Shabana Mahmood
Main Page: Shabana Mahmood (Labour - Birmingham Ladywood)Department Debates - View all Shabana Mahmood's debates with the Ministry of Justice
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Sir Geoffrey Clifton-Brown (North Cotswolds) (Con)
The Lord Chancellor and Secretary of State for Justice (Shabana Mahmood)
The last Government left us with a record and rising backlog. Cases are taking years to be heard, and the number of victims dropping out at police stage has nearly doubled. We have taken steps to deliver swifter justice by increasing sitting days to a 10-year high and extending magistrates courts’ sentencing powers, but we must go further. That is why I have commissioned Sir Brian Leveson to conduct a review of the courts, asking him to propose once-in-a-generation reform.
Mr Mohindra
We all want justice to be served as quickly as possible, and many of my constituents have contacted me recently with concerns about law and order. Given the various media reports about unused capacity in courts up and down the country, what is the Secretary of State’s Department doing to ensure that every aspect of the justice system is working efficiently and at full capacity?
Shabana Mahmood
The hon. Gentleman makes a good point, and I share his concerns and those of his constituents—indeed, I see many such cases in my own constituency advice surgeries. We are working at pace to ensure that every bit of the criminal justice system is working at its maximum efficient capacity. That includes everything from police stage right through to sentencing in the courts. I am sure that he will be aware of the very strained situation we inherited. It will take some time for those changes to take effect, but we are driving forward system efficiency, and Sir Brian Leveson’s review will give us a policy package with which to reform the system for the benefit of all victims.
Bradley Thomas
Constituents across Bromsgrove and the villages are sick and tired of violent criminality and lawlessness creeping over the border from Birmingham into our constituency. In the past year, Romsley Co-op and Wythall post office at Drakes Cross—both of which are on the northern fringe of my constituency—have been raided, and it is hard to believe that proximity to Birmingham is not a factor in that. What steps is the Secretary of State taking to ensure that prosecutions are pursued and custodial sentences are given in the first instance, to crack down on crime and make our area safe again?
Shabana Mahmood
Through our landmark review of sentencing, this Government are ensuring that sentencing is fit for purpose. That will ultimately put us in a position where we can crack down on reoffending, thereby cutting crime and the number of victims. I am not sure whether the hon. Gentleman is proposing carving out his part of the world from any other part of the country, but his argument about boundaries can apply to any part of the UK. That is why we need a functioning justice system for the whole of England and Wales, and that is what this Government are going to deliver.
Sir Geoffrey Clifton-Brown
The Justice Secretary has said that she agrees with the old legal maxim that justice delayed is justice denied. We currently have a record backlog of 73,000 in the Crown courts; rape cases are not being prosecuted for three or four years; and, in particular, on any one day 25% of cases do not take place, for a variety of reasons. What is the Justice Secretary doing to speed up the whole system?
Shabana Mahmood
I agree with the Chair of the Public Accounts Committee that the backlog is far too high. He will know that, no matter what we do in terms of system efficiency and capacity, that backlog is projected to rise, because the demand coming into the system is particularly high and is itself rising. That is why I have asked Sir Brian Leveson to consider once-in-a-generation policy reform, so that we can make the legislative changes necessary to bring the backlog down. That is the change that is required, alongside system-wide efficiency and productivity.
Andy Slaughter (Hammersmith and Chiswick) (Lab)
The Secretary of State has announced two major reviews of the criminal justice system—the Leveson review and the Gauke review—and has said that, very impressively, they might report by the spring, which could be 1 March. There is a difference between reporting and taking action, so could she set out exactly when she expects the results of those two reviews to have a direct impact on case numbers?
Shabana Mahmood
The Chair of the Justice Committee is tempting me to pre-empt what the reviews will find. Those findings will, of course, dictate the pace at which change can then occur. He will be aware of the acute pressure on our prisons system, despite the emergency levers that I have had to pull—that has only bought us some time, as I have said when regularly updating the House. The sentencing review measures have to take account of our remaining problem with prison capacity. Once the review has been published, we will move quickly to decide which recommendations to take forward. On the courts package, it is likely that any measures will also require legislative reform. Again, I will seek to move at pace on that, but that rather depends on the package of measures that Sir Brian Leveson ultimately recommends.
Robert Jenrick (Newark) (Con)
The courts backlog is growing by 500 cases every month, and the Ministry of Justice has not set a date for when it will come down. Victims are being forced to put their lives on hold while they wait for a trial date, yet today at the Old Bailey half of all the courtrooms sit empty. The Lady Chief Justice has said that there are 4,000 additional sitting days available that could be used now. Who is the obstacle to resolving this? Is it the Justice Secretary, who is content for rape trials to be scheduled for as far off as 2027, or is it the Chancellor, and the Justice Secretary has just had rings run around her by the Treasury?
Shabana Mahmood
What an absolutely outrageous set of remarks! The right hon. Member completely forgets that, only six months ago, his Government were in charge. The Government of which he was part all but ran our justice system into the ground. I do not recall seeing him standing up and speaking about delays for rape victims, or indeed any other kind of victim, when he was on this side of the House. I am glad he has now realised that the system ought to try to put victims first. His critique would have more force were it not for the fact that this Government, having come to office only six months ago, have increased Crown court sitting capacity by 2,500 days.
Seamus Logan (Aberdeenshire North and Moray East) (SNP)
Liz Twist (Blaydon and Consett) (Lab)
The Lord Chancellor and Secretary of State for Justice (Shabana Mahmood)
I am sure that the whole House will join me in saying that our thoughts today are with the victims of these horrific crimes and their families. Last week we saw a measure of justice done, but over a number of years there was widespread state failure that meant that this attacker was not stopped. It is right that there will be an inquiry. The Ministry of Justice will play its full part, and I will ensure that any lessons for us are learned.
Liz Twist
When the tragedy of Southport happened, crucial details about the case could not be revealed to ensure that the trial did not collapse and the vile perpetrator did not walk away as a free man. However, some on social media were playing by different rules. Does the Secretary of State think that our contempt rules are fit for the modern world?
Shabana Mahmood
My hon. Friend raises an important point. The Government would not say anything that would risk collapsing this trial. The media followed the law, and so did everyone in this House, but the same was not true online. As the Prime Minister has said, this challenge clearly must be addressed. The Law Commission is reviewing contempt laws. We will look closely at that work and consider these issues in the round.
Sir Desmond Swayne (New Forest West) (Con)
But the information released shortly before the trial did not collapse the case. Had it been released in August, it might have had a dampening effect on those unhelpful voices on social media, might it not?
Shabana Mahmood
As I said in my previous answer, it is clear that the fast pace of the online world has some significant challenges for our present arrangements around contempt laws. The Government’s approach, which was to do nothing that might risk collapsing the trial, was the right one. I hope that will have support across the House. It would have been in no one’s interests to take any risks with the safety of the trial. As I have said, the online space poses some challenges for our contempt law arrangements, and the Law Commission is rightly looking into that.
Robert Jenrick (Newark) (Con)
Contempt of court laws are guardrails that ensure fair trials. Does the Justice Secretary accept that, as the independent reviewer of terrorism legislation has said, by failing to provide basic information to the public that has been disclosed in previous cases—information that would not prejudice a trial—the authorities created a vacuum in which misinformation spread? That misinformation could itself have been prejudicial to the trial. Does she agree that in an age when most people consume their news through social media, saying nothing is not cost-free? Will she commit to reviewing this issue now, rather than waiting for the Law Commission?
Shabana Mahmood
There will always be differing views among lawyers about what can and cannot be said. It is right that the Government took their own position and that we did nothing that could risk collapsing the trial. I agree with the shadow Secretary of State that the online world poses a significant challenge to our contempt laws. That is why that is already being looked at. As there is a piece of work already under way, I do not want to pre-empt where that could land. The Law Commission has a good track record of considering major law changes. Because of the inquiry and the fast-moving nature of these things, I will keep this area under close review myself.
Anneliese Midgley (Knowsley) (Lab)
The Lord Chancellor and Secretary of State for Justice (Shabana Mahmood)
By failing to attend their sentencing hearings, criminals add insult to injury and deny victims and their families a vital part of seeing justice done. Iusb will be legislating to give judges the power to order attendance at sentencing hearings, and I will make it clear in the law that reasonable force can be used to make sure that happens. The Prime Minister and I met Cheryl Korbel last week to discuss these proposals, and we will ensure that the families of other victims are involved before the Bill is put before the House.
Anneliese Midgley
I thank the Secretary of State for that positive response, and I thank her and the Prime Minister for meeting me and my constituent Cheryl Korbel, the mother of Olivia Pratt-Korbel, the nine-year-old who was tragically murdered in 2022. Cheryl is pleased that the Government have committed to implementing Olivia’s law without delay. Can the Minister ensure that Cheryl is involved in the development of this law, placing victims and their families at the heart of the justice system?
Shabana Mahmood
I pay tribute to my hon. Friend for the work she is doing on behalf of her constituents. I was pleased to be able to discuss these matters with her. She is absolutely right, and it is crucial that we make progress in this area. We have committed to introducing that legislation before the summer, and I will, as I promised last week, consult Olivia’s family and the families of other victims for whom non-attendance at sentencing hearings has caused problems.
Mr Gregory Campbell (East Londonderry) (DUP)
There are a small number of people who, through due process, appear in court and are convicted, but who decline to come up to the court room for sentencing. The Secretary of State has indicated her intention to move on this. Does she agree that the Government need to show a very robust approach, so that people who show disdain and contempt for the rule of law are shown that there is no room for manoeuvre and that they must and will appear in court?
Shabana Mahmood
The hon. Member is right. It is already expected that defendants will attend sentencing hearings, but we know that some take the opportunity not to face the families of their victims, which causes huge trauma to some of the families. We will clarify and put on a statutory footing the expectation of attendance at sentencing hearings, along with sanctions for dealing with offenders who still, despite being compelled to attend court—even through the use of reasonable force—seek to disrupt hearings.
Mr Richard Holden (Basildon and Billericay) (Con)
Katie Lam (Weald of Kent) (Con)
The Lord Chancellor and Secretary of State for Justice (Shabana Mahmood)
The Government have inherited a situation where 10% of offenders account for 50% of all offences. We have also inherited an epidemic of shoplifting, the kind of antisocial crime that blights communities. I have commissioned David Gauke to review how sentences could be reformed to address prolific offending, reduce reoffending, cut crime and ultimately make our streets safer.
Mr Holden
I believe in second chances, and perhaps even more chances in some cases, but the excellent Policy Exchange report, “The ‘Wicked and the Redeemable’: A Long-Term Plan to Fix a Criminal Justice System in Crisis” found that hyper-prolific offenders—those with more than 45 previous convictions—are sent to prison on fewer than half of the occasions on which they are convicted of a subsequent indictable or either-way offence. Given that those people commit such high numbers of crimes, which usually affect our least affluent constituents, what consideration have the Government given to the report’s recommendations, particularly on introducing a mandatory two-year sentence for hyper-prolific offenders who are convicted of a subsequent indictable or either-way offence?
Shabana Mahmood
The right hon. Member raises an important point about an issue that blights communities across the country. I agree that we need a specific strategy for dealing with prolific offenders. Of course, different organisations use different definitions of what counts as a prolific offender or hyper-prolific offender, and that is why I have asked David Gauke to look specifically at this cohort of offenders in the independent sentencing review. The revolving door of prison and other types of sentences for them is clearly not having an impact. We must think about the interventions that will make the biggest difference to the largest number of those offenders, so that we can cut crime and have fewer victims.
Katie Lam
The Lord Chancellor rightly says that less than 10% of criminals account for nearly half of crime. I understand that a sentencing review is under way, but any decisions are for Ministers to make. Will the right hon. Lady please rule out here and now any possibility of allowing career criminals to avoid prison, even for short sentences?
Shabana Mahmood
The hon. Member will know that I am not going to pre-empt any of the findings of the sentencing review. The point of having an independent review is to allow for a look at all the issues in the round. I have made it clear that I am particularly concerned about the people who she rightly terms career criminals, and I am particularly keen to think about the interventions that could make the biggest difference, so that we can reduce this blight on our communities. That is a clear statement of intent from the Government, showing how seriously we take prolific offending, but the measures that we choose to take forward will be clearer once the sentencing review has reported.
Dr Kieran Mullan (Bexhill and Battle) (Con)
As the Secretary of State mentioned, the approach to managing hyper-prolific offenders is part of David Gauke’s review, which could consider, for example, the wider use of GPS tagging and home curfew, but the Department has been undertaking its own assessment of the effectiveness of GPS tagging. Will the Government commit to publishing that review before or alongside the sentencing review, so that we can properly judge the merits of any proposed expansion?
Shabana Mahmood
As I have sought to do throughout this process, I will ensure transparency in the Government’s approach when it comes to not just the emergency releases data, but other information that underpins future policy choices.
Dr Mullan
I did not quite hear a “yes”, but I will take that as an encouraging commitment that the Secretary of State will publish the GPS tagging review ahead of any sentencing review. However, I am afraid that in Ministers’ discussions of these issues, they risk losing sight of the fact that imprisonment also serves the important purpose of punishing offenders in the interests of justice. Importantly, how will the Government decide whether any of David Gauke’s proposals that they are minded to accept sufficiently punish offenders? How will that judgment be made before any recommendations are accepted?
Shabana Mahmood
I have said on many occasions in this House that I believe in punishment and in prison. Prison has a core role to play in the punishment of offenders. However, we must not run out of prison places. We must balance the need to punish and imprison people with interventions that expand the use of punishment outside prison. [Interruption.] The hon. Gentleman says, “Build more” from a sedentary position. We are. We are moving forward to solve the 14,000 prison place deficit left by his Government at the last election. This Government will build prisons, but as he knows, we cannot build our way out of the prison capacity crisis. We must consider other measures as well, but let me be clear: we will always seek to punish offenders, and prison will always have a place. This Government will build more prison places than the previous one.
Luke Myer (Middlesbrough South and East Cleveland) (Lab)
Mr Peter Bedford (Mid Leicestershire) (Con)
The Lord Chancellor and Secretary of State for Justice (Shabana Mahmood)
The last Government gave the public plenty of reasons to lose confidence in the justice system, including a rising courts backlog and prisons on the edge of collapse. We have already averted a crisis in our prisons, and have raised Crown court capacity to a 10-year high. We are now embarking on reform of our courts and our prisons. The work of restoring confidence in the justice system has started. It will, of course, take some time.
Mr Bedford
Jason Hoganson was wrongly released under the Government’s early release scheme. Last week, he was convicted of assaulting his ex-partner just a day after he was freed under that botched scheme. Does the Secretary of State agree that this shocking case, and cases like it, continue to undermine the public’s trust and confidence in our justice system?
Shabana Mahmood
What undermines confidence in the justice system is running out of prison places, which is the inheritance the Conservative Government left for this Government. That is the mess that we are cleaning up. The hon. Gentleman will also be aware that the previous Government’s end-of-custody supervised licence scheme was also an early release scheme, but without any of the measures on accountability and transparency, or the wider set of exclusions, that that we introduced with the SDS40 scheme.
Jonathan Davies (Mid Derbyshire) (Lab)
On Friday, I met my constituent Hayley Johns. She has given me permission to share her story in this place. Hayley was a victim of domestic abuse and actual bodily harm perpetrated by an ex-partner. I was absolutely shocked to hear her story. Her ex-partner was convicted for three years for his crimes. However, he is being considered for release after serving just three months. Does the Justice Secretary agree that given the legacy of the previous Government, we need to redouble our efforts, and the efforts of this Government, to improve confidence in the criminal justice system? Can I please ask her to take a personal interest in this case?
Shabana Mahmood
I will happily look at the facts of the case. Some of those numbers do not sound like they should be possible, but that could be down to specific factors relating to that case. If my hon. Friend writes to me with the details, I will make sure he has a full response.
Josh Babarinde (Eastbourne) (LD)
Confidence in the criminal justice system can be achieved only if support for victims and survivors is adequately funded, but charities such as Victim Support, whose services I have personally benefited from, have said that for them, the hike in employers’ national insurance contributions amounts to a real-terms budget cut of 7%. Victims need more support, not less. Will the Secretary of State fight to reverse that damaging cut and help restore victims’ confidence in the criminal justice system?
Shabana Mahmood
The hon. Gentleman will be aware of the difficult fiscal inheritance for this Government, and that we have had to make some difficult choices. We received a good settlement from the Treasury at the last Budget, but it is not without its challenges, given the high demand in our system. He will know that we have protected funding for victims of violence against women and girls, including rape and sexual offences. We have sought to protect the most vulnerable victims when making decisions on our victims funding packages.
Sir John Hayes (South Holland and The Deepings) (Con)
The Lord Chancellor and Secretary of State for Justice (Shabana Mahmood)
The right hon. Member raises a very important point on these heinous gangs and the crimes that they commit. The 20 recommendations made by Alexis Jay in her independent inquiry on child sexual abuse were ignored for far too long. The Government are working at pace to respond to them. We will also legislate to make grooming an aggravating factor in the sentencing of child sexual offences, ensuring that the punishment fits these horrific crimes.
Sir John Hayes
As in Bradford last week, where more of the grooming gangsters, largely of Pakistani origin, who raped white girls there and elsewhere were sentenced, the paucity of the Home Secretary’s audit, whereby authorities mark their own homework, was made clear. Will the Justice Secretary agree to a wide-ranging review of these matters with statutory powers? Surely those whose lives have been ruined, and those whose lives may yet be ruined, deserve more than the weak reticence of people with power who refuse to face the facts.
Shabana Mahmood
I hope that the right hon. Gentleman and I have a shared objective in making it clear that there is a desire in all parts of the House to ensure that we face the full facts and that the victims of these heinous crimes receive the justice they deserve. I am sorry to hear that there are concerns in Bradford about the audit ordered by the Home Secretary; I will ensure that they are passed on to the Home Secretary, because, as the right hon. Gentleman will know, these matters fall directly within the purview of the Home Department.
Alex Ballinger (Halesowen) (Lab)
Charlotte Cane (Ely and East Cambridgeshire) (LD)
The Lord Chancellor and Secretary of State for Justice (Shabana Mahmood)
This Government inherited a record and rising Crown court backlog and prisons on the point of collapse, serving as breeding grounds for crime that create better criminals, not better citizens. The work of restoring safer streets in this country will be long and hard, but we are taking immediate action. Since the last Justice orals, we have increased the number of sitting days in the Crown court by 2,000 this financial year and boosted criminal legal aid by up to £92 million a year to get cases moving through the courts more quickly. We have published a 10-year prison capacity strategy, setting out plans to build 14,000 new prison places to ensure we always have the space to lock up dangerous criminals. We launched the Women’s Justice Board, with one clear goal: to send fewer women to prison. We are doing what it takes to deliver swifter justice for victims and punishment that cuts crime.
Charlotte Cane
Ministers have talked quite a bit today about expanded powers for magistrates courts. Could the Secretary of State tell me what additional funding is being made available and what training there will be for magistrates to assist them with this expanded role?
Shabana Mahmood
The changes in relation to magistrates court sentencing powers were made by the previous Government due to prison capacity issues, and they were working well. We have restored those same powers, so I do not think those issues around training are necessarily engaged. However, we will ensure that legal advisers and the full package of measures that magistrates need to fulfil their obligations are in place.
Robert Jenrick (Newark) (Con)
Two weeks ago, three grooming gang members were sentenced at Bradford Crown court for the most appalling rapes of children, but they received only six, seven and nine-year sentences respectively—six years, out on licence in four, for the rape of a child. Does the Secretary of State agree that those sentences are disgracefully short, and will she commit to using the sentencing review to mandate full life sentences for these evil people? If she will, she will have our support.
Shabana Mahmood
We have a shared objective in making sure that these evil individuals feel the full force of the law. I will not comment on individual sentencing decisions, and the shadow Lord Chancellor might wish to reflect on that decision; it is not appropriate to do so, given our collective commitment to the independence of the judiciary. However, as I said in response to earlier questions, we will legislate to make grooming an aggravating factor, and this Government will make sure that victims get the justice they deserve.
Robert Jenrick
I have written to the Attorney General asking him to review those sentences as potentially unduly lenient. Two of the men who were sentenced at Bradford Crown court for grooming gang offences were absent. They are thought to have absconded abroad. Can the Justice Secretary confirm how many grooming gang defendants the Government are currently pursuing overseas and what efforts are being made by the Government with, in this case, the Pakistani authorities, using every lever of the British state to locate these evil men and get justice for the victims?
Shabana Mahmood
I will happily write to the right hon. Gentleman with details on the specific case that he raises. He is right to say that we have international agreements and arrangements with other jurisdictions to ensure that offenders can be brought back to face justice in this country. I am sure that those arrangements are being applied appropriately, but I will make sure that he gets a fuller answer on the case that he has raised.
Lloyd Hatton (South Dorset) (Lab)
Richard Tice (Boston and Skegness) (Reform)
Shabana Mahmood
I agree that we need to do everything we can to remove foreign national offenders from our prisons. Between 5 July 2024 and 4 January 2025, 2,580 foreign national offenders were returned—a 23% increase on the same period in the previous year—and we are currently on track to remove more foreign national offenders this year than at any time in recent years.
Andrew Cooper (Mid Cheshire) (Lab)
Humanist marriage has been legal in Scotland for 20 years but continues to wait to be legalised in England and Wales. The Law Commission made recommendations two years ago on clarifying the law, but when asked to set out a timetable for action, the Minister in the other place could only respond, “in the fullness of time.”—[Official Report, House of Lords, 2 December 2024; Vol. 841, c. 910.]
Can the Minister set out the timetable or, alternatively, say when the Government will make an order to end the long wait for humanist marriage?
Katie Lam (Weald of Kent) (Con)
Shabana Mahmood
The hon. Lady should know there are robust processes in place in government to manage conflict of interest, which were in place under the previous Administration as well, but this is not something that any Government Minister will be giving a running commentary on.
Andrew Rosindell (Romford) (Con)
Shabana Mahmood
The hon. Gentleman raises an important point. We believe that much more can be achieved through the increased use of AI and other digital technology to speed up some of the paper processes that create delays across the criminal justice system. As chair of the Criminal Justice Board, I have asked for a cross-system criminal justice response on this and I will update the House in due course.
Carla Denyer (Bristol Central) (Green)
No doubt we all agree that preventable deaths should be prevented, and tragedies like Hillsborough and Grenfell must not be repeated because we fail to make changes, so what consideration has the Secretary of State given to creating a national oversight mechanism to ensure that lessons are learned from every state-related death?
Shabana Mahmood
The Government will shortly be publishing the Bill that campaigners refer to as the Hillsborough law, which will reflect issues relating to the duty of candour, which this Government are committed to, and I know that campaigners are making representations to the Home Office on the national oversight mechanism that it is currently considering.
David Davis (Goole and Pocklington) (Con)
Can the Secretary of State explain to the House in what circumstances the police and the Crown Prosecution Service are allowed to deny access to evidence, after a trial has concluded, to a defence lawyer who is seeking to appeal, as has happened in the Lucy Letby case and, I believe, in others?
Shabana Mahmood
The right hon. Gentleman will appreciate that, as Justice Secretary, I am not able to interfere in any independent decisions made by the police or the Crown Prosecution Service, but he has made his point and I will ensure that it is dealt with by the appropriate individuals—either the Home Secretary or the head of the CPS.
Nick Timothy (West Suffolk) (Con)
There are serious questions about the transparency of the police, the CPS and the Government in the days and weeks following the Southport attack. In written answers to me, the Government have refused to provide the dates when the Prime Minister was told that Rudakubana possessed ricin and an al-Qaeda training manual. Can the Justice Secretary tell me why?
Shabana Mahmood
The Prime Minister has responded to the other questions that have been raised. The appropriate information was made available at the appropriate time to either the Prime Minister or the Home Secretary. It was right that the Government did not give any commentary that could have collapsed the trial. On the specific charge relating to ricin, that decision required Law Officer approval, which was sought and immediately given.
Mr Will Forster (Woking) (LD)
I know that the Justice Secretary is aware of the tragic case of my constituent Sara Sharif. Will she consider reforming family courts and ending the presumption in favour of parental contact despite the fact that there were safeguarding concerns?