sentence; they go back for 28 days—just 28 days.

The overwhelming majority of the public believe offenders should serve the whole of the sentence they were given in the first place. In fact, a poll by Lord Ashcroft found that 80% of police officers, 81% of the general public and 82% of victims believe sentences are already too lenient, but thanks to the Legal Aid, Sentencing and Punishment of Offenders Act 2012, as of 3 December 2012, the eligibility criteria for fixed-term recalls were relaxed further to make them available to previously denied prisoners. These were offenders serving a sentence for certain violent or sexual offences, those subject to a home detention curfew and those who had previously been given a fixed-term recall for breaching their licence within the same original prison sentence.

I recently asked a parliamentary question and found that in 2014 an astonishing 7,486 people were given this 28-day, all-inclusive mini-break in prison for reoffending or breaching their licence conditions. These included a staggering 3,849 burglars and 546 people whose original offence involved violence against another person, including wounding, manslaughter and even murder.

The sheer number of offenders being returned on these 28-day recalls appears to show that people are being let out when they are not ready to be released into society, yet those who have committed the most serious offences, such as murder, who are released and breach their licence conditions are still required to come back to prison only for a mere 28 days. Anyone who thinks someone on licence for murder should simply be returned to prison for 28 days for reoffending or breaching their licence condition surely needs their head tested. This kind of initiative is ridiculous in an age when public confidence in the criminal justice system is so low.

The Ashcroft poll found that more than two thirds of people—69% —believed that rates of reoffending were high because sentences were too short and prison life was not hard enough. Just recently I was made aware of a case of a local serial offender who was released early on licence for burglary only to commit multiple offences weeks afterwards. That offender was returned to prison, but he was not required to stay there until early 2017, as he would have been if he had had to serve his sentence in full. He was just given his 28-day fixed-term recall. How can that possibly be right? How can that possibly protect the public? That should be the first duty of the Government, rather than making speeches in here trying to make it look to the wider world as though we are compassionate. Do I want people to think that I am compassionate just for the sake of my own reputation? We should be concentrating on how we protect the public from becoming the unnecessary victims of crime.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

Surely, if rehabilitation is effective, it will protect the public and reduce the number of future victims of crime. Is not my hon. Friend making the wrong argument on that point?

[Philip Davies]

According to the Ministry of Justice’s own figures—the Minister can confirm this—the longer people spend in prison, the less likely they are to reoffend. There should be a lesson in there for my hon. Friend. In fact, the punishments with the lowest reoffending rate of all were the indeterminate sentences that were introduced in the name of public protection—the very punishments that my right hon. and learned Friend the Member for Rushcliffe (Mr Clarke) scrapped, even though he said at the time that his main purpose was to reduce reoffending. Let us stick to the facts about what actually works, rather than trying to make ourselves sound good to our constituents and to the wider public.

An equally staggering fact is that many of the offenders who are released on licence and who then reoffend or breach their licence conditions and are recalled for 28 days and then go on to reoffend or breach their licence conditions again once they have been re-released are still only recalled for 28 days on that second or subsequent occasion. Between September 2013 and September 2014, 1,160 offenders received more than one fixed-term recall, including 49 offenders who were serving sentences for violence against the person and 705 who were serving sentences for burglary. That is absolutely outrageous, as my constituents in Wilsden and Harden, who are facing a spate of burglaries at the moment, will know only too well. Perhaps we should ask them to listen to some of this liberal claptrap while they are having their homes burgled every five minutes by people who have been released from prison on fixed-term recall.

This weak response to reoffending is becoming so well-known in the criminal community that some people are taking their chances and reoffending, knowing that the punishment will be pathetic. Worse still, some are deliberately trying to get themselves back into prison for 28 days, as that is just enough time for them to make money from dealing drugs and committing other crimes on the inside before being released again. They are deliberately going back into prison because they know that it will only be for 28 days, and that they will not have to serve the rest of their original sentence. The concept of the fixed-term recall takes dishonesty in sentencing—which is already bad enough with people only serving a maximum of half their sentence—to a new low. Fixed-term recalls are completely unjust and unjustifiable, and they should be scrapped with immediate effect.

--- Later in debate ---

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

It is a pleasure to speak in this important debate, and I am grateful to have been called.

I shall focus on two main areas—first, victims, and secondly, rehabilitation. It is not a case of either/or; the two can go hand in hand. Rehabilitation can protect the public by helping to prevent future victims. There is a clear link between securing employment and a reduction in reoffending. Offenders who leave prison and secure employment reoffend at the rate of 32%, which is still too high. For those who fail to secure employment, the reoffending rate goes up to 69%. There is a demonstrable link.

As the Secretary of State invited us to do, I place on record my thanks to those who work in our prisons. I shall pick out three aspects, all of which have links to Dorset. First, the Footprints project is a volunteer scheme that mentors offenders recently released from prison and those serving community sentences. It serves the area of Dorset, Somerset and Hampshire. Encouragingly, ex-offenders often want and aim to become mentors themselves, such is the success of the scheme.

Secondly, Clean Sheet is an independent charity focused on the employment of ex-offenders. It delivers a “Ways to Work” employability scheme. I know that the Secretary of State has visited Guys Marsh prison and, importantly, the Jubilee wing, which is in my neighbouring constituency, North Dorset. There is a less formal environment there, the regime is less strict, and prisoners are encouraged, for example, to make their own meals. As of 2015, only four out of 58 prisoners had reoffended—a striking example. I invite the Minister to look again at that model and see whether it could be rolled out more widely.

Finally, I would like to mention the work of Peter Jones from the Counselling in Prisons Network. He is a constituent of mine and has produced a document on promoting excellence in therapy in prisons. Through counselling and psychological therapy, he works with victims of sexual violence and trauma who are themselves in a custodial setting. This helps to prevent reoffending.

All three of those initiatives have a link with Dorset, but there is a more important link—the passion to reduce reoffending and ensure that ex-offenders get back on the straight and narrow. For me, there is not a choice between victims first or rehabilitation. It has to be both. Victims are very much at the heart of our criminal justice system, but so too should be rehabilitation. Get that right, and there will be fewer victims.