Sentencing Bill

Paul Kohler Excerpts

2nd reading
Tuesday 16th September 2025 Commons Chamber

[Mr Lammy]

Domestic violence is a serious issue. That is why having a flag in the system is important to ensure appropriate provision for that particular cohort of offenders who might leave prison and continue to offend, so that they can be recalled. Such provision is particularly important to domestic violence campaigners.

It will be possible to apply new restrictive licence conditions and, as mentioned, tagging will be central to depriving offenders of their freedom while they are outside prison. That is why I am introducing a new presumption in our system, that every offender is tagged on leaving prison. Reoffending rates, as I have said, are 20% lower when curfew tagging is used in community sentences. Today, about 20,000 people in the justice system are tagged. The proposed expansion will see up to 22,000 more tagged each year, and many under curfews and exclusion zones as well. This is punishment that works —not just a spell inside, but strict conditions outside, enforced by technology that we know cuts crime.

For the final phase of a sentence, the independent review recommended an “at risk” period without supervision. I think that that provision would cause concern across the House, so I rejected it. Under this legislation, all offenders released into the community will remain on licence. The highest risk will receive intensive supervision. Others will remain liable for recall to prison, with any further offence potentially leading to recall, even if it would not normally attract a custodial sentence. The prospect of prison must continue to hang over offenders, both as a means of ensuring that they mend their ways and as a punishment should they fail to do so.

In June 2018, there were 6,300 recalled offenders in prison. Today there are more than 13,500 prisoners in that category. Clauses 26 to 30 therefore introduce a standard 56-day recall, which gives prison staff time to manage risk and prepare for release. Some offenders will be excluded from this change and will continue to receive standard-term recalls, including those serving extended sentences and sentences for offenders of particular concern; those referred to the Parole Board under the power to detain; those convicted of terrorism, terrorism-connected offences and national security offences; and those who pose a terrorist or national security risk.

Those under higher levels of multi-agency public protection arrangements—levels 2 and 3—will also be excluded. That includes many of the most dangerous domestic abusers and sex offenders. Finally, those recalled on account of being charged with any further offence will be excluded too. They will only be released before the end of their sentence under a risk-assessed review or if the Parole Board says they are safe. This is punishment that works: breaches met with swift consequences, so offenders know that recall is a real threat hanging over their lives.

For some offenders, sadly prison is the only option. For others, we must ask whether custody is the most effective approach. The evidence is damning. In the most recent cohort, over a third of all adult offenders released from custody or who started a court order reoffended. More than 60% of those on short sentences of less than 12 months reoffend within a year. This is the legacy of the last Government: a system that fails to turn offenders away from crime and a revolving door of repeat offending.

The scale is shocking. Of the July to September 2023 cohort, 21,936 adults went on to reoffend within a year, and for the first time since 2018, over 100,000 reoffences were committed. That is what happens when there is a failure to take the tough choices needed to reform the system, a failure to invest in probation, as has been discussed, and a failure to act on the evidence.

Clause 1 introduces a presumption to suspend short prison sentences, and is expected to prevent over 10,000 reoffences each year. Let me be clear: this change will not abolish short sentences, as I said to the Father of the House, the right hon. Member for Gainsborough (Sir Edward Leigh). Judges will retain the power to impose them in certain instances, such as where there is significant risk of harm to an individual, including victims at risk in domestic abuse cases; where a court order has been breached—for example, if a prolific offender fails to comply with the requirements of a community order or suspended sentence; and in any other exceptional circumstances.

Similarly, clause 2 widens the scope for suspended sentences, increasing the limit from two years to three, but custody will remain available wherever necessary to protect the public. Clause 41 also updates the “no real prospect” test in the Bail Act 1976, clarifying that bail should be granted if custody is unlikely. But, again, the courts will continue to be able to remand offenders where there is a need to do so. This is punishment that works: short sentences and custody reserved for those who pose a real risk, while others are punished more effectively in the community, unlike the previous approach, which left reoffending out of control.

Punishment must apply whether sentences are served inside or outside prison. Just as offenders released from prison will face restrictions to their liberty, similar curtailments will be available for those serving sentences in the community. As I have discussed, that includes tagging, where appropriate, and clauses 13 to 15 will mean that it could also include banning people from a pub, from attending a football match or from driving a car.

Clause 3 will also make it possible to introduce income reduction orders, requiring certain offenders with a higher income who avoid prison through suspended sentences to pay a percentage of their income for the good of the victims, ensuring that crime does not pay. There is community payback, which we will also expand. Working with local authorities, offenders will restore neighbourhoods, remove fly-tipping, clear rubbish and clean the streets. Again, this is punishment that works, with liberty restricted, income reduced and hard work demanded to repair the harm done.

Some 80% of offenders are now reoffenders. Alongside punishment, we must address the causes of crime. Four intensive supervision courts already operate, targeting offenders driven by addiction or poor mental health, and they impose tough requirements to tackle those causes. Evidence from Texas shows that these courts cut crime, with a 33% fall in arrests compared with prison sentences. More than three quarters of offenders here meet the conditions set, and we will expand that work, opening new courts across the country to target prolific offenders, with expressions of interest now launched to identify future sites. Again, we are following the evidence here. Pilots show that intensive courts cut crime, and we will scale them up.

Victims must be at the heart of our system. Too often they have been an afterthought in the justice system, and this Bill changes that. Clause 4 amends the statutory purposes of sentencing to reference protecting victims as part of public protection, requiring courts to consider victims—and we are going to go further. Clauses 16 and 24 strengthen the restriction on the movement of offenders. Current exclusion zones protect victims at home, but leave them fearful when they step outside. For that reason, the Bill establishes a new power that restricts the movement of offenders more comprehensively than ever before.

These new restriction zones, which will be given to the most serious offenders on licence and can be imposed by a court, will pin any offender down to a specific location to ensure that the victims can move freely everywhere else. That was campaigned for by the founders of the Joanna Simpson Foundation, Diana Parkes and Hetti Barkworth-Nanton, who I understand are in the Public Gallery today; I pay tribute to them and to all who have campaigned for this crucial change.

It is vital that we ensure our monitoring is equal to the risk that offenders pose and the protections that victims need. Clause 6 introduces a new judicial finding of domestic abuse in sentencing, which enables probation to identify abusers early, to track patterns of behaviour and to put safeguards in place.

[Mr Paul Kohler (Wimbledon) (LD)]

Does the Lord Chancellor agree with my concerns that neither the Bill nor the excellent report that preceded it make any mention of restorative justice—a process that truly puts the victim at the heart of the criminal justice process? Will he pledge in future legislation to address that omission?

[Madam Deputy Speaker (Caroline Nokes)]

Order. Before the Lord Chancellor responds, let me say that a huge number of his own Back Benchers would like to get in this afternoon. He might therefore like to think about getting to the end of his contribution.

Trial by Jury: Proposed Restrictions

Paul Kohler Excerpts

Wednesday 9th July 2025 Commons Chamber

[Sarah Sackman]

I thank the right hon. Gentleman for his typically helpful and constructive contribution. We are talking about a system that has so many moving parts, and that is why we will not give an instant response to Sir Brian’s review or to some of the points that the right hon. Gentleman raises. It is clear that we have got to get the whole system working.

In that vein, let me address our professions and our criminal Bar, who do a sterling job. I have engaged closely with the Bar Council and the Criminal Bar Association, and we need to do this in collaboration with them. It will be a team effort to rebuild our criminal justice system, and we will continue to engage over the summer as we bring together the necessary reforms to bring down the backlogs and deliver swifter justice for victims.

[Mr Paul Kohler (Wimbledon) (LD)]

I sympathise with the Minister’s frustration at the Tories’ brass neck. There is clearly a crisis in the criminal justice system, and it is clearly of their making. However, rather than undermining the jury system, we need to invest in our courts. Does the Minister agree that this is all about priorities? Is she going to use her limited budget to build more prisons and simply produce more prisoners, or use that limited money to invest in the criminal justice system and restorative justice?

[Sarah Sackman]

As I have made clear, we are investing in prison places. Only 500 were added in 14 years under the last Government, but we have committed money to the building of 14,000 new prison places as well as comprehensive sentencing reform. We have also committed £450 million to investment in our courts, whether it is used for court maintenance, additional funds for criminal legal aid, or additional—and now record—Crown court sitting days. However, as Sir Brian Leveson tells us, that is insufficient. That alone will not see a reduction in the delays affecting the victims about whom we have heard so much today. We must do what it takes, which necessitates both investment, which we are already beginning to make, and reform.

Independent Sentencing Review

Paul Kohler Excerpts

Thursday 22nd May 2025 Commons Chamber

[Shabana Mahmood]

All dangerous offenders—those who receive an extended determinate sentence, including some of the serious offenders to which my hon. Friend has referred—will be excluded from this scheme. All other offenders receiving a standard determinate sentence will be within the earned progression model, but they will have to earn an early release. That is why we are ensuring that there is an uplift in probation funding, to ensure that all those individuals are intensively supervised in the middle stage of their sentence. The worst thing that could happen for every type of victim in this country, and in fact for every citizen, would be for us to run out of prison places altogether. We are in this position because of the mess that the previous Government left behind, and it falls to us to fix it.

[Mr Paul Kohler (Wimbledon) (LD)]

Notwithstanding the predictable nonsense from the shadow Leader of the Opposition, the right hon. Member for Newark (Robert Jenrick), it is critical that we focus on the needs of the victim. I welcome the Lord Chancellor making that point in her statement, but we need more than fine words. Can she please commit to giving all victims of crime proper access to restorative justice?

[Shabana Mahmood]

Restorative justice has an important role to play in our justice system, so where it is appropriate and where it can make a difference, we will ensure that it is available. But I want to ensure that victims of crime have other confidence-inducing measures at their disposal, which is why I want to look at exclusion zones in particular, and it is why we want to do the domestic abuse identifier, so that we can track systems, learn from the cases that are going through and make better policy for victims.

Oral Answers to Questions

Paul Kohler Excerpts

Tuesday 22nd April 2025 Commons Chamber

[Sarah Sackman]

My hon. Friend is absolutely right. The other day I visited the Telford justice centre, where one of the courtrooms was out of use because of mould and a leaky roof. The Government are making an additional capital investment of £20 million this year to maintain and restore our buildings so that they can be full and active for use. We are also investing in new court buildings; from Blackpool to the City of London there will be new courts, and they will serve the public well.

[Mr Paul Kohler (Wimbledon) (LD)]

The passing of Pope Francis was a profound loss. Throughout his life, he was a passionate advocate for a justice system that put reconciliation at its heart. With the publication of the independent sentencing review expected imminently, will the Government take this opportunity to move our justice system towards one that contains, in the words of Pope Francis, a “horizon of hope” and reintegration, and will they commit to restorative justice being placed at the heart of our justice system?

[Shabana Mahmood]

Restorative justice clearly has a role to play, but the principles of our sentencing review, with which I hope Members across the House can agree, are clear: there must always be a prison place available for people who are dangerous and need to be locked up, and we have to do more to help people to turn their back on a life of crime.

Prison Capacity Strategy

Paul Kohler Excerpts

Thursday 12th December 2024 Commons Chamber

[Alex Davies-Jones]

I believe the right hon. Gentleman was the prisons Minister in the previous Government, so he will know all too well the impact that this situation has had, yet they failed to build the amount of prison places we need and there is no apology, yet again, to the British public for the crisis we have inherited. We need a resilient and functioning prison estate to ensure that prisoners have the opportunity to be rehabilitated, as the right hon. Gentleman said. We are tackling our remand population, increasing the sentencing powers of magistrates, and building those new prison places he mentioned. As I said, we are taking action and delivering on our promises, whereas the previous Government failed to deliver.

[Mr Paul Kohler (Wimbledon) (LD)]

The Minister is aware of my view that it is folly to build new prisons to increase capacity. All we will do is create more prisoners and more overcrowding—it is a supply-led industry. Will she confirm what new ideas will be incorporated into the new prisons? Rehabilitation, not incarceration, is the key to addressing criminality.

[Alex Davies-Jones]

The hon. Gentleman makes a valid point. We cannot build our way out of this problem, and the prison population will only continue to increase more quickly than we can build new prisons. That is why the 10-year prison capacity strategy is just one part of that prolonged solution. The second part is the independent sentencing review, which we have outlined. Focusing on preventing reoffending is crucial to this Government’s mission to build safer streets. For example, the Government have committed to halving the prevalence of violence against women and girls and halving knife crime within a decade, and I will work closely with Ministers across Government to ensure that we deliver on those bold ambitions.

Sentencing Review and Prison Capacity

Paul Kohler Excerpts

Tuesday 22nd October 2024 Commons Chamber

[Shabana Mahmood]

We will make sure that the review panel, when it is fully put together, includes somebody with experience of working with victims of crime to make sure that that perspective is fully reflected in the investigations that the review undertakes and, ultimately, in its findings and recommendations.

[Mr Paul Kohler (Wimbledon) (LD)]

May I congratulate the Lord Chancellor on the terms of reference of this review, and the appointment of the excellent David Gauke? I remain concerned, however, about the Government’s evident enthusiasm for increasing capacity. May I ask the Lord Chancellor directly whether she agrees with her colleague in the other place that we imprison too many people in this country? Is the Lord Chancellor’s ultimate aim to reduce the prison population?

[Shabana Mahmood]

We need to make sure that we have the prison places we need to lock up those who have to be locked up. That is fundamentally non-negotiable. We have to see an increase in prison capacity. I mentioned earlier that the previous Government failed to deliver 14,000 places. Without them, we will run out of prison places again. We have to build the supply, and we have to do better on reoffending. All these things are equally important, and they all have to be done at the same time. I will not set arbitrary figures for how many people can and should go to prison. I want to ensure that we never again run out of prison places, that we do better on rehabilitation and that we expand punishment outside prison.

Oral Answers to Questions

Paul Kohler Excerpts

Tuesday 10th September 2024 Commons Chamber

[Alex Davies-Jones]

I am meeting the women imminently to discuss this further, and the Government have committed to a thorough sentencing review.

[Mr Paul Kohler (Wimbledon) (LD)]

12. What recent assessment she has made of the adequacy of the time taken for cases to progress through the criminal justice system.

[Sir Desmond Swayne (New Forest West) (Con)]

13. What steps she is taking to help reduce the time taken for criminal cases to be heard at court.

[Mr Kohler]

I thank the Minister for her answer. After waiting seven years for the Grenfell inquiry to report, the bereaved families and survivors have now been told that they must wait two or possibly three years for a decision on whether and whom to prosecute. As Martin Luther King said,

“justice too long delayed is justice denied.”

I understand from the Crown Prosecution Service, which I met recently, that much of the delay is for the discovery process, where the welter of digital information must be assessed. Can the Minister tell me what is being done to address these delays and whether things such as artificial intelligence are being contemplated?

[Heidi Alexander]

As the Prime Minister made clear, those affected by the Grenfell tragedy have already waited too long for justice. I can assure the hon. Gentleman that anything in my or my Department’s power that needs to be done will be done. The Government fully support the Metropolitan police and the Crown Prosecution Service as they complete their investigations and bring prosecutions to trial, while respecting their operational independence. I am sure the use of all forms of technology will be considered in that process.

Criminal Law

Paul Kohler Excerpts

Thursday 25th July 2024 Commons Chamber

[Shabana Mahmood]

I will happily return or write to the right hon. Lady in respect of specific local authorities. The impact of prison capacity is uneven, but it is also in flux on a daily basis. On money and the long-term supply of prison places, we will be publishing a 10-year prison capacity strategy, which will deal with the long-term plans that our Government have to increase supply of prison places.

[Mr Paul Kohler (Wimbledon) (LD)]

We do indeed need to build more prisons, because, as was said, the present stock is not fit for purpose, but if we build more prisons to increase capacity, we will just end up with more prisoners. All the evidence suggests that prison population is a supply-led industry, and more prisons means more prisoners. I remind the Lord Chancellor that her colleague in the other place has made it clear that a third of prisoners should not be there. What will she do to look at alternatives to prison for the sad and wretched, not the cruel and dangerous?

[Shabana Mahmood]

Let me be clear to the hon. Gentleman and the House. The Government will ensure that we have the prison places that we need so that we can protect the public and deal with the supply-side issues we have inherited from the previous Tory Government, who did not build the 20,000 places that they said would be ready by next year; they delivered only 6,000. In addition to providing the prison places that the country needs, we will deal with the problem of reoffending, because we are determined to ensure that we do not keep creating more and more victims. That is a strategy for cutting crime and for putting victims first.

The Government have taken action where before us came inaction. Once this action takes effect from September, we will be able to end the immediate crisis in our prisons, giving us time to introduce desperately needed long-term measures. This has been welcomed by voices from across the criminal justice system, from senior police officers to my predecessor in this role. It is the only safe option available to us, and to choose to act otherwise would leave our country in a state of unconscionable risk; one that I am not willing to take. For that reason, I commend the draft instrument to the House.

Question put.