Home Office and Ministry of Justice Debate

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Department: Ministry of Justice

Home Office and Ministry of Justice

Sarah Sackman Excerpts
Monday 29th June 2026

(1 month ago)

Commons Chamber
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Sarah Sackman Portrait The Minister for Courts and Legal Services (Sarah Sackman)
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I associate myself with the remarks of those who have thanked the Chairs of the various Select Committees for securing this important debate, and I thank everybody who made incredibly thoughtful contributions to it, although there was the odd exception.

To govern is to choose, and those on the Opposition—[Interruption.] I am coming to it. The hon. Member for Bexhill and Battle (Dr Mullan) is getting started early. We know what choices the Opposition would make, because the Government’s inheritance in the criminal justice system was intolerable. Our prisons were allowed to run red hot so that the most serious offenders had nowhere to be locked up—a total dereliction of duty from the so-called party of law and order. In our courts, we had record and rising backlogs—there is consensus about that in the House—with both victims and defendants seeing intolerable delays. I could not agree more with the hon. Member for North Cotswolds (Sir Geoffrey Clifton-Brown) that this is one system, and it must keep the public safe and command public confidence. Yes, indeed, justice delayed is justice denied.

We see the brass-neckedness of Opposition Members—there is no apology—but this Government do not duck the choices. As I will come to, in both areas we have grasped the nettle. We have sought expert advice in the form of the independent review led by Sir Brian Leveson into the state of our criminal courts, and from David Gauke in relation to sentencing. We have heard the conclusions of those reviews, and yes, we have been prepared to make the tough choices required to put our justice system first and to put it on a stable footing.

The context outlined by the hon. Member for North Cotswolds and astutely by my hon. Friend the Member for Hammersmith and Chiswick (Andy Slaughter) is one in which for several decades justice has been relatively sidelined in public policy terms and in investment terms. That has changed under this Labour Government with the uplift in the capital budget, as hon. Members across the House have rightly acknowledged. That is seen in prison construction, the investment in our court estate, the investment in the technology required to bring our justice system into the 21st century and, indeed, in the vital intervention of uncapping sitting days to salvage our courts from the brink of collapse. That is the choice that the Government have made to put justice first and to fix the mess that the Opposition left us with.

Let me turn first to the crisis in our courts. We have taken a multi-pronged approach to this issue, as is set out in the estimates Bill. In colloquial terms, I would say that we have thrown the kitchen sink at it. We have done that in three ways: investment; modernisation and efficiency; and reform. Let me take each in turn.

First, we have taken the choice that the Conservatives failed to take when they gutted our legal aid system, our court workforce and the capital spend in our courts. We have reversed that. Now, £2.78 billion has been agreed in the concordat with our courts, including those uncapped sitting days, and £287 million in capital spend is literally fixing the leaking roofs in Newcastle and right across the country. I was also pleased to see Harrow Crown court reopened when I visited the other day.

On investment in our workforce, the hon. Member for Bexhill and Battle speaks of empty courtrooms. Of course we do not want to see empty courtrooms, but that is a reflection of the state of system capacity. We cannot 3D-print judges, prosecutors, defence lawyers or court staff; we have to train them. Those people are skilled. They have to be trained, they have to be remunerated, they have to be retained. That is why this Government chose, early doors, to make the investment of £116 million in criminal legal aid for solicitors, the £34 million pledged to advocates and the record settlement for the Crown Prosecution Service, as well as the investment in our judiciary. It is that that is going to fill and sustain our empty courtrooms.

Many, including the hon. Member for Chichester (Jess Brown-Fuller), have rightly spoken about victims. We have made a £0.5 billion investment in victim support services. The transformation in the availability of transcripts and audio recording of proceedings in our magistrates courts is vital not only to improving the victim experience but, given the intolerable delays, to keeping victims and witnesses engaged in the process, because when victims and witnesses pull out of the process and walk away, they do not get justice at all. That is the situation that the Conservatives left us with.

Efficiency and modernisation are vital too, and it is right that Members across this House challenge the system and challenge those responsible for it to improve matters. I am grateful to my hon. Friend the Member for Newcastle upon Tyne North (Catherine McKinnell) for referring to prisoner transport and the prisoner escort and custody services—PECS—because this issue has been highlighted by the Bar, by the judiciary and by Members in this House. The Minister for Prisons in the other place and I have set up an oversight board to grip our PECS contracts—contracts that were agreed with Serco by the previous Government—to ensure that we are driving out inefficiency in that operation from end to end.

The judiciary is making a step change through a national listing framework, accompanied by AI data-driven tools, to improve the listing and scheduling of cases and make it more consistent. We are seeing investment in blitz courts in London and other places, as well as a case co-ordinator in every single Crown court centre to progress cases more rapidly. The adoption of remote technology is increasing the amount of remote participation, reducing the need for those prisoner transfers and enabling us to get through the easier cases. All of that is being done to drive the efficiency that everyone quite rightly wants to see.

However, I have to be clear that—just as my hon. Friend the Member for Hammersmith and Chiswick said, and consistent with the conclusions of Sir Brian Leveson—efficiency and investment alone will not reduce the backlog. It is true that the investment that we have made in sitting days, uncapping them for 2026-27, has resulted in a stabilisation of the backlog, just as we hoped it would, but the backlog continues to sit at over 80,000. Behind each and every one of those cases, there is a victim waiting for justice and a defendant stuck languishing in the remand system, and the public’s confidence in our criminal justice system is waning. That is why we will not duck the necessity of structural reform.

Geoffrey Clifton-Brown Portrait Sir Geoffrey Clifton-Brown
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The Minister is absolutely right: it is necessary to have confidence in our criminal justice system. Will she therefore answer the question from my hon. Friend the Member for Bexhill and Battle (Dr Mullan)? Will the Government be letting out rapists and other serious offenders under the early release scheme, and if so, how many?

Sarah Sackman Portrait Sarah Sackman
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I am talking about courts, but I will turn to sentencing and prisons in due course. However, I must remind the hon. Gentleman that the Sentencing Act provisions, which will come into force in September and to which he refers, were made necessary by the Opposition’s failure to invest in prison places over many years. Over 14 years in government, they made their choice, and they added net 500 prison places. In the first two years, this Government have already delivered an additional 3,000 places, and the biggest prison building programme since the Victorians is set to deliver 14,000 additional prison places.

Let me return to the Crown court backlog. Reform cannot be avoided. To bring the backlog down, it is vital we ensure that the right cases are heard in the right place. It cannot be right that defendants can insist on their right to a jury trial in cases that could be heard by magistrates under even the existing sentencing powers. That is not fair on victims, and it is not fair that those cases are in the same queue as other, more serious cases, which have to have a jury trial, but a timely one. We cannot duck those choices.

The proposals to increase magistrates courts’ sentencing powers, remove the right to elect and create a Crown court bench division are sound. When a triable either-way case is heard in the magistrates court, it moves far faster than in the Crown court. We have to take a proportionate and hard-headed approach that balances the rights of defendants, the rights of victims and the entitlement of every citizen in this country to a timely trial. Timeliness is an essential ingredient of fairness.

As I have said, we inherited a prison system on the brink of collapse. To govern is to choose, and we took decisive action: £4.7 billion invested in the largest prison building programme that this country has seen, more foreign national offenders deported than ever before, 3,000 prison places delivered in the first two years of this Government and the Sentencing Act reforms, which will put our prisons on a more sustainable footing. As others have mentioned, we have also made a vital £700 million investment in probation, which is crucial to keeping the public safe and, as others have said, getting reoffending under control. Punishment can take place in prison, but punishment can also take place outside prison. The tough community sentence regime, the presumption of tagging, and the managed, structured and orderly early release system, as compared with the chaotic and opaque system under the previous Government—that is the choice that we make. That is how we get our criminal justice system under control.

Kieran Mullan Portrait Dr Mullan
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Will you answer the question?

Sarah Sackman Portrait Sarah Sackman
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The hon. Member has had an entire urgent question in which to ventilate these issues, and I am here to debate the estimates and address some of the other points that have been raised. I do not duck the essential point that our early release scheme will apply to some of those guilty of the offences to which he refers, if safe to do so. If they have misbehaved in prison, they will not benefit from those provisions. The point is that this is not a free-for-all. They will be subject to tagging and control on the outside. That is why the investment in probation is critical.

Kieran Mullan Portrait Dr Mullan
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The Minister is completely wrong. The releases are automatic. There will be no prevention of a release of someone on a standard determinate sentence, regardless of what the risk assessment shows. The Minister must at least be accurate in describing the policy.

--- Later in debate ---
Sarah Sackman Portrait Sarah Sackman
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The policy exists, as I have said, critically in the context of a restored probation system, and it is to that which I come right now.

Probation is an indispensable part of the scheme that the hon. Member talks about—a probation system that was, as I have said, absolutely gutted under the Opposition. Probation and community services will receive an additional £700 million by the final year of the spending review. In real terms, that looks like recruiting at least an additional 1,300 trainee probation officers by March 2027, on top of the over 2,300 who have been onboarded in the past two years. Those hard-working probation officers—not the slackers that perhaps were portrayed by the hon. Member for Bridgwater (Sir Ashley Fox); far from it— doing some of the most difficult jobs in our public services have been delivered a 6% headline increase in pay, and rightly so, because they do such valuable work. They have been given the tools with which to do that work.

We have the biggest expansion of tagging in British history, with a presumption that every offender will be tagged on release from prison, save in very specific circumstances. All of that keeps the public safe, and staff will be given the technology to enable them to do their work in a more efficient and accurate way with the Justice Transcribe AI-powered tool. These investments and reforms will ensure that probation officers can have the biggest impact by focusing on those who present the highest risk.

A number of points have been made on legal aid, which will celebrate its 80th anniversary in a couple of years’ time. It is one of the proudest achievements of a previous Labour Government—the Attlee Government. It is something that we have put back on a stable footing. As I have said, we have put in an enormous uplift of £116 million for legal aid solicitors, up to £34 million for barristers, match funding for pupillages, building the workforce and, to the question of my hon. Friend the Member for Congleton (Sarah Russell), investment in the digital system.

My hon. Friend is right that the particular line in the estimates pack from the House of Commons Library to which I believe she refers does not reflect the totality of the capital investment that the Government have made in this area. We are at £61 million invested in the digital transformation. That is much needed because those in this House will know that the impact that the criminal cyber-attack had on the legal aid system was so detrimental, precisely because there had been so much underinvestment and neglect of the system. It is therefore important that we not just stabilise the system, but transform it so that legal aid providers, but even more importantly, their clients can benefit in the long term.

I am conscious of time, and so I will speak briefly about policing. The hon. Member for North Cotswolds is absolutely right that this is one system and it needs to behave as such. I recently had the privilege of visiting the Greater Manchester local criminal justice board, and I saw an outstanding example of cross-working in the criminal justice system. Prevention is better than cure, and so much of the investment we see in policing, but also the reform in the policing reform Bill, which will bring so many officers out from behind their desks and onto the streets in neighbourhood policing, will mean that we can prevent so much crime and intervene before so much of that behaviour becomes problematic.

Ashley Fox Portrait Sir Ashley Fox
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On prevention being better than cure, would the Minister care to comment upon the reduction in provision of prison education before she concludes her remarks?

Sarah Sackman Portrait Sarah Sackman
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Prison education is vital, and I have seen some fantastic examples of it, in particular on a recent visit to High Down. Prison education can take many forms, such as vocational training and education in a conventional sense. In some senses, the bigger question is how do we make our prisons safe? There is no point in having outstanding education—I agree with the hon. Member that it is important; I do not think we disagree on this—if drones are bringing drugs and contraband into prisons, as he pointed out, and if prisons are overcrowded. If that is the case, it is almost impossible to deliver and see the benefit of that education. The fact that this Government are prioritising, through a £40 million investment, a drone prevention programme, that we are building new prisons that are fit for people to live in and receive that education, is a choice that makes sense and that, as I said, prevents so much of the problem.

Violence reduction units, the prison reform Bill, and the workforce plan that the Home Office has put forward are all part of the choice—I return to that theme—that the Government make, whether on policing, courts, prisons, or probation. We choose to fix the mess, and when we see a problem we make the choices required to fix it. Investment, modernisation and reform: the contrast between that and the choices that Opposition Members made when in government could not be starker. We must now give the plan a chance to work.

Caroline Nokes Portrait Madam Deputy Speaker (Caroline Nokes)
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I call Sir Geoffrey Clifton-Brown to wind up the debate briefly.