(7 years, 8 months ago)
Commons ChamberIt is the long-standing position of successive UK Governments that a state may use force in self-defence not only in response to armed attacks but to prevent an armed attack that is imminent. In each exercise of the use of force in self-defence, the UK asks itself questions such as: how certain is it that an attack will come; how soon do we believe an attack could be; what could be the scale of the attack; could this be our last opportunity to take action; and is there anything else we could credibly do to prevent that attack?
I thank the Attorney General for that answer. Does he agree with me that there is an important difference between the threats we face now and the threats that have not materialised but that may develop later?
(10 years, 6 months ago)
Commons ChamberUnless the hon. Gentleman is going to contradict me and vote accordingly, there is broad support for what we have set out in new clause 14, which is a self-contained measure that we do not think will have ramifications across the rest of the sentencing system. That is not true of some of the other changes that Members on both sides of the House may wish to make. As I have said, we have reached no pre-conclusions as to what should or should not be included in a review. However, we think it sensible to make sure that if we are to have a wholesale look at driving offences—which, unless the hon. Member for Hammersmith (Mr Slaughter) is going to contradict me, there is considerable support for across the House—we should do it in a considered way. We are not talking about years for that to happen, but months.
I thank my hon. Friend and his Department for listening to the victims of crime on the question of increasing sentences for those who commit the offence of killing people on our roads by driving while disqualified. On repeat offenders and the Bill that I introduced, I thank my hon. Friend for including such a provision in the review. However, does he agree that there is no one way of dealing with repeat offenders? Whether they are dealt with through a magistrates court, through an increased sentence in a criminal court, as I have suggested, or by making the offence an either-way offence, as the Opposition have suggested, the right approach is to carry out a comprehensive review, because there is no one way of dealing with the issue.
I agree with my hon. Friend that it is important to review all the options. He has already made a powerful case for his preferred option in dealing with repeat offences of driving while disqualified, and I know he will continue to do so. I hope the review will give him and others the opportunity to make the case they wish to make. In view of that, I hope the hon. Member for Hammersmith will consider whether it is necessary to press his new clause to a vote.
Amendment 8 relates to cases where a defendant being tried under the single justice procedure has 12 or more penalty points on their record. Subsection (3) of proposed new section 16A of the Magistrates’ Court Act 1980, introduced by clause 28 of the Bill, specifies that a decision under the new single justice procedure must be made “in reliance only” on the documents sent to the accused, along with “any written submission” provided that aims to mitigate the sentence imposed. Under amendment 8, a defendant would additionally have to include in any written submission details of previous exceptional hardship pleas they had made to the court. I know the hon. Member for Bolton West (Julie Hilling) will make her case for the amendment in due course, but I presume that the intention is that the single justice procedure should be able to take that into account when considering any further submissions from the defendant requesting mitigation of their sentence.
The Government share Members’ concerns about drivers who continue to drive when accumulating penalty points that would normally result in disqualification. As I have said, we will conduct a review of the wider sentencing framework for driving offences, and as I said to the hon. Lady during Justice questions last week, it may well be that there is a strong case for the inclusion of such a measure.
(11 years, 1 month ago)
Commons ChamberI think the hon. Gentleman is referring to prisoners having access to legal papers relating to their cases. This is a difficult problem because, as he will recognise, prisoners have certain rights of access to their legal papers, but it is a cause for concern to us, and to him, that they might have access to materials that they can keep in their cells and show to other people. That is clearly inappropriate, and we are looking into how we can best restrict that access. He can rest assured that we are seeking to do that.
8. What progress he has made on the digitisation and modernisation of the criminal justice system.
(11 years, 11 months ago)
Commons ChamberThe right hon. Gentleman will have to wait and see exactly what we propose and exactly when we propose it, but what he has just described is not going to happen.
Does the Minister agree that the new court and probation service delivery model, by which probation staff have to provide a statement on the day that a plea is taken, ensures that we get a swift, transparent response on the day?
I certainly agree that we want to ensure that justice is swifter and that where possible the probation service produces reports as quickly as it can. My hon. Friend will know from his experience of practising in the courts that probation officers often produce reports in very short time frames, which I am sure is of great assistance to the courts and to be commended.
(11 years, 11 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
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The issue is practical rather than legal. My hon. Friend will recognise that to get an offender to engage properly, whether they have a drug addiction or literacy problems, they must do so voluntarily, because a compulsory arrangement will not deliver the results that we all want. That is very much the message that I have heard from the Shannon Trust, as he has.
I recognise that there are always opportunities to impose restrictions on offenders, whether in the context of community sentences or licence conditions, but we must seek to incentivise prisoners to do what we know they need to do to minimise their risk of reoffending. That will be partly by persuasion, and partly by ensuring that they are prepared to engage with the provision so that they get out of it what they need. I understand my hon. Friend’s point.
Does the Minister have an assessment of how many drug treatment and testing orders were given in the last two years, and how many were successfully completed?
My hon. Friend will not be surprised to hear that I do not have the figures immediately to hand, but I am sure that we can get them to him. Inevitably with the regime for drug treatment, which I will come to in a moment, we need greater engagement and better results. We are working as hard as we can to achieve that.
I have talked a little about education. We are doing other things, which I do not have much time to go through, but I draw attention to the virtual campuses in 101 prisons, which provide an opportunity for prisoners to learn with carefully controlled access to a suite of web-based education and employment materials. We must recognise that we need greater scope to broaden the learning offer, to alert prisoners to job vacancies in their release area, to make the process of learning much more akin to that experienced in the outside world, and to give prisoners the experience of using IT.
My hon. Friend the Member for Hexham referred to drugs, and I agree that there are two priorities for the Government and the National Offender Management Service. First, we must stop drugs from entering prisons and secondly we must get offenders off drugs and keep them off drugs. He is right to highlight the fact that the demand for drugs in prisons is far greater and more concentrated than anywhere else in society. The high demand and limited supply of drugs creates prices five to six times higher than in the community and represents a lucrative market. That is why prisons are targeted by organised crime groups using sophisticated smuggling methods. Despite rigorous prison security measures, drugs can penetrate prison walls.
I acknowledge that, as my hon. Friend said, some prisoners will try a drug in prison that they have not used before, but they may have been using other drugs in the community—perhaps they have been taking crack cocaine or heavily abusing alcohol—that they substitute with that new drug.
I assure my hon. Friend that we are committed to improving the situation, and we are making progress. Particular initiatives have included an increase in drug-free prison wings where increased security measures prevent access to drugs. I am pleased that my hon. Friend, as he says in his book, supports these measures.
We are trialling drug detection technology and using technology to deny signals to illegal mobile phones in prisons, which are often associated with drug supply. We are also pursuing the roll-out of a networked prison intelligence system to help prisons to stay one step ahead of those seeking to breach prison security. As a result, fewer prisoners are testing positive for drugs than at any time since 1996. Around 7% of prisoners test positive for drug misuse when they are in custody, which is a considerable fall from the 64% who used drugs in the four weeks before custody.
My hon. Friend talked about the opportunity to test when someone goes into custody and comes out. Those are fixed points, and I understand their significance, but he will recognise that we must make sure that prisoners do not use drugs at any time throughout their sentence, and mandatory, random drug testing is useful in that.
As well as keeping drugs out of prison, we want to deliver a rehabilitation revolution that helps to transform the lives of offenders and ensures that they do not return to a life of crime after their sentence. Reshaping treatment services in prisons and the community is at the heart of the Government’s intention to get more people free of their dependence, ready for work, and with somewhere to live. Our objective is to move towards a fully integrated, recovery-orientated system that supports continuity of treatment within and between custody and community. That includes piloting 11 drug recovery wings focused on abstinence, and connecting offenders with community drug recovery services on release.
My hon. Friend will recognise the importance of ensuring that whatever is done with drug treatment in prison, it is important to have continuity through the gate to what goes on in the community. That is also the case for prisoner education. We want to ensure that all our plans recognise that through-the-gate facility.
I thank my hon. Friend for his contribution not only to today’s debate, but to the more general discussions of these issues. I look forward to engaging further with him and others, and I hope that he will be encouraged by the plans we are developing and will shortly introduce.
(12 years ago)
Commons ChamberDoes the Minister have an assessment of how curfew orders have been working since their hours and length were increased last year?
I will have to check to be certain, but I think that the changes made by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 have not yet come into force. However, my hon. Friend puts his finger on the opportunity for us to have available not only more hours spent under curfew but curfew orders that last for a longer time. In addition to new technology that will enable us better to monitor offenders, this can be a very effective means of keeping track of those who have committed offences.