Sentencing Bill

Debate between Monica Harding and Zöe Franklin

Committee of the whole House
Tuesday 21st October 2025 Commons Chamber

[Zöe Franklin (Guildford) (LD)]

Justice must be capable of learning from its mistakes. When the law evolves, it must reach back for those left behind. That is the principle behind new clauses 22 and 23, which I tabled.

The new clauses would create a fair route for people still serving sentences under laws that have since been abolished or where the legal basis has materially changed. They would allow courts to review such cases so that punishment reflects the law as it stands today, not as it stood decades ago. At present, there is no clear mechanism for that to happen. Even when Parliament or the courts have recognised that a law was wrong, those affected have no way to benefit. Our system can acknowledge injustice, but it cannot yet fix it. We see that most clearly in the case of Alex Henry, whose sister is my constituent. She has campaigned tirelessly on this issue, and she and Alex’s mum are in the Gallery today.

Some 11 years ago, Alex was convicted of murder after a 40-second altercation. He did not wield the weapon; he threw a phone and one punch, then ran. He was convicted under the now discredited doctrine of joint enterprise, which allowed juries to convict if a defendant merely foresaw what someone else might do. Two years later, the Supreme Court ruled that that interpretation had been wrong for more than 30 years. Foresight is not enough for guilt—intent must be present—yet Alex remains in prison, serving a life sentence with a minimum term of 19 years for a crime that he would not have been convicted of under today’s law.

[Monica Harding]

Alex’s mother, Sally, is a constituent of mine in Esher and Walton. She shared Alex’s story in one of my surgeries, so I am very pleased that his story is being considered today in Parliament. The new clauses put forward by my hon. Friend will help to ensure that people such as Alex have a route to justice. Sally is battling on behalf of her son against a law that is obsolete. All of us can only imagine how heartbreaking and frustrating that is and the unfairness of what my hon. Friend has described. I urge Members across the Committee to support the new clauses so that there is a course to justice.

[Zöe Franklin]

This is indeed a highly significant issue, which is why I have put forward the new clauses.

Since his conviction, Alex has been diagnosed with autism, a condition that fundamentally affects how he perceives and reacts to social situations. That diagnosis raises serious questions about whether it was even fair to suggest that he could have foreseen a friend’s violent act, let alone intended it. Alex’s story is not unique. Many others—overwhelmingly young men, disproportionately from minority ethnic backgrounds—remain imprisoned under a doctrine that our highest court has disowned.

I recognise today Joint Enterprise Not Guilty by Association—JENGbA—whose members have worked tirelessly for more than a decade to support families and campaign for reform. Many of them, and the families of those affected, are also here in the Gallery. I place on record my gratitude for their courage and persistence in seeking justice. I also thank the hon. Member for Liverpool Riverside (Kim Johnson) for her support this afternoon.

New clause 22 would allow people still serving sentences under laws that have materially changed to apply for a review. It would give courts discretion to resentence in line with the law as it now stands or to make any other order necessary in the interests of justice. This is not about reopening every case or granting automatic releases; it is about restoring fairness. New clause 23 would complement that by requiring the Secretary of State for Justice to review and report to Parliament on how changes in criminal law affect existing convictions and sentences. It would ensure that when the law evolves, we look back and ask what the changes mean for the people already affected. This is not just a moral necessity, but a practical one.

We face a severe crisis in our prisons, which are overcrowded, understaffed and at breaking point. It makes no sense to fill cells with people serving sentences under laws that no longer reflect justice, while those who genuinely threaten public safety wait for space. We need prison places for those who are truly dangerous, not for those who were simply in the wrong place at the wrong time under the wrong law. The Secretary of State for Justice has long recognised the injustice of joint enterprise. In 2021, he called it “shoddy law”, “outdated” and “backward”, and pledged to change it. Families across the country, including many in the Gallery, remember that promise; today’s Bill gives the Secretary of State and the Government the chance to make good on it.

The new clauses provide a practical, proportionate and fair way to ensure that our justice system can correct itself when the law gets it wrong. As such, my ask today is for the Secretary of State and the Government to champion these clauses from the Government Benches. Work with me and campaigners to refine the detail if needed, but do not let the principle fall away, because the strength of our justice system lies not in its perfection, but in its capacity to put right its own mistakes. For Alex Henry, for the families in the Gallery today, and for everyone who is still serving a sentence under a law that our courts have already rejected, I urge all Members on both sides of the Committee and the Government to support new clauses 22 and 23.