Criminal Justice System: Capacity
Debate between Nusrat Ghani and Shabana Mahmood(1 month ago)
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The Lord Chancellor and Secretary of State for Justice (Shabana Mahmood)
With permission, Madam Deputy Speaker, I will make a statement on capacity in the criminal justice system. When this Government came to power, we inherited prisons on the brink of disaster, moments from total collapse. Had that happened, the consequences would have been apocalyptic: courts would have been forced to cancel all trials, the police would have been barred from making arrests, and we would have faced the total breakdown of law and order.
The last Government knew what had to be done. My predecessor, the former Lord Chancellor, begged his Prime Minister to act, but rather than have the bravery to do so, the now Leader of the Opposition chose to call an election instead. As a result, it fell to this Government to take the necessary but difficult action. While they say that to govern is to choose, my predecessors left me with no choice at all.
On 18 July, just two weeks into the job, I announced to this House that we had been forced to bring forward the release dates of some prisoners serving standard determinate sentences from 50% of time served in prison to 40%, serving the rest on their sentence on licence in the community. Make no mistake: the action we took prevented the immediate collapse of law and order in our country, but with our prison population still rising fast, there is more that we must do to address the capacity challenges our prisons face, and our task now is to ensure that a crisis like the one we inherited can never happen again.
Today, I can set out a measure that will begin to address a specific and acute cause of our prisons capacity crisis: the remand population. As this House will know, prisoners on remand are in our jails but have not yet been tried or sentenced. Because of the historical backlog in our Crown courts—another element of the woeful inheritance my predecessors handed to me—the remand population in prisons has soared. Today, it stands at a record 17,000, which is nearly one in every five prisoners. As some Members will know, remand prisoners are an especially acute problem as they are placed in so-called reception or category B prisons. Until they are tried and sentenced, they cannot be moved elsewhere in the estate. It is in our reception prisons that we face the most acute capacity pressure in the country. Unless we address our remand population, we could still see a collapse of the system, not because of a lack of cells, but because we do not have those cells in the places we need them. It is therefore crucial that we bear down on the remand population.
Magistrates courts have sentencing powers for only up to six months’ imprisonment for a single triable either-way offence, and only the Crown court can hand down sentences beyond that. Between May 2022 and March 2023, the previous Government chose to extend magistrates court sentencing powers to 12 months. This enabled magistrates courts to retain more sentencing hearings and meant that they were heard more quickly. It also freed up capacity in the Crown court to hear more complex cases. However, magistrates’ sentencing powers were then reduced back to six months when, having failed to address the capacity crisis in our prisons, the pressure on prison places became too great.
This Government have now acted to relieve that pressure, so I can announce that we will extend magistrates’ sentencing powers back to 12 months’ imprisonment. On 28 October, I will lay a statutory instrument to that effect, which will come into force on 18 November this year. This change does not increase the maximum sentence for specific offences, and nor does it change the length of sentence that a defendant will serve. Instead, it expands which courts can hand down sentences of six to 12 months’ imprisonment for a single triable either-way offence. It will enable the system to make more use of magistrates, who are an integral part of our court system, delivering justice swiftly across the country.
This measure will also allow us to begin to address the remand problem in our prisons, but it will do more than that. This Government inherited a record Crown court backlog. Waits for trials have grown so long that some cases are not heard for years. The impact on victims of crime is profound. For some, justice delayed is, as the old saying goes, justice denied, as victims choose to withdraw from the justice process altogether rather than face the pain of a protracted legal battle. By extending magistrates’ powers, we will be able to make progress on addressing the Crown court backlog, and we will free the Crown court to take on more of the cases that only it can hear. This measure is expected to free up an equivalent of 2,000 sitting days within the Crown court each year, which will add capacity on top of the additional 500 sitting days that this Government funded on taking office.
This measure will, in total, see a slight increase in the overall prison population, but by bearing down on the remand population in our reception prisons, we will create capacity where we need it most. This measure allows us to manage our prison population smartly, and it means we can both address our prisons crisis and tackle the courts backlog.
When this Government came to power, we inherited a justice system in crisis. We took immediate action to avert a total breakdown of law and order. We are now beginning the work of ensuring that this country never faces this crisis again. There will be more that we must do. In the coming weeks, I will return to the House and set out our long-term plan for the justice system, but these new powers for magistrates mark an important step. They help us alleviate the capacity pressures caused by the historical remand population that we inherited, and begin to address the record Crown court backlog that my predecessors handed to me. In so doing, for victims across the country they will make justice swifter, and ensure that more criminals receive the punishment that they deserve. I commend this statement to the House.
Shabana Mahmood
It is almost as if the shadow Lord Chancellor was not, in fact, a Minister in the Ministry of Justice just a few short months ago. Let me remind him of a few salient facts. First, on Crown court sitting days, I will not accept any suggestion or allegation from him that this Government have cut sitting days or trials in the Crown court. That is entirely untrue. As he knows, or ought to know, perfectly well—I am sure he can check with the former Lord Chancellor—on 28 June, the last Government and the last Lord Chancellor determined how many days the judges could sit this year. Since then, this Government have increased the number of sitting days by 500. As there is clearly some confusion here, it is important that I set the record straight.
Every year, the Government and the judiciary agree a number of sitting days, and an overall budget to fund those sitting days, in what is known as the concordat process. In June, the judiciary reached an agreement with the former Lord Chancellor to sit 106,000 days in the Crown court, with a total budget of £275 million. It has become clear that there has been over-listing against that budget, with more trials scheduled than the funding allowed for. As a result, some cases have had to be delisted, although far fewer than some recent reporting has suggested—it was claimed that around 5,000 sitting days were being cancelled, and I know that the shadow Lord Chancellor had some other numbers in his remarks. In fact, as I understand it, the number is more like 1,600 sitting days. Although misleading reports have abounded, one thing is clear: the concordat process has not worked as it should. I can assure the House that the first concordat process on my watch will be very different, and such confusions will not occur again.
The shadow Lord Chancellor asked a number of questions relating to the impact assessment for the changes announced today. I will publish all the usual impact assessments when the statutory instrument is published. As I said in my opening remarks, we expect an initial impact on prison places, but over time we expect that to come down. We have a little more space in prisons because of the action we have taken to stabilise the pressure on prison places. It is a sensible measure to then take the opportunity to bear down on the Crown court backlog by providing the extra 2,000 sitting days that this change will allow, while also bearing down further on our remand population.
As the shadow Lord Chancellor will know, the exact numbers are difficult to model because listing is a matter for the judiciary. Some of those on remand will ultimately be found not guilty and some will be found guilty and sentenced, and the whole range of sentencing measures is available to the independent judiciary. But we expect to make some progress on the remand population and, crucially, to be able to move people from the reception estate into the rest of the prison estate, thereby helping us to make sure we have the prison places where we need them. I can also confirm that all of the 37 people released in error because of being incorrectly sentenced are now back in custody.
Andy Slaughter (Hammersmith and Chiswick) (Lab)
As someone who spent a decade shadowing and scrutinising the previous Government’s justice policies, I sympathise with the Lord Chancellor over the chaos she has inherited, but the proposed changes to magistrates’ sentencing powers may have mixed results. They should ease the backlog in the Crown court, but they may put additional pressure on our overcrowded prisons. My concern is that we do not have robust data on the Crown court backlog or on the effects of varying sentencing. The Government are about to embark on a quick but thorough review of sentencing. Will they use that opportunity to get the policy and the figures lined up?
Shabana Mahmood
I think this is my first chance in the House to welcome my hon. Friend to his new position as Chair of the Justice Committee. Let me deal with Crown court data first. In fairness to the previous Government, they discovered this error prior to the conclusion of their term in office. When I came in, I was made aware of the issue with Crown court data. I ordered further investigation and examination of the issues. It is clear that a number of problems with the data—a number of errors and other issues—need to be resolved. We will make sure that it is published when we can be sure that it is accurate and that all those errors have been finally resolved.
Clearly, the situation is unacceptable. I am in discussion with the Lady Chief Justice about the need for a full external audit of Crown court data, because I think we can all agree that that data must be accurate. We clearly must do more to restore confidence in the reporting process, and I will update the House further in due course.
Madam Deputy Speaker
Just for reference, your questions should be two minutes, no longer.
Shabana Mahmood
I thank the hon. Member for his questions. I am very aware of the number of places in our prison estate, and we had a particularly difficult moment before the last bank holiday, in August, when we came down to fewer than 100. However, as a result of the measures we have taken on SDS40, there is now some space and some capacity in our prison system. It is important that we use this opportunity also to bear down on the remand population and to deal with the Crown court backlog.
This is a delicate balancing exercise, and it is one that I will personally be keeping a close eye on and keeping under review. However, I think that the measure we have announced is ultimately the right one, because it helps us with our prison capacity challenges. As a result, we will have the prison places where we need them—in the reception prisons—and we can start moving people out to other parts of the estate, which is not possible until cases are heard. I am confident that we have the capacity in the magistrates courts to deal with the additional workload. Again, I will be keeping that under review.
The hon. Member is right: 80% of offenders are actually reoffenders. This country has a real problem with failing to rehabilitate offenders, and our record on reducing reoffending is not as strong as it should be. Prison has a place, and it is really important that people who break our laws are properly punished. That is necessary for the public to maintain confidence in our system and for law-abiding citizens to feel that there are consequences when our laws are broken. There is no doubt in my mind that punishment and prison are important, but they go hand in hand with rehabilitation. I do not think there is a choice to be made between punishment and rehabilitation—they are two sides of the same coin, and we have to have both. This Government are determined to have a better track record on both punishment and rehabilitation compared with anything that has gone on in the previous 14 years.
Let me gently say that it is not the case that magistrates courts send more people to prison. Following the previous change the courts were able to run through cases faster, and because the previous Government had not created capacity in the prison estate, the pressure on prison places became acute and the measure had to be dropped back to six months—the shadow Lord Chancellor might wish to offer further comments on that. That is what happened and what I expect to happen again.
Criminal Law
Debate between Nusrat Ghani and Shabana Mahmood(3 months, 4 weeks ago)
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Shabana Mahmood
The public made the decision for the previous Administration by voting them out of office in such a stunning manner. We do have to win votes—it is a democracy, at the end of the day—but we must also govern the country in a way that does not risk the total collapse of the criminal justice system. It is a sign of the Tory party’s collective nervous breakdown in government that the risk of running the criminal justice system into the ground, with the total collapse of law and order in this country, was allowed to happen in the first place. This new Administration will never take such a risk, and we are taking these measures today to start putting things right and clean up the mess that we have inherited from the Tory party.
The last occupants of 10 Downing Street left our prisons in crisis. They left our criminal justice system at the point of collapse. They were the guilty men; I know the historical weight of those words, but they are apt. The last Government placed the country in unconscionable peril. This Government’s legacy will be different: a prison system brought under control, a Probation Service that keeps the public safe, enough prison places to meet our needs, and prisons, probation and other services working together to break the cycle of reoffending. Today’s measure is not the long-term solution—I am not pretending that it is; there is a hard road ahead of us—but it is the necessary first step.
Detention of Uyghur Muslims in Xinjiang
Debate between Nusrat Ghani and Shabana Mahmood(4 years, 2 months ago)
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Shabana Mahmood
I will not give way just yet; I will see how we get on. I know that there is a lot of intense interest in this debate, and I have had representations from many Members. That makes the case for not only how seriously Members from across the House take this matter, but how much people want to debate it and get a response from the Government. I think we should aim for more debates on the Floor of the House with more time, rather than end-of-day Adjournment debates like this one.
The genocide convention, to which China is a signatory, defines genocide as specific acts against members of a group with the intent to destroy that group in whole or in part. These acts include killing, causing serious bodily or mental harm, deliberately inflicting conditions of life to bring about the group’s physical destruction, imposing measures intended to prevent births within the group, and forcibly transferring children of the group to another group. Any one of these categories constitutes genocide. The overwhelming evidence of the Chinese Government’s deliberate and systematic campaign to destroy the Uyghur people clearly meets each of these categories.
Ms Nusrat Ghani (Wealden) (Con)
I congratulate the hon. Lady on holding this very important debate. She has very clearly laid out the tenet of what is required in international law to say that genocide is taking place in Xinjiang. Unfortunately, though, China’s power within the UN means that the UN is a busted flush, so it is up to our Government—our Foreign Office—to say that enough is enough and we will hold our own tribunal to work out what the evidence suggests, which will no doubt be that genocide is indeed taking place.
Shabana Mahmood
I thank the hon. Lady and agree with everything she said. Her remarks are testament to how much cross-party agreement there now is about what is happening to the Uyghur people at the hands of the Chinese Government. I would certainly welcome an opportunity to work closely with her and other Conservative Members so that we can lobby their Government to take the action that we would all, I am sure, like to see.
We should all be alarmed and appalled by what we are seeing, but we should all also resolve to forge a path forward for Uyghur freedom. I do believe that, as the hon. Member for Wealden (Ms Ghani) said, our Government can play a key role in averting disaster. The time has certainly come for Magnitsky-style sanctions on individuals, whether state or non-state actors, where there are reasonable grounds to suspect that the person is involved in serious human rights violations in Xinjiang. There is no good reason to explain why these have not already been activated. I believe that the Government’s current position is that the evidence is not there yet—a position that I have to say I find incredible. If the evidence we already have is not strong enough, then could the Minister tell us what more is required? What line has to be crossed before we say that sanctions are now appropriate?
Sanctions alone will not, of course, be enough. We should go further in using and enforcing domestic avenues of accountability—in particular, corporate accountability relating to supply chains, as my hon. Friend the Member for Coventry South (Zarah Sultana) remarked. We cannot allow the fruits of forced labour to end up on our shores and in our homes. I know that British people everywhere would be appalled to think, for example, that the personal protective equipment that we have all come to rely on could have been produced by the abused and subjugated people of Xinjiang. If our words on eradicating modern slavery are to mean anything, then surely the commercial goods that the Uyghurs and others in Xinjiang are forced to make should be squarely in our sights.
Both these options relate to following and then attacking the money. As distasteful as it may seem, money does matter a very great deal. The Chinese Communist party has busily been buying up influence and the silence of other countries. A challenge based on restricting the flow of money for key regime individuals, and also for companies, both Chinese and others, that are benefiting from these crimes would hit where it hurts and send a clear message too.
There are legal options as well. I know that the situation is complicated—China is of course a permanent member of the UN Security Council—but we should not let that stand in our way, as the hon. Member for Wealden made clear. I know that the Government are proud to have co-ordinated a joint UN statement, and I am sure that the Minister will remark on that. I do not wish to sound uncharitable as to the actions that the Government have been trying to co-ordinate. I know that even getting to that point, faced with a concerted counter-effort by the Chinese Government, is significant, but I also know we can do better. As the Bar Human Rights Committee has said, we should lead efforts to establish an impartial and independent UN mechanism such as a special rapporteur, or maybe an expert panel, to closely monitor the situation in Xinjiang.
We should investigate the viability of more innovative legal approaches that could be taken, as we have seen in respect of the Rohingya. The International Criminal Court has intervened to probe the violence against Myanmar’s Rohingya community because part of the crime—deportation—has taken part in Bangladesh, which falls within the jurisdiction of the International Criminal Court even though Myanmar itself does not. Similarly, we know that deportations are taking place from Jinjiang to Tajikistan and Cambodia, and people are then repatriated to China and later murdered, tortured or sterilised.
Kashmir
Debate between Nusrat Ghani and Shabana Mahmood(7 years, 10 months ago)
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Shabana Mahmood (Birmingham, Ladywood) (Lab)
The House will know of my long-standing interest in Kashmir. Many thousands of British citizens of Kashmiri extraction have made their home in my constituency, and I take an interest on their behalf, but I have a more personal interest as my family originates from Kashmir. All four of my grandparents were born in Kashmir before my family moved to this country, so this debate has very personal resonance for me.
The hon. Member for Bury North (Mr Nuttall) has already set out the background to this long-standing dispute and I pay tribute to him and to others who led the charge to secure today’s Backbench business debate.
We have heard already that this is a long-standing dispute between two nuclear-armed powers in one of the world’s most heavily militarised regions. It does not receive enough attention anywhere outside the region, and certainly not in our own country given the size of our British Kashmiri population; it certainly has a lot of attention from that population, but not enough from those outside it. I therefore pay tribute to all the doughty campaigners from all parties who have taken every opportunity available to raise this serious matter in the House of Commons and to press both our current Government and previous Governments to do more to help to build a resolution to this long-standing crisis.
The further push for debate on Kashmir has come as a particular result of the upsurge in violence and fighting in Indian-administered Jammu and Kashmir since last summer. We see the unacceptable failure of the whole world, the refusal to give effect to UN resolutions and the denial of respect for the self-determination of the Kashmiri people playing out in the worst possible way. People have lost hope and are rising against that loss of hope to try to force to have their rights be respected.
That significant upsurge in violence has elicited a brutal response from the Indian authorities. I am afraid that I wholeheartedly disagree with my hon. Friend the Member for Ealing, Southall (Mr Sharma). I do not believe that it is possible to minimise the extent to which the Indian authorities have acted in a disproportionate manner that has significantly harmed and, indeed, created great tragedy for the Kashmiri people in the region. This is the biggest uprising in two decades and the brutality of the response of the police and security services cannot be ignored. The fact that that is the case is upheld by human rights organisations across the world, including Human Rights Watch, whose world report for 2017 found clear evidence that the police and security forces have acted with impunity, that there have been extra-judicial killings and that mass rape has occurred. All those things are not acceptable.
I concur with the comments made by the hon. Member for Wycombe (Mr Baker). Of course, there will be questions about the veracity of the videos we will see on YouTube, on Facebook and elsewhere on social media, but there should be an open investigation to prove the veracity of the videos. If they are true—I believe that they will be found to be true—there are big questions for the Indian Government to answer.
I have to say to my hon. Friend the Member for Ealing, Southall that the big difference between the Indian Government and other Governments that commit human rights abuses is that India is the largest democracy in the world. Being a democracy is not simply about giving people a vote to decide their Government. It includes much more. It is about fundamental respect for the rule of law and for basic human rights that must be protected and that sit alongside the ability of the people to elect their Government.
Shabana Mahmood
I am afraid that I would be doing other Members out of their time if I gave way. I apologise.
The use of pellet guns has been mentioned. This is a significant issue for the Indian Government, and our Government must press them more on it. The Indian defence for the use of pellet guns to see off protestors who they say are throwing stones is that pellet guns are non-lethal. Of course, a pellet gun will probably not kill, but I defy anyone to see the pictures of the victims of pellet gun attacks and say that that is a proportionate response against civilians in a democracy. It is not, and I do not believe that anybody would stand up in this House and say that it is.
When we debate Kashmir, people who speak more in favour of the Indian Government’s stance will often say that the position of those who live in Jammu and Kashmir is better because they are able to vote, they are free to take part in the democratic process and they are basically free, and that self-determination is not necessary because they are a free people, freely electing their own local leaders with a significant devolution of power. Nobody—not one person—in Jammu and Kashmir has voted to be hurt, injured, beaten up, raped, blinded or killed. Pellet wounds are brutal. They are a brutal response by the Indian authorities and send a brutal message to the Kashmiri people. They leave brutal scars, which are not just carried by the individuals who bear the physical scars but are borne by the whole community in Jammu and Kashmir itself and all around the world by those of us of Kashmiri extraction. They are a symbol of the population’s repression, its desire to resist that repression and its cry to be heard.
That cry is falling on deaf ears in the largest democracy in the world, which wants to do more business with the rest of the world and play a greater role in world affairs. That position is simply not acceptable and our Government must not shy away from making that plain, especially in relation to the use of pellet guns. Tremendous, appalling, sustained and deliberate misery has been visited on the people of Kashmir for too long. The stories of disappearances and the discovery of mass graves have brought no official UN-led investigation whatever. The police and the security forces have impunity, especially given the implementation of the Special Powers Act of 1990. If a people are humiliated, abused and allowed to lose hope, and offered only despair in turn, and given no answers and no rights, there will an uprising. It is inevitable.
None of us as responsible legislators, also working in a democracy, can watch these events unfold and sit on our hands. We can do more. The legacy of empire demands that we do more. We have a duty to speak out more regularly. We have a duty to challenge as well as to encourage both the Indian and the Pakistani authorities. I have to say to the Minister that the written answers to the questions tabled, particularly last summer, are so bland it is as though these matters are a daily occurrence that can be ignored. That is not good enough. There are other disputes in this world that elicit much stronger responses from the Government when Members of this House table written questions. That has not been the case in relation to the dispute in Kashmir. In particular, there has been no definitive answer on whether the Prime Minister specifically raised the issue of human rights abuses with the Indian Government. It is not enough to tell us that the issue of Kashmir was raised. We need to know whether the human rights abuses and the use of pellet guns were raised.
I believe that it is now incumbent upon the British Government to make a clear call to raise this issue at the United Nations and to ask for an independent, UN-led investigation into human rights abuses, so that we can at least demonstrate that although some parts of this world see this as a forgotten conflict, or a conflict they want to be forgotten, we will never forget it and will keep fighting.