Victims and Courts Bill (Fifth sitting)

Mike Wood Excerpts
None Portrait The Chair
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We continue line-by-line scrutiny of the Bill. Please switch all electronic devices to silent. No food or drink is permitted apart from the water in front of you. Hansard colleagues would be grateful if Members could email their speaking notes to them or pass the relevant notes to the Hansard colleagues in the room. Members are reminded to bob if they wish to speak.

Clause 11

Reviews of sentencing: time limits

Mike Wood Portrait Mike Wood (Kingswinford and South Staffordshire) (Con)
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I beg to move amendment 9, in clause 11, page 12, line 22, at end insert—

“(aa) in that sub-paragraph omit ‘28’ and insert ‘56’”.

This amendment increases the window for applying to the Unduly Lenient Sentences Scheme from 28 days to 56 days.

None Portrait The Chair
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With this it will be convenient to discuss the following:

Amendment 10, in clause 11, page 12, line 23, after “(2)” insert

“unless an application is made by a victim, or their deceased victim’s next of kin, in which case notice of an application shall be given within one year”.

This amendment increases the window for applying to the Unduly Lenient Sentences Scheme to one year for a victim of a crime or a deceased victim’s next of kin.

Amendment 11, in clause 11, page 12, line 29, leave out “28” and insert “56”.

This amendment is contingent on Amendment 8.

Amendment 12, in clause 11, page 12, line 39, at end insert—

“(5) In accordance with the provision under sub-paragraph (1) the Crown Prosecution Service must write to the victim, or a deceased victim’s next of kin, within 10 working days of the sentence being delivered to make them aware of their ability to apply for a review of sentencing.”

This amendment is contingent on Amendment 9. It would require the CPS to write to a victim, or a deceased victim’s next of kin, within 10 working days of a sentence being delivered to make them aware of their ability to apply for a review.

Mike Wood Portrait Mike Wood
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Before any observers start panicking that the shadow Justice Minister, my hon. Friend the Member for Bexhill and Battle, has really let himself go over the weekend, I should say that he sends his apologies to the Committee, although it is not clear whether that is for his absence due to illness or for lumbering Members with me this morning.

I rise to speak in support of Opposition amendments 9 to 12. In the last sitting, we spent considerable time considering the role and involvement of victims and their families in the sentencing process. We spoke about measures aimed at making it as meaningful as possible by both involving them and trying to ensure that offenders are present. Disappointingly, we were unable to secure changes that we believe would strengthen the voice of victims and their families.

Across the criminal justice system, we have seen considerable effort made to improve the experience of victims and their families, including through the introduction of screens, the pre-recording of evidence, the work of organisations such as Victim Support, and the many ways in which the Victims’ Commissioner has expanded the rights of victims and their families and the services available to them. However, there is cross-party agreement on the need to go further. We welcome many of the measures that the Government are introducing, including through clause 11, but victims and their families are not just interested in what the processes of the criminal justice system are like. Although the views of victims and their families are not the only ones we should seek, we really want them to have a fair and reasonable experience of the justice system, and to consider its outcomes to be fair and reasonable.

The unduly lenient sentence scheme provides victims, their families and others with a route to redress when they feel that the outcome does not represent justice. However, it is clear from the evidence we heard last week, and from victims’ family members whom the shadow Minister and I have spoken to, that the current scheme is woefully inadequate. Witnesses who spoke for victims during our evidence sessions, as well as the Victims’ Commissioner and the Domestic Abuse Commissioner, all agreed that the current time window is simply not fair.

As Paula and Glenn from Justice for Victims said, echoing what Katie Brett from the group had originally said, 28 days is the same amount of time people get to return something to a shop. There is an inherent unfairness, because there is an exceptional circumstances clause under which a criminal gets no time limit—none at all. The Bill will amend the unduly lenient sentence scheme, but only for the Government’s Law Officers—not in relation to victims and families. We can see no good reason why we should not act now, with legislation before us, to improve the scheme for victims and families too.

Our amendment 10 would allow victims, or a deceased victim’s next of kin, to request a review up to one year after sentencing. Giving them time to act would show that we understand that this can be a deeply traumatic time for many people. Many of us will have had victims come to our advice surgeries soon after sentencing, but outside the 28-day period in which we are able to offer any help. When we have spoken to victims, it has been clear that, first, they were not aware of that, and secondly, because of their state of mind after the trial and sentencing, they were not focusing on such things immediately. Therefore, it is reasonable to extend that period.

Katie Brett started a petition to change the law, which has gathered more than 14,000 signatures. Katie is doing that in memory of her sister Sasha, who was brutally murdered; she was stabbed more than 100 times, raped, and her body was set on fire. Katie has every reason to believe that her sister’s killer should have received a whole-life order, but will never get the chance to legally test that. Ayse Hussein, also from Justice for Victims, had a similar experience, and the group is campaigning for a change in the law.

I am sure the Minister will say that the Law Commission is looking into unduly lenient sentencing and that we must let it do its work, but anyone reading that review will see that it is primarily about criminal appeals from the viewpoint of offenders. The consultation document makes it clear that the Law Commission does not think there is anything wrong with the way in which the ULS operates at the moment, and it is not clear how it can possibly reach that view. Why does the Minister need the Law Commission to tell her and us that this needs to change? The Government are giving the appearance of being dependent on reviews to make up their mind on quite simple principles, but particularly anything significant in the judicial sphere. Here is an opportunity to be bold, and to apply good instincts, which I know the Minister has and am confident would be similar to ours on this issue. We hope that the Government will accept the amendment.

Amendment 12 addresses the equally important issue of awareness. Of course, a short time window creates a greater risk of someone never being made aware, but either way, we need a more robust mechanism of notification, so that victims know of the possibilities. The amendment would introduce a new duty on the Crown Prosecution Service to inform victims, or a deceased victim’s next of kin, within 10 working days of sentencing that they can apply to the ULS. This is about enforceable rights. A legal right means little if the person entitled to it does not know that it exists. Victims deserve to be told what their options are clearly and promptly. The amendment would ensure that no one missed their opportunity for justice simply because no one had bothered to tell them. Surely we do not need the Law Commission to tell us that this is the right thing to do.

Finally, amendment 9 would make a straightforward but crucial change—to increase the time limit for referring a sentence under the unduly lenient sentence scheme from 28 days to 56 days. This is about achieving simple fairness by extending more broadly the Government’s measure to award more time to their own Law Officers.

Jack Rankin Portrait Jack Rankin (Windsor) (Con)
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We welcome the provisions in clause 11, which relate to extending the time period in which the unduly lenient sentence scheme may be applied for. However, as the official Opposition, we still have concerns that the window of opportunity for victims to raise an appeal remains the same. The scheme can only be referred to for some of the most serious crimes—crimes that are likely to leave victims and their families with a degree of trauma or grief. How can we possibly expect that, within just a month of a sentence being issued, gathering together a clear, strong case for a sentence’s being unduly lenient would be on the minds of victims?

We also know that many victims do not know about the scheme, or the opportunity to appeal. Baroness Newlove said that victims “really do not know” about it. She said:

“Once they leave the courtroom, it can take a long time, but the clock is ticking.”[Official Report, Victims and Courts Public Bill Committee, 17 June 2025; c. 8, Q15.]

During the oral evidence session, many notable sources raised issues with the current timeframe. Dame Nicole Jacobs, Domestic Abuse Commissioner for England and Wales, described the current system as “disorienting” and said that

“we need to do so much more to put in place solid advice and support for victims. Those 28 days seem to fly in the face of that.”––[Official Report, Victims and Courts Public Bill Committee, 17 June 2025; c. 9, Q15.]

Extending the window of opportunity will also surely allow a greater base of evidence from previous cases to be compiled, to bolster a referral under the scheme. It is only right that we allow victims, and the organisations supporting them, the time and space to make their case as strong as possible, ensuring that everything is laid on the table for the Attorney General to consider. Let us place victims and families at the heart of the unduly lenient sentence scheme, where they should be.

Alex Davies-Jones Portrait The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)
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It is a pleasure to serve under you in the Chair, Dr Murrison. I place on the record our well wishes to the shadow Minister, the hon. Member for Bexhill and Battle, and welcome the Opposition Whip, the hon. Member for Kingswinford and South Staffordshire, in his place today.

On amendments 9 and 11, let me start by thanking the Justice for Victims campaign and, in particular, Katie Brett, whom I met again recently and whom I commend for her tireless campaigning for reform of the unduly lenient sentence scheme in honour of her sister Sasha.

As the Opposition Whip mentioned, the Law Commission is undertaking a review of criminal appeals, and it has launched a public consultation inviting views on a range of reforms to the ULS scheme, including extending the time limit. The consultation is open to all and has been extended to 27 June. I urge him and anyone else with an interest to submit their views, if they have not already done so. The Government will review the recommendations by the Law Commission and act if necessary. Parliament intended the ULS scheme to be an exceptional power, and any expansion of the scheme must be carefully considered. Therefore, we will holistically consider the review’s final recommendations following publication of the report.

On amendments 10 and 12, we recognise the exceptionally difficult circumstances for victims and their families in making a referral within 28 days. We heard about the impact that that is having on them directly in our evidence sessions last week. That is why anyone can ask the Attorney General or the Solicitor General to consider referring a sentence to the Court of Appeal. That is open to not just victims or relatives of a victim, but members of the public, the Crown Prosecution Service and parliamentarians—I myself referred cases to the Attorney General and Solicitor General when I was a Back-Bench Opposition MP—thereby taking the burden off victims and their loved ones.

The Court of Appeal is less likely to increase a sentence after more time has passed, because of the double jeopardy risks of sentencing an offender twice. Particularly if enough time has passed that the offender has already completed their sentence, the Court may actually reduce an extra sentence in order to reflect that. That means that an extended time limit would have a more limited impact and, worse, it would create false hope for victims, leading them to delay requests to review and then retraumatising them, with uncertainty hanging over them for up to a year after the trial, when they are trying to move on with their lives. For that reason, it is important that sentences are certain and not subject to change for too long a period.

Let me be clear: it is imperative that we provide better and clearer communication with victims by criminal justice agencies, including in relation to how and when information is given to victims and their families about the unduly lenient sentence scheme after sentencing. We heard loud and clear from victims last week about how the lack of communication and of awareness about the scheme was one of the issues. Under the victims code, the police-run witness care units are required to tell victims about the unduly lenient sentence scheme when they provide a victim or family with information about the sentence. We have already commenced the obligation in the Victims and Prisoners Act 2024 on those who provide victims code services to comply with the code unless there is a good reason not to do so. That ensures that agencies, including the police, are held to account for providing victims and their families with the service that they should expect. Once the new victims code is in force, we will also implement the code awareness duty, placing a legal responsibility on criminal justice agencies, including the police and the CPS, to promote the victims code to the public and victims of crime and ensure that every victim and their family are aware of their rights.

Mike Wood Portrait Mike Wood
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I thank the Minister for her comments. Given those, we will not press amendment 10 to a Division today, but we reserve the right to return to it later in the process. However, we would like votes on amendments 9 and 12.

Question put, That the amendment be made.

--- Later in debate ---
Alex Davies-Jones Portrait Alex Davies-Jones
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Clause 12 is a technical measure. It would bring the maximum penalty for six triable either way offences, when dealt with summarily in a magistrates court, in line with other triable either way offences. For those six offences, the maximum penalty that a magistrates court can issue is currently specified as six months. The clause specifies that the magistrates court maximum penalty for those offences is

“the general limit in a magistrates’ court”,

which since November has been 12 months for a single either way offence. That will mean that if magistrates courts’ sentencing powers are changed again in the future, the six offences will also be subject to that change. Correcting that inconsistency will ultimately help to avoid confusion and error in sentencing relating to those six offences.

Mike Wood Portrait Mike Wood
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The clause is a sensible measure updating the sentencing provision for certain offences on summary conviction. It will replace the fixed six-month maximum term with the general limit in a magistrates court. The change affects a number of serious offences, including breaches of sexual harm prevention orders, criminal behaviour orders and restraining orders. Those are not technical breaches; they often represent a continuation of harmful, coercive or threatening conduct, and it is right that magistrates should have the greatest possible flexibility to impose sentences that reflect the seriousness and risk involved. The clause brings consistency to how the offences are treated and allows magistrates to use the full extent of the sentencing powers available to them. Although we will be watching closely to ensure that the expanded powers are used proportionately and in ways that genuinely improve public protection and victim confidence in the system, we agree that the clause is a sensible provision, and we will support it.

Question put and agreed to.

Clause 12 accordingly ordered to stand part of the Bill.

New Clause 4

Court transcripts of sentencing remarks

“(1) All sentencing remarks made in the Crown Court must be published within two sitting days of being delivered.

(2) All publications must be freely available to all members of the public.”—(Mike Wood.)

Brought up, and read the First time.

Mike Wood Portrait Mike Wood
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I beg to move, That the clause be read a Second time.

None Portrait The Chair
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With this it will be convenient to discuss

New clause 12—Access to free court transcripts for victims

“(1) Victims of criminal offences shall be entitled to receive, without charge, court transcripts of—

(a) sentencing remarks,

(b) judicial summings-up,

(c) bail decisions and conditions relevant to their case.

(2) The Secretary of State must ensure that such transcripts are provided within 14 days of a request.

(3) The duty under subsection (1) shall apply irrespective of whether the victim gave evidence in the case.”

Mike Wood Portrait Mike Wood
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The new clause seeks to address a critical gap in transparency and accessibility in our criminal justice system: the publication of sentencing remarks from the Crown court. Sentencing remarks are the moment when justice is spoken out loud; when the judge explains not only what sentence is being passed, but why. For victims, families, journalists and the public at large, the remarks are essential for understanding the rationale behind a sentence. They provide clarity, accountability, and allow the public to see that justice is being not only done, but explained. Under the current system, however, the remarks are often buried, available only on request, behind paywalls or subject to lengthy delays, and generally at significant financial cost. That feeds a sense of injustice and confusion, particularly when sentencing decisions are controversial or appear lenient. It also limits public confidence in our courts. People should not have to be legal professionals or pay fees just to access the reasoning behind a judge’s decision.

The new clause would change that. It would require that all sentencing remarks made in the Crown court be published within two sitting days and that those publications be freely accessible to the public. That is not only a matter of open justice; it is a basic democratic civil right. Open justice is not served if court processes and explanations are inaccessible to the very people they affect most directly. Victims deserve to know how their case was resolved. The public deserve to see how justice is applied in their name, and journalists deserve timely access so that the courts can be reported on accurately and fairly.

This is a modest ask with significant democratic weight: two days to publish and no barriers to access. We should expect nothing less from a modern justice system that values openness, trust, and public understanding. It ties into our earlier amendments, because these remarks would help someone understand whether they should consider a referral to the unduly lenient sentence scheme. I hope the Government will support the new clause to deliver the basic right for victims, their families and the general public.

Alex Brewer Portrait Alex Brewer (North East Hampshire) (LD)
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I rise to speak in favour of new clause 12. We agree in principle that victims should have access to the court transcripts—indeed, it has been a long-standing campaign by my hon. Friend the Member for Richmond Park (Sarah Olney). That is very important for victims, especially if they have been subject to coercive control, gaslighting or sexual abuse; victims at the end of the court process may be left questioning, “Was this my fault?” or, “Did this really happen to me?” We have heard from victims that having the transcripts gives them the peace of mind and validation that they need.

We disagree with the Opposition, however, on two fundamental points. The first is the requirement that the court transcripts be provided within two days. We think that is completely impractical, and that two weeks is much more reasonable. Secondly, we do not believe they should be made public. Many people commit crimes who have been coerced into them, or there may be retaliatory crimes; we think making court transcripts public presents an unnecessary public shaming of a criminal, whereas providing them to the victim provides closure and clarity.

Alex Davies-Jones Portrait Alex Davies-Jones
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I thank the hon. Member for Kingswinford and South Staffordshire for new clause 4, which would require transcripts of Crown court sentencing remarks to be published and made freely available to the public within two sitting days of being delivered. Introducing that provision would place a significant financial burden on the criminal justice system in a challenging fiscal context, diverting valuable resources away from the wider system, potentially including other victims services. The release of any Crown court transcript requires judicial oversight to ensure that the reporting restrictions have been adhered to and that other public interest factors have been considered. For transcripts of all sentencing remarks to be published and made freely available within two sitting days would have significant operational and resource implications.

Mike Wood Portrait Mike Wood
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Does the Minister see the irony in saying it is too onerous to produce the transcripts within 48 hours, when a verbatim transcript of the remarks she has just made will be available to the general public within a few hours?

Alex Davies-Jones Portrait Alex Davies-Jones
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With respect, it is very different. These are court documents that can be used in a court of appeal. What we say here is clarified. We email our speaking notes to Hansard. Our comments are checked. The resources are far vaster than for a Crown court in England and Wales, sadly. Therefore, it is not a fair comparison.

Those court transcripts need to be as accurate as possible and legally sound, because people’s lives hang on the line—for want of a better phrase—in terms of whether they are free to go or sentenced, and therefore it is important that they are accurate documents. This new clause would overburden a court system that is already in difficulties, thanks to what we inherited from the previous Government.

However, as I will come to in my remarks, we are looking to make progress in this area. We have extended the pilot for transcripts, and we have made that permanent for RASSO—rape and serious sexual offences—victims, because we recognise how important it is for victims to have them. We are looking at a way of doing it, but the timeframe given by this new clause is just not possible or workable under the restrictions that we currently have within our court system.

Similarly, new clause 12 would introduce a statutory entitlement to all victims of crime to request certain specified court transcripts: transcripts of sentencing remarks, judicial summings-up, bail decisions and conditions relevant to the case. As with new clause 4, providing those free of charge within 14 days of making that request would have significant cost implications and place a significant burden on the courts and the judiciary.

However, as I have said, I want to reassure members of the Committee that the Government are working to improve access on court transcripts and ensure that free provision is focused on victims who need it the most. Bereaved families of victims of murder, manslaughter and fatal road offences can request a judge’s sentencing remarks for free, and between May 2024 and 2025 the Ministry of Justice ran a one-year pilot that enabled victims of rape and sexual offences whose cases were heard at the Crown court to request a free transcript of the judge’s sentencing remarks in their case.

Victims of these offences were chosen because of the particular trauma that attending court can cause for them, resulting in a particular benefit in receiving a copy of the remarks—delivered in a sentencing hearing that they might find it difficult to attend for very understandable reasons—given the impact that those remarks can have on their recovery and in helping them to move on with their lives. Following that pilot, we are pleased to announce that victims of those offences will be able to request free transcripts on an ongoing basis. We are also exploring opportunities for the use of artificial intelligence in reducing the future cost of transcripts, and there is no doubt that the Government are taking action on this important issue.

I hope I have reassured hon. Members. I am happy to work with them, as we have with Members across the House, to ensure that we get this right, but it is important that we get this accurate, and get it right, because there is a lot at stake in providing these court transcripts. Therefore, it is important that we do it holistically, rather than just immediately, because of the impact that that could have.

Mike Wood Portrait Mike Wood
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I thank the Minister for her remarks, but it does seem that, particularly with the use of AI, as she has said, releasing an initial transcript need not be overly onerous. Obviously, after having got that initial release, the measure would allow for a definitive recording to be produced at a later time if an appeal was to be based on that. I do think that making these transcripts available is in the public interest, so we would like to press new clause 4 to a vote.

Question put, That the clause be read a Second time

--- Later in debate ---
Brought up, and read the First time.
Mike Wood Portrait Mike Wood
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I beg to move, That the clause be read a Second time.

New clause 7 calls for a review of court delays and their impact on victims to be conducted within six months of the Bill becoming law. Clearly, the impact of covid on our Crown courts in particular is still being felt within the system. Prior to covid, the Crown court backlog was actually lower than it had been under parts of the previous Labour Administration.

Due to significant investment in recovery efforts to try to address the backlog since the pandemic, including a provision for Nightingale courts and uncapped sitting days, the previous Lord Chancellor was clear that our last provisionally agreed sitting days were to be seen as a floor, not a cap. We support the calls from the Lady Chief Justice for more sitting days, and regret that the Government have only gone part of the way towards meeting the capacity that the Lady Chief Justice said was available within the court system.

Moving forward, it is important that we keep up the scrutiny to ensure that the court system is operating effectively and in the interests of victims. Delays in the court system are not just administrative; they retraumatise victims, reduce conviction rates and push people out of the justice process altogether. This review is urgent and overdue. If we are truly to put victims first, we must understand and act on the toll that these delays take. The Opposition believe that this review will help to focus efforts on reducing those delays to a minimum.

Alex Davies-Jones Portrait Alex Davies-Jones
- Hansard - - - Excerpts

New clause 7 would require the Secretary of State to assess within six months of Royal Assent the impact of court delays on victims. As the hon. Member will be aware, thanks to his previous Government, this Government inherited a record and rising court backlog. Between 2010 and 2019, the Conservative Government permanently closed more than 260 court buildings as part of a wider estate consolidation. Additionally, historical underfunding has resulted in challenges across the estate, with an estimated £1.3 billion maintenance backlog.

As of December 2024, the Crown court outstanding caseload was over 74,000 cases. Sitting levels have never been higher, but even that is not enough to keep up with the increasing backlog of cases. I recognise the human impact that this can have on victims as they navigate those delays. The recent report by the Victims’ Commissioner truly brought to life the impact of the outstanding Crown court caseload on victims, victims services and the wider criminal justice system. It is clear that more must be done, and that fundamental reform is necessary to address the court backlog.

That is why the Lord Chancellor asked Sir Brian Leveson to propose a once-in-a-generation reform. The review is aimed at achieving a more efficient criminal court system and improved timeliness and swifter justice for victims, witnesses and defendants, without jeopardising the requirement for a fair trial for all involved. The review will also consider the most appropriate and proportionate ways of dealing with cases before the courts, as well as how processes through charge to conviction or acquittal could be improved to maximise efficiency. We expect the review of the report on options for long-term reform in the coming weeks and findings on court efficiency in autumn 2025.

--- Later in debate ---
I hope that I have reassured hon. Members that, through Sir Brian’s independent review on criminal courts, we will have an assessment on exactly what action needs to be taken to reduce the delays and pave the way forward to reform. I therefore urge the hon. Member for Kingswinford and South Staffordshire to withdraw the new clause.
Mike Wood Portrait Mike Wood
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We support the work that Sir Brian is doing, but do not feel that the new clause would contradict or otherwise impede that work. We also do not think that we ought to wait for the conclusions of Sir Brian’s work before acting. For now, we will leave the new clause as a probing amendment, but we may return to it at a future stage. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 8

Victim personal statements

“(1) The Secretary of State shall, within six months of the passing of this Act, issue revised guidance on the content of victim personal statements.

(2) The revised guidance issued under subsection (1) must stipulate that when making a victim personal statement, a victim shall be able to say anything they wish about the defendant, provided it is not contrary to any statutory limitations on free speech, makes allegations of untried criminal conduct or is disorderly language.

(3) The court must disregard any prejudicial comments made during a victim personal statement.”—(Mike Wood.)

This new clause would require the Secretary of State to review how to make victim personal statements less restrictive and clarify what can be included.

Brought up, and read the First time.

Mike Wood Portrait Mike Wood
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I beg to move, That the clause be read a Second time.

The new clause addresses the rules on victim personal statements, about which we heard much in the evidence sessions. There is clearly a desperate need for reform to allow victims to properly and accurately communicate the impact that crimes have had on them. Our new clause introduces a right to be heard for those victims and for families making victim personal statements. We heard appalling stories of traumatised family members, such as Becky and Glenn Youens and Jeremy and Susan Everard, who were told that, no, they could not say what they wanted—they could not say anything derogatory about the guilty offender.

Victim personal statements are not appropriate platforms for gratuitous abuse, but the focus needs to be on allowing the voice of victims, rather than worrying too much about the hurt feelings of the convicted offender. The new clause would ensure that victims can speak freely with the most minimal restrictions possible. We can fairly ask the judge to consider what can and cannot be taken into account for sentencing rather than removing or censoring everything in advance. It is time that we uphold the voices of victims and provide them with the platform and the dignity that they deserve.

Alex Davies-Jones Portrait Alex Davies-Jones
- Hansard - - - Excerpts

I thank the hon. Member for new clause 8, which would require the Secretary of State to issue revised guidance on victim personal statements to change the legal position on what they can include. First, let me say that I recognise that victim personal statements are a powerful tool for victims and their families to have their voices heard, and give them the opportunity to tell the court about the impact that a crime has had on them.

The victim personal statement is also important for the court’s sentencing decision. It provides evidence to assist the court in determining the seriousness of the offending as part of a sentencing process. It is right that victims have the opportunity to be part of that. However, it is also right that that be done fairly, which means that the usual rules of evidence must apply.

The hon. Member should be assured that I have heard from victims and their families on their concerns about their experience of the personal statement process. I have already committed to those families that I will look into the matter further. However, his drive to bolster the victim’s voice risks weakening the role that it can play in a sentencing process.

On a practical point, I do not believe the new clause will achieve the desired effect. The criminal practice directions provide the legal basis for a victim personal statement in the context of sentencing. Criminal practice directions are issued by judges, not Ministers. The legal position is then reflected in publicly available guidance. The Secretary of State for Justice is not responsible for any of that guidance, nor have they previously issued any such guidance.

Changing this guidance or issuing new guidance will not change the legal position as set out in the criminal practice directions. That is why I urge the hon. Member to withdraw the new clause, and to work with me to better understand victims’ experience of victim personal statements and how these issues might actually be addressed in a courtroom, while ensuring that the criminal justice system operates safely and fairly for all.

Mike Wood Portrait Mike Wood
- Hansard - -

I thank the Minister for her response. This is an extremely important matter that needs to be dealt with in this legislation. I think she said that she wishes to proceed with something that broadly achieves our aims, but which addresses her concerns about the drafting. If she will undertake to work with the shadow Minister, my hon. Friend the Member for Bexhill and Battle, before Report to find a form of drafting that satisfies the new clause’s objectives without what she clearly sees as defects in its proposed wording, we would obviously be happy to work with her and not press the new clause for now. Hopefully, we will have something that we can agree to on Report. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 10

Sentencing guidelines on court fines

“Within 18 months of this Act receiving Royal Assent, the Sentencing Council must revise relevant sentencing guidelines so that the court must award compensation to a victim to the value of items stolen when imposing compensation for the offence of theft, burglary, fraud, or any other crime that has resulted in a financial loss to the victim.”—(Mike Wood.)

This new clause would require the Sentencing Council to revise sentencing guidelines so that a court must impose compensation commensurate to the value of stolen items when issuing fines.

Brought up, and read the First time.

Mike Wood Portrait Mike Wood
- Hansard - -

I beg to move, That the clause be read a Second time.

The new clause seeks to correct a long-standing imbalance in the way in which financial justice is delivered to victims of theft, fraud, burglary and similar offences. It does so by requiring the Sentencing Council to revise its guidelines within 18 months of Royal Assent so that courts must impose compensation that reflects the actual financial loss suffered by the victim. Right now, victims of crime are far too often left bearing the financial burden of the offence, while the offender, even when convicted, is handed a compensation order that does not even begin to redress the damage that has been done, either directly or indirectly.

The result is an insult added to injury. Offenders walk away with a light financial consequence, while victims are left out of pocket and out of luck due to the crimes committed by others. The new clause would shift that balance, not punitively but justly. It would make it a duty, not a possibility, for sentencing to account for what was actually taken or lost. This is not an unfamiliar concept. Courts already have the power to impose compensation orders, but the inconsistency and infrequency with which they do so undermines public confidence in the system. Let us be clear: all the ordinary processes remain in place for pursuing outstanding payments, but why should we not recognise what is actually owed? If someone has a change of circumstance, it may well be that they could quite readily pay what they owe.

Most importantly, this is about victims. It is about restoring faith in the idea that when someone suffers a loss through crime, the justice system stands behind them—not just symbolically but materially by seeking, as far as possible, to provide restitution. The new clause proposes the straightforward but meaningful step of revising the sentencing guidelines so that, where there is a proven loss, it must be reflected in compensation. That is not just fair; it is the very least that victims should be able to expect. I urge the Committee to support the new clause.

Alex Davies-Jones Portrait Alex Davies-Jones
- Hansard - - - Excerpts

New clause 10, tabled by the hon. Member for Bexhill and Battle, would require the Sentencing Council to revise its sentencing guidelines so that courts must award compensation to victims to the value of the items stolen when imposing compensation for the offences of theft, burglary, fraud or any other crime that has resulted in a loss to the victim. I have considered the proposed new clause, but I do not consider it helpful in view of the current legislative position, which I will briefly explain.

Courts can impose a compensation order to require an offender to make financial reparations to the victim for any personal injury, loss or damage resulting from the offence. This includes any financial loss sustained as a result of items stolen in cases of theft, burglary, fraud or any other crime resulting in financial loss. Compensation may be ordered for such amount as the court considers appropriate, having regard to any evidence and representations made by the offender or prosecutor. There is no limit on the value of the single compensation order handed down to an adult offender.

The court must also consider the financial circumstances of the offender, in so far as they are known, to ensure they have sufficient means to pay. To do otherwise would create a pointless system of chasing down money that people are unable to pay, causing a cycle of unnecessary harm and emotional distress to victims.

The Sentencing Council has already issued explanatory information on compensation, which outlines these matters to aid sentencers when considering or issuing compensation orders. The proposed new clause, tabled by the hon. Member for Bexhill and Battle, would limit the flexibility of sentences by mandating through sentencing guidelines that compensation must be awarded to the value of the items stolen. The Government are satisfied that the current process allows courts to strike an appropriate balance between seeking reparation for the harm caused to victims and knowing that it is actually enforceable so that victims are not left waiting for unrealistic debts to be paid to them. I therefore urge the hon. Member for Kingswinford and South Staffordshire to withdraw the proposed new clause.

Mike Wood Portrait Mike Wood
- Hansard - -

I thank the Minister for her comments, but there is an imbalance in the system. Whereas convicted offenders may appeal against a sentence, victims do not have a similar ability to appeal against a failure to award full compensation. The new clause ought to be the presumptive starting point for compensation. Full compensation should usually be awarded, so we will press this matter to a vote.

Question put, That the clause be read a Second time.

--- Later in debate ---
Brought up, and read the First time.
Mike Wood Portrait Mike Wood
- Hansard - -

I beg to move, That the clause be read a Second time.

This new clause seeks to close a loophole in the recovery of unpaid court fines. At present, the Limitation Act 1980 imposes a six-year time limit on recovering debts, including fines handed down by the Crown court. Criminal fines are not ordinary civil debts. They are the product of judicial sanction, often imposed in response to serious offences, and reflect the principle that individuals must be held accountable for their actions through the justice system. The new clause would ensure that Crown court fines do not simply expire with time. It would give the Secretary of State the power to pursue unpaid fines without restriction, sending a clear message that justice delayed must not become justice denied. For victims and communities, the payment of court-ordered fines is about not only financial restitution, but accountability and the credibility of our criminal justice system. The Victims’ Commissioner, Baroness Newlove, has long identified this as an opportunity to secure funding, and we all know the tight constraints on expenditure.

--- Later in debate ---
Alex Davies-Jones Portrait Alex Davies-Jones
- Hansard - - - Excerpts

The new clause implies that there is a time limit on the Government’s ability to enforce unpaid fines imposed by the Crown court, and seeks to remove it. I reassure all hon. Members that this is not the case. There is no such limitation on the ability of the criminal courts or His Majesty’s Courts and Tribunals Service to enforce unpaid fines.

We take the recovery and enforcement of fines very seriously, and we are fully committed to ensuring that financial penalties are paid. HMCTS has robust methods in place for doing so, including taking money from a defendant’s benefits and salary, and seizing and selling goods. Courts also have powers to send offenders to prison for non-payment of fines and other monetary orders. The new clause also seeks to empower the Secretary of State to initiate proceedings to recover unpaid fines. However, civil enforcement mechanisms such as charging orders and bankruptcy are already available, and other well-established enforcement options, including deduction from earnings and benefits, are already in place.

Some offenders will do everything in their power to evade payment. They will move home or provide a false address, and there are processes in place to track them down using tracing tools and any legal routes for securing information gathered by other Government Departments and agencies. Bailiffs can be instructed to collect unpaid sums, and we have just launched a consultation on bailiff regulation, including a 5% uplift in fees to support early-stage recovery. We are also investing in the replacement of outdated IT systems to further improve the efficiency of enforcement arrangements.

I support the intention behind the new clause. It is, of course, essential that fines imposed by the Crown court are collected and enforced. There is no time limit on our ability to enforce fines that remain unpaid, and for good reason. Prolific offenders can rack up substantial fines, which they may pay back through deduction orders or other enforcement orders over many months or years. Offenders may be serving time in prison for other offences, which means that any fines that remain payable during that period will not be enforced until they are released.

We carefully monitor performance on the enforcement of fines. In 2023-24, HMCTS collected over £671 million in financial penalties, of which £10 million was for offences committed before 2017. We rigorously pursue money owed, no matter how old the debt. On average, by the time a financial penalty is five years old, 80% of the total imposition will have been collected. The actions we are taking will further improve performance in this area. For those reasons, we urge the hon. Member for Kingswinford and South Staffordshire to withdraw the new clause.

Mike Wood Portrait Mike Wood
- Hansard - -

Given the Minister’s comments, we are content not to press the new clause to a Division at this time. Again, we may return to it at a future stage. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 15

Duty to collect and publish data upon sentencing

“(1) At the time of passing a sentence by a judge or magistrate the relevant court must provide to HM Courts and Tribunals Service (‘HMCTS’) the following information regarding the sentence passed—

(a) offence type,

(b) sentence length,

(c) such information about the sentenced individual as the Secretary of State sees fit, which must include—

(i) nationality,

(ii) method of entry to the United Kingdom,

(iii) visa route,

(iv) visa status,

(v) asylum status, and

(vi) country of birth.

(2) HMCTS must collect and collate the information on the basis set out in subsection (1) on sentences passed in the courts.

(3) Once every three months, the Secretary of State must publish statistics based on the information collected by HMCTS under subsection (2).”—(Mike Wood.)

Brought up, and read the First time.

Mike Wood Portrait Mike Wood
- Hansard - -

I beg to move, That the clause be read a Second time.

The new clause was tabled in the name of the shadow Secretary of State for Justice, my right hon. Friend the Member for Newark (Robert Jenrick). It would introduce a new statutory duty for courts to provide structured data on sentencing outcomes, including key information about individuals’ immigration status.

Transparency on crime is critical not only for building public trust in our justice system but for ensuring that we have the right tools in place to understand and respond to the realities of criminal offending. The new clause would create a clear, accountable framework for collecting and publishing sentencing data that sits at the intersection of the criminal justice and immigration systems. By requiring His Majesty’s Courts and Tribunals Service to gather and publish that data quarterly, we would enable policymakers to detect patterns, assess outcomes and develop evidence-based responses. Crucially, it would also strengthen the ability of immigration enforcement to make fair, informed decisions on removals, deportations or protections—decisions that must balance public safety with legal and humanitarian obligations.

Ultimately, the public have a right to this level of transparency. For too long, assumptions have filled the void left by incomplete data. The new clause would replace speculation with facts, and in doing so it would promote more informed policy, more effective enforcement and greater public confidence. I commend it to the Committee.

Alex Davies-Jones Portrait Alex Davies-Jones
- Hansard - - - Excerpts

I recognise the importance of transparency when publishing data on foreign national offenders. The hon. Member will know that we inherited our current data collection and publication system from the previous Government. It is interesting that the Conservatives are now keen to make changes, after 14 years in office in which they could have done it themselves.

The Lord Chancellor has been clear. This is important to her and we are reviewing what we collect and publish, and should we decide it needs to change, we will of course enact that. More broadly, we are working to strengthen data collection at court, and we are exploring how we can improve the sharing of immigration status data across the criminal justice system.

We are committed to continually developing the data we publish. We already publish data on the number of self-declared foreign nationals in prison and under probation supervision, and we publish detailed ethnicity data of those prosecuted in court. Recording such data for everyone convicted and sentenced in court, including those for lower-level convictions—those that result in a fine, for example—would represent an additional burden on an already stretched system, but it would also inevitably give rise to a substantial data quality risk.

Courts have no mechanism to verify or validate information provided, nor do they have any mechanism to compel such provision in the first place. The new clause would impose an obligation without any consideration of the infrastructure necessary to deliver it. For those reasons, we are unable to accept the new clause, but we will continue to look at what more we can do to improve the accessibility of information relating to foreign national offenders.

Foreign nationals who commit crime should be in no doubt that the law will be enforced, and that we will work with the Home Office to pursue their deportation. It is worth noting that, since 5 July 2024, more foreign offenders have been returned than in the same period 12 months before under the previous Government. For all the Conservatives’ rhetoric, it is this Government who are getting on with the job.

Mike Wood Portrait Mike Wood
- Hansard - -

Given the Minister’s disappointing response, we will wish to have a fuller debate on Report. I do not intend to press the new clause to a vote now, but we will almost certainly do so at a later stage. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

Clause 13

Power to make consequential provision

Question proposed, That the clause stand part of the Bill.

None Portrait The Chair
- Hansard -

With this it will be convenient to discuss clauses 14 to 16 stand part.

Alex Davies-Jones Portrait Alex Davies-Jones
- Hansard - - - Excerpts

It is customary at this stage in proceedings to say a few words to mark the end of our deliberations in Committee. I welcome that the measures in this Bill command a substantial degree of cross-party support, and I am pleased that the Bill has had the benefit of rigorous scrutiny by members on both sides of the Committee.

I thank the Opposition Front-Bench team, including the hon. Member for Bexhill and Battle—I wish him well in his recovery—for their careful consideration. I pay tribute to all hon. Members who have served so diligently on the Committee and made such thoughtful, valuable and powerful contributions.

I thank you, Dr Murrison, and your co-Chair, Mr Stringer, for keeping us in very good order. I also thank the Government Whip, my hon. Friend the Member for Chester North and Neston. I thank the Clerks and the MOJ officials, particularly Rachel Bennion, Zara Bernard and Hayley Newell, for all of their work. I thank the Hansard Reporters and the Doorkeepers, and I look forward to the debate on Report, which I am sure we will come to soon.

Mike Wood Portrait Mike Wood
- Hansard - -

On behalf of the Opposition, I thank all the Clerks, officials, Doorkeepers and Hansard Reporters. I also thank you, Dr Murrison, and Mr Stringer for your work on this Committee.

There is much that is very positive in this Bill, which is why His Majesty’s official Opposition are pleased to support it. Obviously, there are various points on which we think the Government could and should go further, and we will seek to make the Bill even better on Report. For now, I thank all members of the Committee for their contributions over the past week. I look forward to returning to this debate on Report.

Question put and agreed to.

Bill, as amended, accordingly to be reported.

Mike Wood Portrait Mike Wood (Kingswinford and South Staffordshire) (Con)
- View Speech - Hansard - -

Thank you, Madam Deputy Speaker, for calling me to speak for the first time on this Bill; I did not vote on Second Reading in November.

In her opening speech this morning, the hon. Member for Spen Valley (Kim Leadbeater) said that we could choose to vote with our heads or with our hearts, and I have been grappling with that tension and conflict over the past few months. I am afraid that I cannot agree with the Chair of the Justice Committee, the hon. Member for Hammersmith and Chiswick (Andy Slaughter), that the Bill is stronger now than it was on Second Reading.

My sympathy for the principle of assisted dying is as strong as it ever was. The idea of facing a painful death or, worse, watching a loved one in pain at the end of their life frightens me. But if there is one thing that frightens me more than that—that terrifies me—it is the idea that someone I love might choose to accelerate their death imagining it to be one last act of kindness for those of us who care so deeply for them, and take away the opportunity for one last birthday together, one last Christmas shared, or even for something as simple as a picnic.

Shockat Adam Portrait Shockat Adam (Leicester South) (Ind)
- Hansard - - - Excerpts

The hon. Gentleman is making a powerful point. Can he foresee a circumstance in which a child with anorexia turns 18, decides to get assisted dying, and the first time the family hear about it is after they have died?

Mike Wood Portrait Mike Wood
- Hansard - -

I am afraid that as the father of a 17-year-old daughter, I can identify with that question a bit too directly—although I should add that she does not suffer with anorexia. Of course, it would terrify any parent that that could ever happen.

Daisy Cooper Portrait Daisy Cooper
- Hansard - - - Excerpts

On that point, will the hon. Gentleman give way?

Mike Wood Portrait Mike Wood
- Hansard - -

No, I must continue—the hon. Lady has intervened multiple times.

The promoter of the Bill, the hon. Member for Spen Valley, has done well with some of the safeguards around coercion, but the arguments around coercion as we normally understand them from a legal point of view miss the point. We are talking not about where someone with improper aims and motives sets out to cause someone to take a course of action that they would not otherwise take but something much more subliminal. It may be the wish to avoid being a burden, or reading too much into the doctor’s suggestion when they raised assisted death as something to consider.

A few years ago I was seriously ill; at my most ill, the doctors said that I had a 90% chance of dying within weeks. When I regained consciousness, there was nothing that the doctors suggested to me that I argued over, whether it was a test, an angiogram or any other procedure. In my circumstances, if I had been in a position where assisted dying was a possibility, and the doctor had raised it entirely neutrally, I do not know how I would have interpreted it.

Some Members have spoken of placing a high value on life as if it is some preoccupation of the religiously obsessed. I am a Christian; I am a very middle-of-the-road Anglican. Although I do not take my faith lightly, my Church has never told me how to vote on an issue, and it will certainly not tell me how to vote on this one. I do appreciate, particularly with my own experience, that life is precious. But one does not need to believe in an omniscient and omnipresent God to hold the view that life is precious and that we should take measures to shorten it only very carefully.

As I said at the start, I do not believe that the Bill has got better. There are serious concerns about it. I genuinely do not know whether it is possible to put in adequate safeguards to ensure that assisted dying can be available for the cases where we would like to see it, but that would safeguard those difficult cases—the ones that the Mother of the House, the right hon. Member for Hackney North and Stoke Newington (Ms Abbott), spoke so powerfully about in her very impressive and meaningful speech. What I do know is that if there is a way, this Bill does not do it. That is why I will be voting against it.

Victims and Courts Bill (Third sitting)

Mike Wood Excerpts
Mike Wood Portrait Mike Wood (Kingswinford and South Staffordshire) (Con)
- Hansard - -

Does my hon. Friend agree that people wishing for further clarification of the phrase “grossly disproportionate force” might be advised to consider the guidance on the matter issued by the Crown Prosecution Service?

Kieran Mullan Portrait Dr Mullan
- Hansard - - - Excerpts

Absolutely. It surprises me that Members think it is a novel concept when it has been on the statute book for quite some time.

We want to ensure that the individuals tasked with using force to bring offenders to court have the legal protections they need in order to act with confidence. We do not want offenders to think that all they must do is attempt to resist violently in order to escape the outcome sought by the families who have campaigned for a change in the law.

Although the notions of additional time to serve and prison sanctions may change behaviour in some cases, we must reflect on the sort of people we are dealing with and the sentences they serve. We should expect a willingness to offer violence from the sort of person who will barge into a family home and shoot into it without any thought to the family in it, as the perpetrator who killed Olivia Pratt-Korbel did. Do we really think that a man who is willing to violently murder three people with a crossbow, and who is never getting out of prison, would be particularly perturbed by not being able to go to the gym or watch TV? These are the sorts of people we are dealing with, and if we do not make physically forcing attendance our main goal, the Bill risks failing in its aims.

Some victims and families might prefer that someone gets punished if they do not attend, but what many of them will really want is attendance. Our amendment would make it more likely that we achieve that. I urge Members who do not want to look back on a missed opportunity, which will lead to offenders again and again not attending hearings, irrespective of the measures in the Bill, to support the amendment.

It is one thing to bring an offender to court, but we have to consider how they will behave. Amendment 23 would give judges the power to restrain or gag disruptive offenders in the courtroom rather than remove them entirely. Crucially, if a judge is minded not to issue such an order but instead to remove the offender, the amendment provides that they must consult the victim or their family. If offenders learn that all they need to do if they are dragged into court is scream and shout and disrupt proceedings, what do Members think is really going to happen? Is the sort of man who brutally murders two women and stores them in the freezer, as the killer of Jan Mustafa and Henriett Szucs did, and knows that a long sentence awaits him really going to be impacted by a short addition to his custody time?

--- Later in debate ---
Alex Davies-Jones Portrait Alex Davies-Jones
- Hansard - - - Excerpts

We need to remember that for a criminal case to have been brought, the child or another party will have made an allegation of serious sexual abuse committed against that child, and that will have been followed by criminal proceedings and an initial guilty verdict. The relationship between the child and the accused parent may have completely broken down during that process. When the family court reviews the case, the judge will undertake a holistic review of all the circumstances, including the acquittal, before deciding what is in the best interests of the child.

We must also remember that the prohibited steps order does not form part of the sentence when it is made by the Crown court. The order is not part of the punishment, or an additional punishment, for an offender; it is a tool to protect children who have been the victims of a dreadful crime, and their families. Even where the individual is acquitted—I have huge sympathy for those who are found innocent and acquitted—it is likely that the case will have gone through lengthy proceedings, and complex family dynamics will be involved. We must keep in mind the overarching aim of protecting children and doing what is best for them. That is why the order will not be automatically discharged following a successful appeal.

I think it is important that if there is a successful appeal, there is a clearly defined process during which the best interests of the children involved are considered, which is why we have put that measure in place. We understand that following a successful appeal, it is important that decisions about a prohibited steps order are made quickly. That is why the process already included in clause 3 requires the local authority to make the application within 30 days of the acquittal. By placing the duty to make the application on the local authority, we are reducing the burden on the families involved, at what will already be a difficult and potentially traumatic time. Moving the proceedings to the family court centres deliberations in the correct forum. The family court will consider whether varying, discharging or, indeed, upholding the order will be in the best interests of the children involved, which I am sure we can agree is what we all want.

Mike Wood Portrait Mike Wood
- Hansard - -

I am struggling to understand either the legal or the ethical distinction that says that someone who is acquitted at trial should be in a fundamentally different position from someone who is acquitted following an appeal and has their conviction overturned. Surely the practical results should be the same. In every other part of the criminal justice process that I have encountered, they are.

Alex Davies-Jones Portrait Alex Davies-Jones
- Hansard - - - Excerpts

That goes to the heart of why we have kept these measures as niche and tight as possible—because they are quite novel. We are restricting parental responsibility where an offender has been found guilty in a Crown court, with a jury and a judge, of any sexual offence against their own child for which they will be sentenced to four years or more in prison. That is incredibly traumatic for the child and family involved. The person will have already been found guilty. This is not similar to cases in which someone is acquitted and a prohibited steps order can be removed immediately. We have to consider the impact on the child. These are offences that the perpetrator will have been found guilty of, in a court of law, against their own child.

Mike Wood Portrait Mike Wood
- Hansard - -

As the Minister will be aware, where the Court of Appeal overturns a criminal conviction for a serious offence such as this, it will generally be because there was a serious flaw in the original trial that has left it invalid. Even in those circumstances, the Court of Appeal may grant a retrial rather than overturning the conviction. I understand the point the Minister is making about the trauma to the family and child, but would that not apply equally to someone who is acquitted at the original trial, in which case should the court not also be considering it in the event of a not guilty verdict? I really am struggling to understand why a conviction being overturned on appeal is substantively different from a not guilty verdict.

Draft Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Domestic Abuse) (Miscellaneous Amendments) Order 2025

Mike Wood Excerpts
Tuesday 22nd April 2025

(2 months, 1 week ago)

General Committees
Read Full debate Read Hansard Text Read Debate Ministerial Extracts
Mike Wood Portrait Mike Wood (Kingswinford and South Staffordshire) (Con)
- Hansard - -

It is a pleasure to serve under your chairmanship this evening, Sir Desmond. Legal aid plays a critical role in our justice system, particularly for the most vulnerable in society. Access to that legal advice and representation can be a lifeline for individuals facing incredibly difficult circumstances, and those who have experienced domestic abuse are often in particular need of such support. That is why any changes to the legal aid framework in this area warrant careful consideration.

It is clear that a significant number of the changes in this draft order will help legal aid provision to keep pace with the evolving legal landscape. The alignment of terminology—moving from “domestic violence” to “domestic abuse” and from “financial abuse” to “economic abuse,” for example—is a necessary step to reflect the broader understanding of the multifaceted nature of abuse, consistent with the landmark Domestic Abuse Act. That modernisation of language is not merely semantic; it will help to make sure that a wider range of behaviours, and their impact, are properly recognised within the legal aid system, so it has our support.

The amendments relating to immigration legal aid for victims of domestic abuse also warrant careful attention. The inclusion of those applying for leave to remain under the updated appendix to the immigration rules is a change that addresses a specific vulnerability. Individuals whose immigration status is tied to an abusive partner are in a precarious position. We support these changes, although we will closely monitor how they are implemented.

We agree that the changes to the evidential requirements in private family law cases, allowing medical evidence from registered overseas health professionals, are a pragmatic step. Survivors of abuse may have sought medical attention outside the UK, and it is sensible and right that such evidence should be considered in legal aid applications. People who are fleeing abuse should not be inadvertently disadvantaged in accessing legal aid.

The amendments concerning domestic abuse protection notices and domestic abuse protection orders represent a further stage in the integration of these relatively new protective measures into the legal aid framework. DAPNs and DAPOs were introduced to provide more streamlined and effective protection for victims of domestic abuse.

The previous Government introduced statutory instruments in 2023 and 2024 to amend legislation to provide access to legal aid for both victims and respondents, where appropriate. This draft order makes further amendments so that the appropriate type of legal aid—civil or criminal—is available to those who are party to DAPO proceedings, and for those subject to DAPNs. It is right that victims and, where appropriate, respondents in such proceedings should both have access to legal representation to ensure fair and just outcomes.

We will be particularly interested in the effects of these changes, which we support in principle. We particularly note the Government’s ongoing evaluation of the DAPN and DAPO pilot, which was launched on 27 November 2024 in the locations that the Minister mentioned, and how the legal aid provisions interact with the findings of that review.

I understand that no formal consultation was undertaken specifically for this draft order, as the Government view these as technical amendments aligning with existing policy and legislation. While we understand the rationale, we reiterate the importance of ongoing dialogue with stakeholders, including legal aid providers and those representing victims of domestic abuse, to ensure that the practical implementation of these changes is smooth and effective.

The commitment from the Ministry of Justice and the Legal Aid Agency to monitor the impact of these amendments on the legal aid scheme is important to ensure the transparency and adequate functioning of the legal aid system. The impact assessment accompanying this instrument provides a degree of insight into the anticipated costs and effects of these changes, and we note the estimated increase in the legal aid fund related to the expansion of immigration legal aid, and the assessment that other amendments are unlikely to result in a substantial increase in applications. We will monitor that closely, and we call on the Government to similarly keep these assessments under regular review, as the changes take effect.

While we acknowledge the Government’s stated aims and the technical nature of many of these amendments, we also recognise the profound impact that legal aid has on the lives of vulnerable individuals. Ensuring that the system is accessible to those who genuinely need it, is up to date and reflects the realities faced by victims of domestic abuse is a shared objective. On the basis of the information provided and the commitment to ongoing monitoring and review, we will not divide the Committee on today’s order.

Sentencing Guidelines (Pre-sentence Reports) Bill

Mike Wood Excerpts
Mike Wood Portrait Mike Wood (Kingswinford and South Staffordshire) (Con)
- View Speech - Hansard - -

Equality before the law is at the heart of the rule of law. As the great Roman statesman Cicero said:

“For rights that were not open to all alike would be no rights.”

The revised guidelines from the Sentencing Council fundamentally went against that important principle. To introduce a presumption that pre-sentence reports would be required not necessarily because of a particular vulnerability of offenders or circumstances related to their offences, but because of the colour of their skin, the region of their ancestors’ origin or the religious beliefs that they held is two-tier justice, no matter how laudable the intentions. This is not about Court of Appeal judgments such as Thompson, which the Lord Chancellor referred to, and it is not about factors that could fundamentally change the effect of a particular judicial sentences on an offender, or factors relating directly to the circumstances of the offence. This is purely about those characteristics.

My right hon. Friend the shadow Lord Chancellor did a huge service to not only this House but our country when he raised this matter from the Dispatch Box on 5 March, because it was clear that the Lord Chancellor was completely blindsided. Neither she nor her Ministers knew anything about the proposals. In fairness to the right hon. Lady, who is not in her seat at the moment, I am sure that she was as appalled as we were at the idea that people should be treated differently purely because of their ethnicity, culture or religion. But this is a lacklustre Bill, which does the minimum needed to clear up the immediate mess of this Government’s making. [Interruption.] As I said, it does the minimum necessary. It is better than nothing—it is a very small step in the right direction—but it does not go as far as the Government should to introduce the reforms that are needed.

The right hon. Lady had been Lord Chancellor for eight months, but she had so little grip of her Department that she not only did nothing to stop the Sentencing Council’s new guidelines, but was not even aware of them. Her representative had met the Sentencing Council just two days earlier. What were they doing at the Sentencing Council, if they were not there to stop such proposals? How is the right hon. Lady running her Department, if she was not even informed of the new guidelines?

The proposals had changed during the process. The Lord Chancellor, unlike me and the Business Secretary, has actually been a practising lawyer. She will understand that there is a substantial difference between saying that a pre-sentence report may be particularly important, and stating, as a requirement, that such a report will normally be considered necessary, given the effect that statement has, and the triggers for appeals against sentences. Those changes were made almost at the point when the right hon. Lady became Lord Chancellor, yet eight months later, she had done nothing to stop them and was not even aware of them.

This Bill stops only the narrowest and worst aspects of the guidelines from applying. If the Government were actually serious about taking action, they could have done so much more quickly. They did not even need to take action; an omission would have been sufficient. On 28 March, when my right hon. Friend the shadow Lord Chancellor brought forward his private Member’s Bill, all the Government Whips had to do was not shout “Object” in order for it to go forward. It would have restored proper ministerial oversight and, through the Minister, parliamentary oversight over sentencing guidelines. That would have allowed Parliament to take control of this fundamental matter.

James Wild Portrait James Wild
- Hansard - - - Excerpts

My hon. Friend is right; the issue is not just these guidelines. In the last Parliament, we legislated to increase the maximum sentence for causing death by dangerous driving to life imprisonment, after an offender killed three members of my constituent’s family and was given a sentence of only 10 and a half years. Does my hon. Friend agree that we need a broader power, so that where Parliament’s intent is not recognised by the Sentencing Council, we can act?

Mike Wood Portrait Mike Wood
- Hansard - -

Clearly, Parliament needs to have oversight of revisions to sentencing guidelines, so that they reflect the will of Parliament.

The Government failed to act and have now brought forward this lacklustre measure. In the past few months, my hon. and right hon. Friends have uncovered multiple instances of two-tier principles being applied to bail, probation and other judicial matters. This is not a one-off, or a whistleblowing “fix it and move on” situation; it is systemic and endemic. We need much more radical reform than the Government are bringing forward today.

Sarah Russell Portrait Mrs Russell
- Hansard - - - Excerpts

Will the hon. Gentleman give way?

Mike Wood Portrait Mike Wood
- Hansard - -

I have to wrap up. When will the Government get serious, get a grip and put an end to this, once and for all?

Police, Crime, Sentencing and Courts Bill

Mike Wood Excerpts
Paula Barker Portrait Paula Barker (Liverpool, Wavertree) (Lab)
- Hansard - - - Excerpts

Ever since I entered this place, not one Bill has occupied as much space in my inbox as this one, and I am sure that many Government Members have been similarly inundated with messages from their constituents. Many of my constituents are horrified, disturbed and frankly suspicious of this Government’s attempt to severely suppress the right to protest. Some of those who are getting in contact with me have never attended a protest, but like me, they are absolutely committed to preserving and protecting our fundamental rights. These constituents are currently watching the autocratic President Putin on their TV screens arresting hundreds of his own people for peacefully protesting and demonstrating against his country’s barbaric assault on Ukraine.

The Conservative party of the 21st century has shed all illusions of being a party that is committed to conserving, protecting and defending our liberal democracy and, indeed, of being a party that is committed to the liberalism that I had assumed was a key tenet of its ideology. Thankfully, the other place has rejected a string of proposals that would have given the police in England and Wales increased powers, including the power to stop and search anyone at a protest without suspicion. Even many Conservative peers did not support the Government’s proposals.

Sadly, however, the likes of clause 55 still exist in the Bill. Make no mistake, the noise clause is a crack-down on dissent. It provides more tools in the establishment’s armoury. It is authoritarian and draconian. The clause effectively ends the right to protest as we know it and provides yet another example of this virtue-signalling Government—

Mike Wood Portrait Mike Wood (Dudley South) (Con)
- Hansard - -

Will the hon. Lady give way?

Paula Barker Portrait Paula Barker
- Hansard - - - Excerpts

I am sorry; I will not, because the hon. Member has just come in, and lots of Opposition Members wish to speak and have been here since the start of the debate.

The clause is yet another example of this Government giving extra powers to the police that they have neither asked for nor do they need. I have long given up appealing to Government Members to do the right thing. Rather, it is best that we just tell them that they are doing the wrong thing, and they will be doing the wrong thing if the Bill passes. Hundreds of solidarity protesters gathered on Downing Street at the weekend to express support and solidarity to Ukraine and her people. Those sentiments have been expressed right across the House. The protesters were noisy, and they were loud. Are this Government telling me and everyone else in the Chamber today that they would shut them up next time? What a sorry state of affairs.

Solihull Police Station: Proposed Closure

Mike Wood Excerpts
Tuesday 11th January 2022

(3 years, 5 months ago)

Commons Chamber
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Julian Knight Portrait Julian Knight
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I concur with my right hon. Friend. The royal town of Sutton Coldfield has been in the trenches with me over the last few years following this disgraceful attack on our constituents, which is completely unnecessary for the reasons I will now outline.

I accept it is easy to speak against a police station closure, so I hope Members will allow me to outline what I believe to be the legitimate reasons why Solihull police station must remain open. First, it primarily serves the south of Solihull borough, which includes my constituency and some of the villages in the constituency of my hon. Friend the Member for Meriden, including Dickens Heath, Dorridge, Knowle and Hampton in Arden. We are talking about a population of around 127,000 residents. The fact that an area with such a dense population is going to lose its only operational police base is nothing less than a scandal and a travesty.

It is also important to remember that in 2015 the previous Labour police and crime commissioner closed Shirley police station. My hon. Friend the Member for Stourbridge (Suzanne Webb) and I were told that, magically, there would be a police presence, and what has happened? Absolutely zilch.

Mike Wood Portrait Mike Wood (Dudley South) (Con)
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My hon. Friend has alluded to the previous police and crime commissioner closing various police stations in Dudley borough, including Stourbridge, Kingswinford and Netherton among others. When he announced that Brierley Hill police station would be closing in the next two or three years to open a new police station in Dudley town centre, moving our only remaining police station from the centre of the borough to the far corner of the borough, he promised that a meaningful police presence would remain in Brierley Hill town centre. Does my hon. Friend agree that it needs to be a proper police station with officers operating out of it, not just a locker and an office?

Julian Knight Portrait Julian Knight
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I completely concur with my hon. Friend, and we are in a similar situation. Frankly, cars will have to come from Tally Ho and Coventry, which is far too long a response time for my constituents.

In response to my constituents’ rightful frustrations, the police and crime commissioner stated in his estate review that

“locations for public contact offices in Solihull and Sutton will continue to be explored”.

That is very big of him. There is absolutely no commitment to give Solihull a public contact office. A number of questions have been raised as to what a public contact office really means. Reference has been made to it merely being a desk in a library with someone wearing a bit of hi-vis. For 127,000 people a desk in a library, 9 to 3, hi-vis—that is it, done. It is absolutely ridiculous, a travesty and a disgrace.

How can I honestly encourage my constituents to report crime, particularly crime of a personal and sensitive nature, to a police desk in the middle of a public space that is open only at certain hours and where they do not know precisely to whom they are speaking? What if one of my constituents suffering from physical and emotional abuse does not, for whatever reason, have access to a telephone and wants to seek refuge in a secure policing environment? That will now not be available anywhere in my large town.

As my constituent Mr Thompson of Compton Close—not the other Mr Thompson—put it brilliantly:

“We have already suffered the closure of the Shirley police station. It’s clear this next step is unacceptable to all Silhillians. Solihull residents deserve more than the muted ‘desk’ to take concerns. We deserve and should expect a local Police station with officers to respond directly to our needs.”

The police and crime commissioner tries to defend this cruel decision to close Solihull police station by using the usual line from the Opposition Benches, which are empty tonight, that West Midlands police has suffered from cuts and austerity. In a press release, he stated that once again—

“a decade of reckless Government cuts.”

Home Office data on direct money shows that from 2018-19 to 2021-22 it has gone up from £442 million to £694 million—an uplift of £250 million in four years. So, in light of the substantial increase in direct subsidies from the Home Office, straight into the PCC’s office, we have to ask ourselves why on earth he has decided to put forward plans to permanently close our police stations, when funding is proportionally higher than it was many years ago.

I would also draw the House’s attention to the fact that, as a result of more Government funding to the Labour police and crime commissioner, West Midlands police has managed to recruit hundreds of new police officers. Indeed, it admits in a statement that since the general election, this Conservative Government have managed to recruit 867 police officers across the west midlands. With the hundreds of additional police officers on the beat across the west midlands, particularly in Solihull, the PCC clearly forgets that we need adequate space to house those new officers. By closing Solihull police stations and those of my hon. Friends, and other stations across the west midlands, the PCC is drastically reducing the size of the constabulary’s estate just as the police force is growing, which means fewer desks, less officers and a reduction in the number of cells.

I am sure hon. Members know just how often we are contacted by our constituents about the levels of crime in our areas. I am contacted daily by constituents about the concern that exists about the substantial rise in crime across Solihull, which has been going on for many years. In particular the fear of violent crime, knife crime and burglary is a real concern to my residents. In December 2019 we had the murder of 21-year-old Jack Donoghue outside Popworld; he was simply enjoying a night out.

Lockdown has created difficulties in assessing crime statistics. However, despite our not having the full crime statistics for 2020-21, I can confirm to the House that of those that are already reported, 666 individual cases of violent crime have been reported in Solihull in the last year alone. That is already a massive increase on the data for 2020, when we had 574 such incidents. Undoubtedly, West Midlands police has a reputation—a very unwelcome reputation—for suffering large-scale knife crimes. What is the answer, I ask? Well, the answer of this police and crime commissioner is first to stop stop and search; that is a great way to stop knife crime. And the other one is to close our police stations, despite the huge uplift in moneys that come, not only from the precept, but from central Government.

My constituents deserve better. They deserve permanent policing. Theirs is a large town, a vibrant town, a town with many older residents who need the safety and protection that is the very basic that we all ask for ourselves and our society.

It is no secret that I have always been sceptical about the role of police and crime commissioner. In the financial year 2019-20—and who can blame him, frankly—the West Midlands PCC’s office spent £437,000 on salaries for the PCC, his deputies and the senior statutory officers alone, money that I believe should instead be spent on frontline national policing.

To conclude, if we are not going to get rid of the role of police and crime commissioner—and I would be absolutely delighted if we did—we have to fold it into the role of the Mayor of the West Midlands, someone who actually knows what he is doing and is not an ideologue, and does not think that the cure for knife crime is less stop and search.

Stop and Search: West Midlands

Mike Wood Excerpts
Wednesday 17th November 2021

(3 years, 7 months ago)

Westminster Hall
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Jack Dromey Portrait Jack Dromey (Birmingham, Erdington) (Lab)
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On 31 May this year, a fine young man, Dea-John, was hunted down and knifed to death on the streets of Kingstanding. The following day, I met his distraught mother, and the weekend following, I was with thousands of others both to celebrate his life and to bring the community together in opposition to the rising threat of knife crime.

Only today, the police are carrying out a major operation—a knife search, as they call it—in the Finchley Park area. I regularly talk and work with our local police service on how they use stop and search on the one hand, and on initiatives such as knife arches in a number of local secondary schools, on the other. There is no question but that stop and search remains essential to effective policing, acting as a valuable tool in combating pervasive, violent crime and keeping our communities safe as a consequence. The key is that the use of stop and search has to be appropriate. The need for the police to carry communities with them remains paramount. Historically, that has not always been the case, which has damaged police-community relations. Stop and search remains, however, an important tool in our armoury, with the caveat that its successful application requires ongoing dialogue with communities. I am pleased that the West Midlands police and crime commissioner has made clear commitments to that end.

Although I welcome the fact that the hon. Member for West Bromwich East (Nicola Richards) has secured the debate, I disagree with her interpretation of what the police and crime commissioner said. There has also been no mention thus far of the single biggest problem facing the police service, to which I will return. The police and crime commissioner has given no direction to the chief constable to reduce or scale back stop and search. It has been suggested in some quarters that he has, but that is simply not true.

Mike Wood Portrait Mike Wood (Dudley South) (Con)
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How does the hon. Gentleman interpret the parts of the police and crime commissioner’s plan where he quotes reports that say that stop and search does little or nothing to tackle crime, and where he says that the measure of whether “reasonable grounds” have been met should be whether at least 50% of stop and searches result in further action?

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Jack Dromey Portrait Jack Dromey
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There are two things. First, on stop and search, it would happen in exactly the way I have said—I have quoted the police and crime commissioner’s own words and I have heard him say it personally. It is about the vigorous but appropriate use of stop and search—getting it right; avoiding counterproductive outcomes. Secondly, he cannot put right all the wrongs of the past era since 1997, but he is committed to recruiting an additional 450 police officers, which I welcome.

Mike Wood Portrait Mike Wood
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Why does the hon. Member think that Labour police and crime commissioners in the west midlands have seen rapid increases in the recorded crime rate over the past 12 months, where Labour police and crime commissioners and Mayors in other urban areas, such as Merseyside and Greater Manchester, have seen falls during the pandemic? Why is the west midlands different?

Jack Dromey Portrait Jack Dromey
- Hansard - - - Excerpts

The size of the cuts that have been made to the police service is one answer to that. Can I throw a question back? If it is right, as is undoubtedly the case, that the police service has been starved of the necessary resources—and what the Government are proposing will still leave us 1,000 short in the west midlands—why do Government Members not join us to speak with one voice and say to the Government, “Back our police service; invest in our police service. We want to see a return to 2010, and an end to an era where the public have been put at risk as a consequence of those cuts.”? I throw that question back.

It is right for the hon. Member for West Bromwich East to bring this debate. Are we simply going to focus on a crucial issue, and then have no regard to the cost and consequences to the police service of being starved of the necessary resources, and all that has flowed from that? That cannot be the case. Hon. Members must make up their minds, because we will probably have the police grant settlement before Christmas. We need to stand together to influence the Government. Would any hon. Member like to respond to that? Why not unite with Labour colleagues to put the safety and security of the people of the west midlands first?

Mike Wood Portrait Mike Wood
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I certainly welcome the hon. Gentleman’s appeal to put partisan political point scoring to one side. He may remember that back in the distant days of January 2016, we had a similar debate in this very Chamber—I was sitting here, and he was sitting nearby as shadow Policing Minister—at a time when the previous Labour police and crime commissioner for the west midlands had asked us all to come together on a cross-party basis to support a £5 increase in the police precept for the west midlands. I did so, and my hon. Friend the Member for Solihull (Julian Knight) also did so. Can the hon. Gentleman remember how he briefed the local media after Conservative Members had supported the Labour police and crime commissioner’s increase in the precept?

Jack Dromey Portrait Jack Dromey
- Hansard - - - Excerpts

Correct me if I am wrong, but was there universal support from Tory colleagues at that point in time? No, there was not. Were there some truly honourable hon. Members who took a stand in support of proper funding of the police? Yes, there were, and I welcome that.

I say this one final time: all Government Members are going to have to make their mind up. The case for additional resources and a reversal of the cuts of the past 10 or 15 years is overwhelming, and the consequences being felt by our communities are likewise overwhelming. Therefore, we need to stand together and say to the Government that we badly need additional investment of resources in our police service, not least because the first duty of any Government is the safety and security of their citizens. The Government often talk tough on crime, but the reality is sadly the opposite. Our priority must be to return the police service in the west midlands to 2010 levels.

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Mike Wood Portrait Mike Wood (Dudley South) (Con)
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Thank you, Ms Rees. I shall be very brief.

My father was a constable with West Midlands police for 29 years and was stationed for much of that time in the constituency of the hon. Member for Birmingham, Perry Barr (Mr Mahmood), working in Aston, Handsworth and some challenging parts of the city at a particularly challenging time in the late ’70s and early ’80s. An awful lot has changed about policing since he retired, but it is still the case that stop and search remains a vital tool for combating the scourge of serious violence and keeping people safe. We do not need to hear politicians saying that. The public know that that is common sense. The police know it to be true. Deputy Chief Constable Adrian Hanstock, the National Police Chiefs’ Council lead for stop and search, said:

“The authority to stop and search people in appropriate circumstances is a necessary power that allows police officers to tackle violence in our communities and prevent people from becoming victims of crime. Every day officers across the country seize horrifying weapons and are preventing further injuries and deaths by using their search powers.”

My hon. Friend the Member for West Bromwich East (Nicola Richards) referred to parts of the police and crime commissioner’s crime plan for 2021 to 2025. The commissioner is right in one regard: stop and search is clearly an intrusive process. However, on the scale of interventions open to the police, it is very much at the lesser end of intrusion. Given its impact on both individuals who are stopped and searched and on perceptions of policing and fairness in the wider community, we must ensure that the powers are used appropriately, as the deputy chief constable said.

Certain individuals or groups of individuals should not be repeatedly targeted and stopped such that it almost becomes harassment. However, I fear that the language used by the police and crime commissioner in his plan sends out a signal to the many hard-working constables and officers in our communities across the west midlands, and to our neighbourhood policing teams in particular, that they should be extremely nervous of stop and search and use it only if they have almost seen a person carry a knife around a town centre—they need such a high level of certainty.

The commissioner writes in the plan:

“If searches are based on a reasonable suspicion of finding something or some other action following, then at least half would need to generate a positive outcome. This is not the case.”

That 50% positive searches test is not generally shared by practising barristers or criminal solicitors, and it is certainly not shared by the majority of police officers, yet by putting that in his formal plan for the police force area, he introduces such a note of caution that, in circumstances where an officer has good grounds to believe that an individual may be carrying an offensive weapon in one of our streets, town centres, communities or pubs, they are more likely to avoid stopping and searching than to carry out a stop and search. Even if there were positive results in only 20% of cases, that could be a significant amount of harm avoided and, indeed, lives not lost.

Proportionality is central to how appropriate the measures are. Inevitably, as the deputy commissioner of the Metropolitan police force, Sir Stephen House, said, if such powers are being used properly and in the areas with high crime rates, certain groups are far more likely to be stopped and searched than if people were being stopped and searched in St James’s park—the outer edges of the police force area—and the same applies in the west midlands. We know that parts of the region have far higher levels of crime and that, if we took a random sample in those areas, we would find that on a demographic, ethnicity or socioeconomic level, certain groups would be likely to be stopped more often than if a similar exercise were done on the streets of Pedmore in Dudley, or perhaps in parts of Meriden. We must ensure that these powers are not being used discriminatorily. We have to ensure that our police are comfortable and confident in exercising these powers when they are needed—when they feel that they have good and solid reasons to think that an individual may be carrying a weapon. We have also to ensure that police will have people’s backing, and that they will have the backing of decision makers and politicians. Sadly, some sections of the police and crime commissioner’s plan damage that confidence. They threaten to make our region less safe. I hope that he will reconsider and edit his plan.

Jack Dromey Portrait Jack Dromey
- Hansard - - - Excerpts

On that last point about making the region less safe, the simple fact is that, as the police service’s resources have substantially diminished, crime has risen. Will the hon. Gentleman therefore be joining fellow Tory colleagues and Labour colleagues to make strong representations to Government to reverse the cuts that have been made to our police service since 2010?

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Mike Wood Portrait Mike Wood
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The hon. Gentleman will be aware that I have a long history of pushing Ministers, of arguing in private and indeed in this Chamber, for greater funding and for changes in the funding formula to benefit West Midlands police. I shall continue to do so; I know that a number of my colleagues will continue to do so. However, I would remind him—I think that it probably slipped his mind—that five years ago, he, I think as a shadow Minister, attacked me and my hon. Friend the Member for Solihull (Julian Knight) for calling for council tax hikes because we were backing the police and crime commissioner’s call for a £5 increase in the policing precept.

We need a good level of funding. We have had increased funding in the west midlands. The number of officers in the west midlands is increasing. The previous West Midlands police and crime commissioner failed to translate that into safer streets and communities. I genuinely wish the new commissioner well; we need him to succeed, and we need him to improve policing and safety in our region. However, I fear that he is making the same mistakes as his predecessor. Our constituents deserve better.

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Holly Lynch Portrait Holly Lynch (Halifax) (Lab)
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It is a pleasure as always to serve under you as Chair this afternoon, Ms Rees. It is also a pleasure to follow what I thought was a brilliant speech from my hon. Friend the Member for Birmingham, Selly Oak (Steve McCabe). I thank the hon. Member for West Bromwich East (Nicola Richards) for securing this debate. She made some really important points about the value of stop and search and, like her, I am taking part in a Zoom scrutiny panel about stop and search at 5 pm. Those meetings bring local officers together with members of our communities, and play a very important role. I share the hon. Lady’s sentiment that long may that continue.

The hon. Lady and others are also right to send our thanks to the frontline officers who have to take the decisions around stop and search in real time, out on our streets. We should never lose sight of that. In facing someone who may be carrying an offensive weapon, officers very much put themselves at risk, and we pay tribute to them for their service. Like the hon. Member for Dudley South (Mike Wood), my father is a retired police sergeant. I also have an uncle who is still serving on the frontline, so I am thinking of them and the support they need from us as they go about the work in our communities.

To be absolutely clear, Labour supports evidence-based and intelligence-based stop and search. I very much recognise that it can save lives. When stop and search is guided by those principles, it is a vital tool in halting acts of violent crime and in building trusted, consensus- led policing that is supported and trusted by all local communities.

The commissioner’s new police and crime plan, which we have heard so much about today, notes that only 25% to 30% of searches in the west midlands area resulted in any policing outcomes, which include cautions, arrests, drugs found and weapons seized. In only 3% of all searches did officers find an offensive weapon. Moreover, a freedom of information request released by West Midlands police this year showed that, of those stopped and searched per 1,000 of population, about 11 were black, eight of Asian heritage and three white.

The duty of any police and crime commissioner is to consider those statistics and to ask what the figures tell us about how stop and search is being used. Is it proportionate? Is it effective? Is it correct and is it prudent to assess whether the reasonable grounds threshold is being met in connection with the searches that take place?

In the commissioner’s new police and crime plan, he laid out three targets to make stop and search more effective. West Midlands police will aim, as we have discussed, to increase: the positive outcome rates for reasonable grounds stops and searches to no less than 50%; the proportion of reasonable grounds stops and searches where an offensive weapon is the object of the search; and the number of weapons found.

Despite what has been suggested, the commissioner has no plans to scale back stop and search, nor does he wish to abandon it entirely. Instead, he is thinking to create a more efficient policy. An effective policy will focus on taking more weapons off our streets, while we build in the community policing that became so difficult thanks to 10 years of austerity under this Government.

The commissioner is taking those steps because, in his constabulary and across the UK, the Government have made stop and search a less effective and trusted tool. The beating crime plan released by the Government in July 2021 permanently relaxed conditions for the use of section 60 stop-and-search powers, under which officers may search someone without reasonable grounds in some circumstances. That dismantled the best use of stop-and-search scheme, introduced by the then Home Secretary, the right hon. Member for Maidenhead (Mrs May), in 2014, which introduced evidence and intelligence-based stop and search.

The hon. Member for West Bromwich East noted the increase in crime in her constituency and across the region. In the West Midlands police force area, crime is up. Specifically, instances of violence against the person and crimes recorded involving the possession of weapons rose from 111,934 in the year ending December 2020 to 137,549 in the year ending June 2021, according to the Office for National Statistics. Those are indeed somewhat shocking figures, and I appreciate the hon. Member’s efforts to raise the issue with the Minister today. The fact is, however, we are seeing increases in violent crime across the country.

In Cleveland, we saw an increase from 24,359 instances of violence against the person and crimes recorded involving the possession of weapons, to 25,360 in the year ending June 2021. The area covered by Cleveland police was the second worst place in the UK for knife crime in the year ending March 2021. According to the Office for National Statistics, proportionate to the population, the force area experienced more crimes involving bladed weapons than Greater Manchester police or London’s Metropolitan police. Between April 2020 and March 2021, 122 incidents of knife crime were recorded per 100,000 of the population. Indeed, only the West Midlands police recorded more, at 156.

More generally, the Office for National Statistics reported that between April 2009 and March 2010, 13 per 1,000 people were victims of violence against the person; and between July 2020 and June 2021, 32 people per 1,000 were victims of violence against the person. I am sure that all hon. Members will recognise that those increases are serious and I know that the hon. Member for West Bromwich East’s police and crime commissioner is keen to engage with her and all hon. Members about how we drive forward the effectiveness of the stop-and-search approach in order to address the systemic factors that have caused such a marked increase in crime, in not only the west midlands, but so many areas of the country.

Since 2010, West Midlands police has lost 2,221 of its officers as a consequence of the Government’s cuts, and we have lost 21,000 police officers nationally, as so many Members have said. The force is due to receive 1,200 back over the coming years, leaving West Midlands police with more than 1,000 missing officers. Since first coming to power in 2010, the Government have reduced the nationwide police budget by £1.6 billion in real terms. Since 2010, West Midlands police has lost spending power of £175 million.

I am afraid to say that the Conservatives’ negligent underfunding of our police forces means that the country is experiencing record levels of knife crime and that nearly nine in 10 cases are going unsolved, which has contributed to the stark increase in crime in the west midlands. There has been no levelling up when it comes to the West Midlands police and instead we have left our communities less safe.

Can the Minister update the House on when the long-overdue revised police funding formula might be ready? I understand that Simon Foster, the police and crime commissioner, recently wrote to all the region’s MPs on a cross-party basis to ask for a fair deal for West Midlands police. I hope that all hon. Members, as other hon. Members have said, will join his plea in that letter to the Government.

Mike Wood Portrait Mike Wood
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As the hon. Lady said, there has been an increase in crime in the west midlands. For violence with injury, the number of offences in the west midlands was up 10% on the previous year. In her own police force area, it was down 5% on the previous year. What does she think that her police force is doing better than West Midlands police?

Courts and Tribunals: Recovery

Mike Wood Excerpts
Thursday 3rd December 2020

(4 years, 6 months ago)

Commons Chamber
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Robert Buckland Portrait Robert Buckland
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The hon. Lady will know that, in some instances, we have been able to do that. There are other instances where the buildings are no longer in the control or ownership of HMCTS, and some of them, having been looked at, were not in the right sort of condition to be used—hence the fact that we have been wide ranging in our approach to Nightingale courts, which we will be scaling up as part of phase 3. I am looking at over 60 courtrooms that can be developed across the country. The important point she makes is about technology. I can assure her that, during this crisis, cloud video technology has already been rolled out to every courtroom, and it is making a real difference to the lives of victims and witnesses. If there are local issues in Calderdale, I would be more than happy to talk to her about them in order to address any particular issues in her constituency.

Mike Wood Portrait Mike Wood (Dudley South) (Con)
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The effective operation of our magistrates courts is at the centre of our criminal justice system. What progress has my right hon. and learned Friend made in bringing down the number of outstanding cases, and what further action is he taking to bring it down even further?

Robert Buckland Portrait Robert Buckland
- Hansard - - - Excerpts

My hon. Friend is right to talk about the central importance of the magistrates courts. They are the first port of call with regard to all criminal cases. I am glad to tell him that since August the overall number of cases being dealt with has exceeded the number of cases coming into the courts, and we are working on the basis that we can return to pre-covid levels in the spring to middle of next year. That is remarkable progress, and I very much hope and believe that it will be maintained.

Prisons (Substance Testing) Bill

Mike Wood Excerpts
2nd reading & 2nd reading: House of Commons
Friday 16th October 2020

(4 years, 8 months ago)

Commons Chamber
Read Full debate Prisons (Substance Testing) Act 2021 View all Prisons (Substance Testing) Act 2021 Debates Read Hansard Text Read Debate Ministerial Extracts
Mike Wood Portrait Mike Wood (Dudley South) (Con)
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We send people to prison for punishment, for public protection, and for rehabilitation. The availability and use of illegal drugs and psychoactive substances undermines all three goals. The possession and use of these substances is a specific criminal offence under a number of pieces of legislation. However, it is only possible for prisons and young offender institutes to test people for those substances if they are specifically named substances within the legislation. That clearly needs to change. It is probably optimistic to imagine, as my hon. Friend the Member for Aylesbury (Rob Butler) suggested, that any legislation may put us a step ahead of the criminals and those who bring substances into prisons, but at the very least, this Bill can make sure that the authorities are able to remain on the same lap as those who would bring these dangerous drugs into our prisons.

It is far too easy for the producers and the suppliers of drugs and psychoactive substances who, with minimal changes to the composition of those substances, can rebrand to stay outside the provisions of existing legislation. Parliament legislated four years ago for the broad generic definitions of psychoactive substances under the Psychoactive Substances Act 2016. This Bill would bring that definition into the provisions on testing for drugs in prisons. To that extent, it is a huge step forward, and I congratulate both my right hon. Friend the Member for Chesham and Amersham (Dame Cheryl Gillan) and my hon. Friend the Member for North West Durham (Mr Holden) on bringing this Bill forward. It will help to make our prisons safer. It will help them to continue their important work to rehabilitate and reform prisoners, and it has my complete support.