Criminal Justice

Nicholas Dakin Excerpts

Wednesday 25th June 2025 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Sir Nicholas Dakin)]

I start by thanking the Chair of the Justice Committee, my hon. Friend the Member for Hammersmith and Chiswick (Andy Slaughter), for his opening remarks and for securing this important debate, and I thank everybody else who has contributed so thoughtfully. I echo his words in paying tribute to everybody who works in the criminal justice system. They do an amazing job to maintain public protection, which is so important. I support the words of the Opposition spokesman, the hon. Member for Bexhill and Battle (Dr Mullan), in highlighting the role that people who have formerly been in the armed forces play in our criminal justice system. There is much for us to agree on.

One of the things we know is that Labour has always been tough on crime and tough on the causes of crime. I will give three facts to evidence that. In 13 years of Labour Government, we added 27,830 prison places. In 14 years of Conservative Government, they added 500 net prison places. So far under this Government, we have already added some 2,500 prison places. The figures speak for themselves.

We want a criminal justice system that works for everyone. That is what my hon. Friend the Member for Bournemouth East (Tom Hayes) said, and I think everyone in the House would agree. Last summer, our prisons were operating at over 99% capacity. Just days after taking office, we had no choice but to take emergency measures to avoid running out of space altogether. Had we not acted, the result would have been catastrophic. Our courts would have ground to a halt and the police would have been forced to halt arrests. In short, we would have faced a total breakdown of law and order.

We were left in that parlous position because the previous Government, despite all their promises and fine words, delivered only those 500 additional prison places in 14 years. At the same time, sentence lengths rose exponentially. As a result, the prison population is now rising by 3,000 each year. This Government take our duty to protect the public seriously, and that is why we are taking the robust, bold action needed to bring an end to this cycle of crisis, ensuing that the British public are never again put at risk by the failure to have enough prison places.

We are committed to bearing down on the outstanding caseload in the courts, which a number of Members have alluded to, and delivering swifter justice for victims, but we acknowledge the significant challenge facing the Crown court. As part of the spending review settlement, we agreed with the Treasury that we will fund record investment for the courts system by 2028-29, keeping sitting days at record highs over that period. We have 110,000 sitting days in the Crown court just this year.

We recognise, however, that that is not enough given the scale of the challenge we inherited. Even with record levels of Crown court funding and our plans for record numbers of sitting days, the backlog will continue to grow without substantial reform of our criminal courts. That is why the Lord Chancellor has commissioned an independent review of the criminal courts, led by Sir Brian Leveson, one of our most distinguished judges, to consider the options for longer-term reform, as well as reviewing the efficiency and timeliness of court processes through charge to case completion. I hope that that review will report shortly. We will also fund capacity to speed up the processing of asylum appeals, supporting the Government’s priority to reduce illegal and irregular migration.

Legal aid is a vital part of the justice system, as we have heard from colleagues from across the House. It underpins our plans to build a justice system that works fairly for all parties. In December, we announced that criminal legal aid solicitors will receive up to £92 million more a year to help address the ongoing challenges in the criminal justice system and get justice for victims. Following that, in January we began consulting over a £20 million uplift to civil legal aid fees for lawyers working in the immigration and asylum and housing and debt sectors.

I pay tribute to my hon. Friend the Member for Liverpool Riverside (Kim Johnson), who spoke about the importance of forensic science in addressing miscarriages of justice, as well as prison maintenance issues. We are failing victims if courts cannot deliver swift justice. Prisons run out of places entirely, and crime goes without punishment. My hon. Friend the Member for Colchester (Pam Cox) spoke about that in her contribution. It would have damaging consequences for the criminal justice system if that happened. That is why we are taking the steps to rebuild a justice system that works and that victims can have confidence in.

We are looking at imposing tougher exclusion zones that limit the movement of offenders, instead of limiting the movement of victims, and we are continuing the provision of free sentencing remarks to victims of rape and serious sexual offences. Our reforms will include continuing to expand our application of electronic monitoring to perpetrators of violence against women and girls, and the use of specialist domestic abuse courts, with trained staff to support victims and more co-ordinated management of perpetrators. We will continue to fund services supporting victims and witnesses. The Liberal Democrat spokesman, the hon. Member for Eastbourne (Josh Babarinde), made some eloquent contributions on that issue, which I heard clearly, and I thank him for that. We are creating a new domestic abuse flag at sentencing, so that domestic abusers are known to the Prison and Probation Service and their victims are better protected.

Since taking office, we have opened 2,400 prison places. Between 2024-25 and 2029-30, the Government are providing £7 billion to deliver the commitment to build 14,000 new prison places by 2031. That is the largest expansion since the Victorian era.

[Sir Ashley Fox]

During my speech I asked the Minister how much of the extra money allocated to his Department would be spent on higher wage rises, higher national insurance charges and inflation. I am just giving him a chance to respond before he finishes his own speech.

--- Later in debate ---

[Sir Nicholas Dakin]

As the hon. Gentleman will understand, the budget is being applied and worked through in an appropriate way, but the figures I have just given are the figures on which we will deliver, so he can be confident about that.

While this investment is necessary, it is not sufficient on its own, so to address these challenges and ensure that our prisons create better citizens, not better criminals, the Lord Chancellor commissioned the independent sentencing review, chaired by the right hon. David Gauke. As the Lord Chancellor announced in May following David Gauke’s findings, we will be introducing an earned progression model based on a three-part sentence. On this model, offenders’ release points will be determined by their behaviour. If they follow prison rules, they will earn earlier release; if they do not, they will be locked up for longer. However, that will not be true for all offenders. For those currently serving extended determinate sentences with an automatic release point of 67%—it is different for people with earlier releases; we will leave that as it is.

In the second part of the progression model, offenders will enter a period of intensive supervision. That will see more offenders tagged and under close supervision by the Probation Service. The supervision will be tailored according to each offender’s risk and crime type, and bolstered beyond the current system with a set of new restrictive measures and a major ramp-up in tagging and probation investment. In the third part, offenders will be monitored in the community by the Probation Service, and can be returned to prison if they breach their conditions.

Alongside the progression model, we are also taking forward the recommendations to introduce a presumption to suspend short sentences. We will be investing in this model and intensive supervision by significantly increasing our probation funding through the spending review settlement. I welcomed the comments of my hon. Friend the Member for Amber Valley (Linsey Farnsworth), and also what was said about the contribution of third sector organisations by my hon. Friends the Members for Bournemouth East (Tom Hayes) and for Rugby (John Slinger). Our additional investment will increase up to £700 million by 2028-29, allowing us to increase substantially the number of offenders on tags and to ensure investment in services that address the drivers of offending.

[Tessa Munt]

Following the Leveson report, will there be capacity for more funding for his recommendations?

[Sir Nicholas Dakin]

We await the Leveson report, and when it arrives the Lord Chancellor will update the House. Matters such as that will be rightly dealt with then.

On efficiencies, the spending review has given the Department a settlement, and the Department will ensure that it is good value for money by applying all the appropriate methods.

This Government inherited a system that was creaking under pressure, having suffered chronic underfunding for 14 years. The Justice Committee rightly pointed out that by 2016-17 the day-to-day budget of the Department had fallen by a third in real terms from its peak in 2007-08. That is why we are delivering the ambitious, once-in-a-generation reform of the justice system that the country needs, with public safety at its core.