Sentencing Bill

Robert Jenrick Excerpts

2nd reading
Tuesday 16th September 2025 Commons Chamber

[Robert Jenrick (Newark) (Con)]

I beg to move an amendment, to leave out from “That” to the end of the Question and add

“this House declines to give a Second Reading to the Sentencing Bill, despite supporting measures to better identify domestic abusers on sentencing, because the Bill will lead to an increase in the number of dangerous criminals on the streets, putting the public, particularly women and girls, at risk, and this is compounded by HM Inspectorate of Probation’s finding that HM Prison and Probation Service ‘requires improvement’ meaning it is not equipped to deal with the further pressures imposed by this Bill; because the Bill will undermine public confidence, particularly victims’ confidence, in the criminal justice system by enabling serious violent and sexual offenders to be released from prison early, and repealing measures to ensure law-enforcement and victims’ perspectives are secured in parole decisions; and will cause further loss of public trust in the criminal justice system because it will not end the scandal of identity-based sentencing.”

I welcome the Justice Secretary once again to his position, and congratulate him again on his demotion to Deputy Prime Minister. When he rose to introduce the Bill, I half-expected him to rise waving a flag instead of a Bill. It would not be a Union flag or a St George’s flag, of course, although if he were inclined, I would be happy to come to his constituency and help him put those up. It would be a white flag, because this Bill is nothing less than a complete and total surrender—a surrender of our streets and our safety to the criminals presently terrorising them. The Justice Secretary is already a man known for surrendering the Chagos islands, but if this Bill passes, he will be remembered as the man who surrendered our streets to criminals here at home, too. Make no mistake: this plan will unleash a crime wave across the country, paving the way for fresh injustices on our streets. The Secretary of State is fond of quoting figures and principles, so let me quote some back for context. Up to 43,000 criminals will avoid jail every year as a result of this plan. The numbers are eye-watering. That is more than half of all offenders who currently go to jail. It is the biggest reduction in sentences in British history.

The backbone of this Bill is a brand-new presumption against short sentences. In practice, it means that Labour is abolishing prison terms under 12 months. It is all but impossible for an individual to be sentenced for 12 months or less. Who are these individuals? Let us be honest with ourselves about who we are talking about here. Burglars, shoplifters, thieves and even thugs convicted of nasty assaults will henceforth be spared jail and handed a community order instead. If we apply this Bill to those imprisoned last year, it would mean: up to 3,000 thugs jailed for assaulting an emergency worker avoiding jail; 1,200 violent offenders convicted of grievous bodily harm avoiding jail; 11,000 shoplifters terrorising communities in each and every constituency avoiding jail; 2,700 burglars who rob families of their peace of mind avoiding jail; and 600 muggers who strike fear into people going about their daily business on the streets of this country avoiding jail. Those figures are eye-watering. This is a “get out of jail free” card on an unprecedented scale.

[Sarah Coombes (West Bromwich) (Lab)]

In the spirit of honesty, does the shadow Minister recognise that it was the previous Government who left our prisons at 99% capacity for most of the recent years? They let out 10,000 prisoners, largely in secret, and brought our criminal justice system to the brink of collapse. Does he take responsibility for all of that?

[Robert Jenrick]

The hon. Lady perhaps does not remember the last years of the last Labour Government. They let out 80,000 criminals on to our streets. That is how they emptied the prisons—not by building more, but by opening the doors. We did not do that.

There is a better way. Another way is possible. A third of all those in our prisons are either foreign national offenders or individuals on remand. The first answer to this challenge is to get the foreign national offenders out of our prisons and out of our country. The number of foreign prisoners in our prisons has gone up under Labour. The second answer is to fix the remand problem by getting the courts sitting around the clock to get the court backlog down. What has happened to the court backlog? It has gone up. If the hon. Lady is looking for someone to blame, she should look no further than those on her Front Bench.

Behind the many thousands of criminals who will walk free because of this Bill are thousands of victims, and each has a harrowing story. Daniel Tweed launched a vicious attack on his partner in their home in Northampton. He punched her multiple times. He dragged her by her hair. He kicked her and stamped on her. She was subsequently taken to hospital. He was sentenced to 12 months. [Interruption.] Someone said that is not enough, and I agree. Most people in this country would say that is not enough. That disgusting man should be in jail for far longer, but under the Bill, violent domestic abusers like Daniel will walk free. I say to Members, “Be under no illusions about what you are voting for this evening: Daniel Tweed and men like him will walk free.” There is no specific domestic abuse carve-out from the presumption against short sentences. That is what we are voting on tonight.

[Sir John Hayes (South Holland and The Deepings) (Con)]

The truth that dare not speak its name, at least on the other side of the Chamber, is that the public know what many on this side know too: that many more people should be imprisoned for much, much longer. Successive Governments have failed to grasp that nettle, because they have given in to what the Justice Secretary, who, by the way, is a personal friend of mine—[Interruption.] He is desperate to avoid that description. They have given in to what the Justice Secretary amplified today, namely the foolish idea that crime is an illness to be treated rather than a malevolent choice to be punished. We need a retributive justice system that recognises what the public recognise: that people like the thug whom my right hon. Friend described need to be punished, and punished severely.

[Robert Jenrick]

I could not agree more with my right hon. Friend. The truth is this: most people in this country are already raging at the fact that prisoners get let out of prison early. They were sick of that happening under the last Government, and what are this Government doing in response? They are letting out more, and they are asking them to serve even shorter sentences. That is not justice. That is not what the people of this country want.

[Sir Julian Lewis (New Forest East) (Con)]

I was struck by the example that my right hon. Friend gave of someone who committed a vicious assault getting only 12 months, and now getting no months and no prison time at all. Of course, it could work the other way round: it could be that when a judge is forced to confront the fact that if he gives a sentence of only 12 months for a vicious attack the prisoner will walk free, he will feel that he must make the sentence somewhat longer—in which case the Government’s plan to free up a prison space will not even work, will it?

[Robert Jenrick]

My right hon. Friend may well be right. A number of the policies introduced by this Government have had the most extraordinary unintended consequences. The Secretary of State said earlier that a number of people have been recalled. That is because of the failure of the Government’s policy; it is because they let people out on early release when they should not have been let out. Who knows what the unintended consequences of these policies are? But let me ask one thing of every Member of this House: think what you would say to the victim of Daniel Tweed. Should that man be walking the streets of this country, or should he be in jail? I know what I would say. I know what we believe on this side of the House.

Ministers defend this policy by saying that short sentences are counterproductive, noting that 62% of offenders who served under 12 months reoffended within a year, but here’s a thing: 100% of criminals left on the streets have the opportunity to reoffend immediately. It is cold comfort to the victim of burglary that a man who ransacked her home gets a stern talking to, unpaid work or, worse, “prison outside prison”—that ludicrous and empty slogan put out by the Justice Secretary’s predecessor—rather than even a few months behind bars. Short sentences exist for a reason. Sometimes a short sharp shock is exactly what is needed to change behaviour, and sometimes a short sentence is the only thing standing between a dangerous individual and his or her next victim. The approach in this Bill is totally naive.

The Government celebrate their new earned-release progression model as the centrepiece of the Bill—a Texas-inspired scheme, we are told. Well, this could not be further from Texas if the Justice Secretary tried. Texas’s incarceration rate is triple that of England. Who exactly will benefit from the right hon. Gentleman’s new scheme? Burglars, rapists, paedophiles, and those convicted of domestic abuse-related offences such as battery, stalking, and coercive and controlling behaviour. Disgracefully, all such prisoners who supposedly behave themselves will be released after serving just a third of their sentence—yes, one third. They have to behave themselves, not be rehabilitated, as the Secretary of State suggested. They do not have to come out with some skill, course or restorative justice; they must just not be a thug while they are in jail. Is that all we are asking for now?

Only the so-called most dangerous offenders are excluded. Forgive me if I am not reassured. If a violent domestic abuser, who was given, say, nine years, can stroll out of prison in three years because he attended a few workshops and kept his nose clean on the inside, how exactly does that protect the public, how does that protect the victim and how is that justice? The Conservative Government had moved to toughen sentences for serious crimes, requiring many violent and sexual offenders to serve two thirds of their term before release precisely to stop such tragedies. Now the Justice Secretary seeks to reverse that vital progress and water it down again to half. Hard-working, law-abiding citizens are being told that their safety hinges on a criminal’s good behaviour after conviction, rather than the severity of the crime itself. Public safety should depend on what criminals did to their victims and whether they remain a threat to the public, not on whether they earn gold stars on a prison conduct chart.

To sugar-coat the largest reduction in sentences in the history of our country, the Government promise intensive supervision of offenders in the community. Even that assumes that our Probation Service, which the Secretary of State was right to say is stretched to breaking point, has the capacity to monitor the beeping lights on all these new tracking devices. At Justice questions, he himself said that the contract was not working, yet we are now going to place even more reliance on tags—tags for goodness’ sake—but is that justice? Who exactly will watch the offenders? We are told that probation officers are already swamped and that, struggling with huge caseloads and staff shortages, they are at 104% capacity. Now, every petty thief, burglar and drug dealer who would have spent a few months in prison will instead be out in the community with a mere tag between them and their potential victim. Is the Justice Secretary seriously suggesting that this will stop a violent offender abusing their partner? If he is, he should explain that to the House.

What of the expanded menu of community restrictions of which Ministers are so proud? The Bill gives courts the powers to ban offenders from certain activities and places—bars, pubs, sporting events—and the press release issued to the media gleefully talked about criminals being barred from football matches and pubs as a way to curtail their freedom. However, do any Labour MPs here truly believe that these bans will strike fear into the hearts of hardened offenders? Don’t be ridiculous! A career burglar or repeat shoplifter will not quiver at the thought of being forbidden from entering the Dog & Duck—ridiculous!

I turn to some of the less trumpeted parts of the Bill—the changes to parole and the oversight of the Sentencing Council. These are technical on the surface, but they reveal much about the Government’s priorities. First, on parole, in a little-noticed clause—clause 38—the Bill repeals the power that would have allowed the Secretary of State to require certain parole board cases to have particular members, such as ex-police officers, on the panel. That power was designed by the last Government to ensure that, for the most serious and high-stakes release decisions, there was a law enforcement perspective in the room, with someone who has seen the worst of what offenders can do. Now the Justice Secretary has just scrapped it entirely before it even came into force. So when a convicted murderer or rapist comes up for parole, they will no longer be guaranteed that there is a voice of law enforcement or a victims’ champion at the hearing. Removing that safeguard tilts the balance further in favour of the prisoner’s release.

Secondly, on the Sentencing Council, the Labour Government’s Sentencing Bill lifts its central idea from a Bill we previously put before the House, which they voted down but now support, having wasted Parliament’s time with an interim Act. Yet after all that, they water it down. They propose to force the Sentencing Council, which drafts judges’ guidelines, to get approval from the Lord Chancellor and the Lord or Lady Chief Justice for new guidelines and to submit an annual plan for ministerial sign-off. That is political oversight in principle—something Labour voted against when we proposed a stronger version—but in practice it is too little, too late. Only after I raised this issue on the Floor of the House did Ministers scramble to block those outrageous guidelines at the eleventh hour. Even the former Justice Secretary had to admit that such “differential treatment is unacceptable”. But remember, if Labour had listened to us sooner, this entire debacle would have been avoided.

The Sentencing Council is a creature of the last Labour Government—a quango deliberately insulated from democratic accountability. We warned that an unchecked council would go rogue and it did. Sure enough, it tried to rewrite sentencing by stealth and almost succeeded. Labour’s belated tweak, requiring ministerial sign-off on guidelines, adopts our position that the council needs democratic oversight, but it barely scratches the surface. The truth is that the council is a totally flawed structure. When Labour set it up in 2009, they made it answerable to nobody. As a result, an unelected body nearly smuggled in identity-based sentencing.

If the Justice Secretary really opposes identity-based sentencing, let us look at what is in the pipeline. Will he use this power on the forthcoming immigration guidelines, signed off by the previous Labour Lord Chancellor, which will deny Parliament’s clear will that immigration offenders should be locked up and subject to automatic deportation? Will he scrap those guidelines? They are in his in-tray. He is taking the power to do so. It is on him.

Despite this being a new role for the right hon. Gentleman, I am sorry to say that the Justice Secretary cannot feign ignorance on this approach. It was his 2017 review that fixated on statistical disparities in the justice system. His answer was not to enforce the law impartially; it was to impose outcomes by quota. His review’s guiding principle was “explain or reform”, effectively demanding that if an institution cannot explain a disparity in minority outcomes, it must change its practices until the numbers look equal. In theory, that sounds like holding the system to account. In reality, it invites social engineering and double standards.

The right hon. Gentleman openly champions equity over equality. In plainer terms, that means believing in bias by design—a justice system that explicitly favours some groups in order to tweak the statistics. We just saw the consequences of that thinking. The Sentencing Council’s two-tier guidelines were a textbook application of the Justice Secretary’s long-held belief: a two-tier system where justice is not blind, as it must be, but rather squints at your skin colour, your gender, your faith or your age before deciding how to punish you. On the Conservative Benches, we will always believe in the universal principle of equality before the law, not equity. That is the difference.

Turning to the matter of foreign criminals, for all the right hon. Gentleman’s remarks, as of 30 June this year there were 10,772 foreign nationals in our prisons—12% of the total. That is up on last year.

[Gareth Snell (Stoke-on-Trent Central) (Lab/Co-op)]

I am enjoying the right hon. Gentleman’s one-man show on why he should be leader of the Conservative party. He will get no argument from me on the fact that we need to reduce the number of foreign national offenders in our prisons—I agree that that is what we do need to do, as does my party. However, between 2019 and 2024 under his Government, the numbers increased by 12%. He knows that it is a difficult thing to achieve; he knows there is no simple answer, because if there was, his party would have done it when it was in government. Rather than offering simple magic-wand solutions, what is he actually suggesting that we do to deliver a reduction? If he knows the answer, why did he not do it when he was in government?

[Robert Jenrick]

The hon. Gentleman is on rocky ground, because the Justice Secretary literally put his name to a letter stopping the then Government deporting foreign criminals from our country back to their own countries. [Interruption.] He did, I am afraid, as I think did the Prime Minister and the Home Secretary. You literally could not make it up, Madam Deputy Speaker.

What is the answer to the question from the hon. Member for Stoke-on-Trent Central (Gareth Snell)? It is simple: change our human rights laws and address the European convention on human rights so that it is possible to remove each and every foreign national offender in a timely fashion, and then use every lever of the British state—whether it is revoking visas or suspending foreign aid—to achieve that.

Let me give the House an example of just how ludicrous the present situation is. When the Justice Secretary was Foreign Secretary, it was reported that he got into a debate with Pakistan over whether it would take back three grooming gang perpetrators—rapists—to their home country. Pakistan held out, saying that in return for taking back its own citizens—despicable rape gang perpetrators—we needed to agree to resume flights from a disreputable airline that has had safety challenges in the past. How weak is this country? How weak is this country that we will not stand up to that? We are giving more than £100 million a year in foreign aid to Pakistan. We should be using every lever of the British state to get these people out of our country and our prisons so that we do not have to carry out the early release of dangerous people, which is what this Bill will do.

[Several hon. Members rose—]

[Robert Jenrick]

I must make progress—I need to bring my remarks to a close.

In plain English, there are more FNOs overall, and more FNO sex offenders in particular, while those on Labour’s Front Bench have spent years campaigning against their removal. That will change only if the Justice Secretary confronts the broken ECHR, which is the biggest legal obstacle to their removal—everything else is tinkering. For the good of the country, I urge the Justice Secretary to support anyone within the Government who seeks change to the ECHR, because he will never resolve this challenge without that change.

The Sentencing Bill is soft on crime, soft on criminals and brutal on the hard-working, law-abiding people of this country. It offers oven-ready excuses to offenders to get out of jail early and cold comfort to victims. The Justice Secretary has a choice: he can plough ahead with this farce and watch as our streets are swept by the coming crime wave, or he can heed our warning—shared by victims groups and rooted in common sense—and think again. The British people deserve safer streets. Instead, under this Bill, they are going to get a jailbreak. A crime wave is coming.

[Madam Deputy Speaker (Judith Cummins)]

I call the Chair of the Justice Committee.