Criminal Justice System: Capacity

Debate between Shabana Mahmood and Jim Shannon

Thursday 17th October 2024 Commons Chamber

[Shabana Mahmood]

My hon. Friend is absolutely right. Cases are taking too long to reach conclusion in our courts. We are making some changes, and I am considering what further ones we will need to make. There is an important piece around efficiency and productivity in the court system, and there have also been reports by Lord Justice Auld, Lord Leveson and others on other ways to speed up trials being heard. All those options are on the table, and I will update the House in due course about this Government’s approach.

I simply reiterate my remarks on the data: when it is finally published, it is important that we can be certain that it is accurate and properly captures what is going on in our Crown courts and that we can all have confidence in it. In fairness, the last Government did pick up on this problem. I am determined that it will be resolved and that the data will ultimately be published.

[Jim Shannon (Strangford) (DUP)]

I thank the Secretary of State for her very welcome statement. There is a clear commitment to the change that is necessary. She will note that I nearly always focus on victims, so will she outline what weight is given to victim impact statements, and whether there is a need to determine in law how much weight is given to the impact on devastated families? I always think of the devastated families—they are the ones who are really important.

[Shabana Mahmood]

Let me reassure the hon. Member that we place great importance in the victim’s experience. This Government will strengthen that further and ensure that victims are not further traumatised by their experience of seeking justice. Victim impact statements have an important role to play. The victims Minister, my hon. Friend the Member for Pontypridd (Alex Davies-Jones), recently met Victim Support and other groups. This is a really important piece of work for the Government, and I know the hon. Member will hold us to account on our track record. I am very aware of the impact of delays in the system on victims, which is why we are making the changes today. We will make more progress to bring those delays down.

Criminal Law

Debate between Shabana Mahmood and Jim Shannon

Thursday 25th July 2024 Commons Chamber

[The Lord Chancellor and Secretary of State for Justice (Shabana Mahmood)]

I beg to move,

That the draft Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024, which was laid before this House on 17 July, be approved.

Following my announcement on Friday 12 July and an oral statement to the House last Thursday, Members will know that our prisons are in crisis. The male prison estate has been running at around 99% capacity for 18 months. We now know that my predecessor warned 10 Downing Street of the perils of inaction, but rather than addressing the crisis, the former Prime Minister called an election and left us a time bomb, ticking away.

If we do not act now, and that bomb goes off, our prisons will reach full capacity and the justice system will grind to a halt. The courts would have to stop holding trials and the police would be unable to make arrests. With criminals free to act without consequence, the public would be put at risk. If we do not act now, this nightmare will become reality by September.

We have explored all the options available to us. In the precious little time we have, we cannot build more prisons or add more prison blocks, and we cannot fit out an existing site to make it secure enough to hold offenders. Although we are deporting foreign national offenders as fast as legally possible, we cannot do so quickly enough to address the crisis. Although we must make progress on the remand population—those who are in prison while they await trial—such measures take time we do not have. That has left us with only one option to avert disaster.

The statutory instrument that we are considering today will change the law so that prisoners serving eligible standard determinate sentences will have their automatic release point adjusted to 40% rather than 50% of their sentence. That will mean that around 5,500 offenders will be released, in two tranches, in September and October. They will leave prison a few weeks or months early, to serve the rest of their sentence under strict licence conditions in the community. Thereafter, all qualifying sentences will continue to be subject to the new 40% release point.

Let me turn now to the detail of this legislation, the sentences that qualify for this measure, and those that do not. First, this change applies to both male and female offenders. This is a legal necessity and addresses the pressure in both the male and female prison estate. Although this measure does not apply to those serving in the youth estate, where capacity pressures are less acute, it does apply to a few individuals serving sentences under section 250 of the Sentencing Act 2020. Most of those serving these sentences are serving long terms that are excluded from the measure, as I will go on to explain. However, a few are in scope, and are included because they are likely to end their term in the adult estate.

The provision also includes those on a detention in a young offenders institution, and 18 to 20 year-olds who are held in adult prisons. As such, both contribute to the capacity crisis. As the measure must balance addressing the crisis in our prisons alongside the need to protect the public, certain sentences will be excluded. The worst violent and sexual crimes, which are subject to a 67% release, will not be eligible. Neither will violent offences subject to a sentence of four years or more under part 1 of schedule 15 to the Criminal Justice Act 2003. Sexual offences will be excluded, including offences related to child sexual abuse and grooming. We will exclude a series of offences linked to domestic abuse, including stalking, controlling or coercive behaviour and non-fatal strangulation.

National security offences under the Official Secrets Acts and National Security Act 2023, and offences determined to have been carried out for a foreign power, will also be excluded, as will serious terrorism offences and terrorism-connected offences, which remain subject to a 67% release at the Parole Board’s discretion. So too will terrorism offences, which are currently subject to a 50% release.

[Jim Shannon (Strangford) (DUP)]

I thank the Minister for her statement. I clearly understand the Government’s predicament and the reason for bringing forward these legislative changes, but one matter that I and other elected representatives in this House have had to deal with in recent years is the predicament that victims face of meeting the perpetrator of a crime out on the streets, which brings back enormous trauma. I welcome what the Minister says about some conditions taking precedence in relation to those being released, but can she reassure the victims who are worried about what is happening? We need to have that reassurance on the record in this House. Madam Deputy Speaker, those people are worried and they want to be reassured.

[Shabana Mahmood]

I thank the hon. Gentleman for his intervention. He raises an incredibly important matter. I have had the feelings of victims very much in my mind as I have been forced to make this decision. Nothing in relation to the victim notification scheme or the victim contact scheme will change as a result of these measures. All the usual arrangements will apply and I shall detail some of those a little later in my speech.

Returning to the offences that are excluded, in each case we have excluded specific offences, rather than cohorts of offenders. That is a legal necessity. It is only possible to make this change in law, with reference to qualifying sentences.

In addition to these exclusions, there will be stringent protections in place around any early release. This change to the law will not take effect until September, which gives our hard-working Probation Service a crucial six-week implementation period. Probation officers will therefore have the time they need to assess the risk of each offender and prepare a plan to manage them safely in the community. All offenders released under this policy will be subject to stringent licence conditions. Where necessary, multi-agency public protection arrangements will be put in place to protect the public, as will multi-agency risk assessment conferences, which ensure that victims can be protected.

Victims eligible for the victim contact scheme or the victim notification scheme will be notified about releases and developments in their cases. Offenders will be ordered to wear electronic tags where required. Exclusion zones and curfews will be imposed where appropriate. Crucially, if an offender breaks any of the conditions imposed on them, they can be returned to prison immediately.

Prison Capacity

Debate between Shabana Mahmood and Jim Shannon

Thursday 18th July 2024 Commons Chamber

[Shabana Mahmood]

My hon. Friend is right that we have broad failure across many of our public services, including within the health service. As my right hon. Friend the Secretary of State for Health has said, we have inherited an NHS that is “broken”. I will have conversations with him on the matter that she raises, but it is important, as we try to return the prison system to health, that we do so in conjunction with the other public services that we know are crucial to the proper functioning of the criminal justice service.

[Jim Shannon (Strangford) (DUP)]

Can I welcome the Lord Chancellor to her place and wish her well in the very important role she now has? It is imperative that, when a judge sentences a criminal, consideration of fulfilling justice prevails more than consideration of spaces in prison. How will the Lord Chancellor address the difficulties to ensure that justice and serving an appropriate sentence will remain the focus? The logistics of that can then be dealt with.

[Shabana Mahmood]

The hon. Member is right. In the end, individual sentencing decisions are for judges. They have discretion to apply the law as they see fit in the circumstances of the cases in front of them, and nothing that we have decided changes that picture. More broadly, we will have a sentencing review—it is something we committed to in our manifesto, and I will say more about that later in the year—to make sure that all our sentencing is consistent and coherent, and that our sentences do actually work, which is what they are meant to do.