Recalled Offenders: Sentencing Limits

Robert Jenrick Excerpts

Thursday 15th May 2025 Commons Chamber

[Robert Jenrick (Newark) (Con)]

(Urgent Question): To ask the Secretary of State for Justice if she will make a statement on the public safety implications of the Government’s plan to set a 28-day limit on prison sentences for recalled offenders.

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

The Lord Chancellor laid a written ministerial statement yesterday, the background to which are the changes around fixed-term recall in the light of the prison capacity challenges that the Government face. When we were elected almost a year ago, we inherited a prison system on the brink of collapse. Although we took immediate action to prevent the catastrophe, prisons continue to be perilously close to filling up entirely. Last December we published a long-term building strategy, setting out our aim to open up 14,000 prison places by 2031. That is the largest expansion of the prison estate since the Victorians. We have already committed £2.3 billion to prison expansion, and since taking office we have delivered 2,400 new places.

We also commissioned the independent sentencing review, which will report shortly. The sentencing review will hopefully offer us a path to ending the capacity crisis in our prisons for good, but the impact of sentencing reforms will not be felt before next spring. On our current trajectory, we will hit zero capacity in our prisons in November—we cannot allow that to happen. That is why we have announced our intention to lay a fixed-term recall statutory instrument that will mean that those serving sentences of between one and four years can only be returned to prison for a fixed 28-day period. The measure builds on previous legislation, introduced by the last Government, that mandated 14-day recalls for those serving sentences of under a year.

To be clear, higher-risk offenders have been exempted from that change. If further information relating to an offender’s risk is received after they have been recalled which means they are no longer considered suitable for fixed-term recall, they may be detained for longer on a standard recall if that is assessed as necessary.

[Mr Speaker]

I call the shadow Secretary of State.

[Robert Jenrick]

“Sorry” seems to be the hardest word today. I see that the Justice Secretary has still not come to Parliament to defend her policy. Yesterday she deliberately avoided scrutiny in this House, because she knows that this decision is wildly unpopular and risks the safety of the public. To govern is to choose. There are 10,500 foreign criminals in our jails and 17,000 people in prison awaiting trial. Combined, those two groups make up roughly a third of the prison population.

The sensible step forward would obviously be to introduce emergency measures to expedite deportations and get the courts sitting around the clock. If the Justice Secretary chose to do that, we would support her, but so far she has not. She has refused to take the judiciary up on its offer of extra court sitting days. It is not uncommon for as many as half the courts at the Old Bailey to sit empty on any given day. Instead, she has decided to let out early criminals who reoffend or breach their licence. There is now no punishment or deterrent for criminals who immediately reoffend or cheat the system. The Justice Secretary says these people will be “in prison outside of prison”—I am sure that hardened criminals will be quaking in their boots at that farcical doublespeak.

There is no two ways about it: this decision has put the public in danger and victims in jeopardy. The Domestic Abuse Commissioner, Nicole Jacobs, has said that she

“cannot stress enough the lack of consideration for victims’ safety and how many lives are being put in danger”.

Is the Justice Secretary or her Minister really telling domestic abuse victims that their abusers will be back on the streets in just 28 days if they breach their licence, and that nobody will even check with the Parole Board? Can the Minister explain to the House who is exempted from the scheme, because right now confusion reigns? Yesterday the Justice Secretary gave the impression that no domestic abusers or sexual offenders would be eligible for her scheme, but her Department has since said that it will include “many” but not all.

The written ministerial statement laid yesterday deliberately concealed the answer to the question of which criminals will be excluded, so will the Minister take this opportunity to tell the House? If he does not know the answer, will he commit to publishing it by the end of the day? Lastly, can he confirm to the House that anyone in breach of a restraining order will be ineligible for a fixed-term recall, because anything else would be an insult to the victims?

[Sir Nicholas Dakin]

Since taking office, we have deported over 1,800 foreign national offenders in custody, securing their early removal from our prisons—15% higher than in the previous 12 months. We have just announced 110,000 court sitting days, which is the highest level for a very long time.

To answer the right hon. Gentleman’s specific questions, we will exclude anyone serving more than four years in prison; all those convicted of a terrorist or national security crime; and those who are subject to higher levels of risk management by multiple agencies where the police and the Prison and Probation Service work together, which includes certain sexual and violent offenders, including many domestic abusers. If there are ongoing concerns about the risk posed by an offender who is due to be released after the 28-day period, frontline workers can apply additional licence conditions to manage that. If further information related to an offender’s risk is received after they have been recalled, meaning that they are no longer considered suitable for fixed-term recall, they may be detained for longer on a standard recall, if that is assessed as necessary by the HMPPS public protection team.

We know how important it is that victims are kept informed. All those eligible for the victim contact scheme will be notified about an offender’s release and will have the opportunity to make representations about victim-related licence conditions. Although there are certain exclusions for serious offenders, changing recalls for fixed-term offenders is necessary. It would be even worse to run out of space, which at this stage would mean the managed breakdown of the criminal justice system. The Lord Chancellor said rightly that that would be unconscionable. No Government should leave that challenge as a legacy to their successors, as the right hon. Gentleman’s Government did.