Prisoner Releases in Error

Steve Darling Excerpts

Tuesday 11th November 2025 Commons Chamber

[Mr Lammy]

My hon. Friend is absolutely right: not once did the previous Government make a statement. Even when William Fernandez was released in error under them and went on to commit an horrific crime, not once did a Minister come to this Dispatch Box. Not once did the previous Government release extra detail, which I have done today.

[Steve Darling (Torbay) (LD)]

A Torquay solicitor has recently told me of multiple occasions when there has been a lack of security staff to convey convicted criminals from Newton Abbot magistrates court to prison. On one occasion, one individual started self-harming. On another occasion, an individual waited and then absconding because the building was being locked up—he was later arrested following a machete attack. How often is this happening across the United Kingdom, and what are you doing to stop this failure within the system?

[Mr Lammy]

The hon. Gentleman raises issues that are, in a sense, beyond the prison system. He is right about the delivery mechanism of prisoners from court to prisons. He knows, because it has come up in oral questions in the House, that we inherited backlogs from the Conservative party. He also knows that we are demanding that our police arrest more and bear down on crime. The criminal justice system is phenomenally hot. All this will affect the prison system. That is why we have asked Brian Leveson to look at issues of efficiency, in particular, in relation to the courts backlog. Part of that is the relationship between security and the movement of people from our courts to our prison system.

Sentencing Bill

Steve Darling Excerpts

2nd reading
Tuesday 16th September 2025 Commons Chamber

[Josh Babarinde]

I thank the right hon. Gentleman for his intervention. Speaking as a survivor of domestic and child abuse myself, and as someone who has been hurt in those very contexts, I have significant sympathy and alignment with a lot of what he describes. When I come to the domestic abuse identifier later, I will talk about how I think that should play out when it comes to the presumption against short sentences.

We will be closely monitoring the force of the new identifier through its implementation, and we will continue to make the case for a full aggravated offence of domestic abuse to strengthen the identifier.

Can the Government confirm that they will work with organisations such as Fair Hearing to provide domestic abuse training for judges and magistrates, so that the domestic abuse determinations that they make under clause 6 of the Bill can be informed by domestic abuse survivors’ experiences?

We also welcome measures to introduce a presumption against short sentences, which we know are failing to reduce reoffending. According to Ministry of Justice figures, 62% of people receiving a sentence of 12 months or less go on to reoffend. This compares with a 24% reoffending rate for equivalent suspended sentences. However, there must be an exclusion for domestic abuse offences. For domestic abuse victims and survivors, the respite period—as it is often referred to—represented by a custodial sentence for their abuser is critical. Will the Government commit to excluding any offender convicted of a crime where the new domestic abuse identifier is applied from the presumption against short sentences?

We welcome the reasonable and proportionate use of robust community sentences and licence conditions in the context of the earned progression model, but the Probation Service must have the tools it needs to manage this. I am sure we will hear again that the Government have pledged £700 million to the Probation Service to help enhance its capacity, but how will they resolve the 2,315 full-time equivalent shortfall in probation officers by next spring when those measures are set to be enacted?

On some of the new conditions, the income reduction orders and the additional driving prohibition powers may disincentivise or even inhibit employment, which is a key factor when it comes to rehabilitation and reducing reoffending. How will the Government militate against that unintended consequence of potentially driving up reoffending through those measures?

The recall provisions need to change. It cannot be the case that offenders can benefit from an automatic “get out of jail free” card after 56 days, with no assessment by the Parole Board before re-release. The Bill also threatens the independence of the judiciary from the Government by granting the Lord Chancellor a veto over judge-made sentencing guidelines. That looks like textbook Executive overreach, and it must be reviewed.

On foreign national offenders, the Bill offers placeholders for secondary legislation, which will evade scrutiny by the whole House. Our constituents instead deserve clarity and full parliamentary scrutiny of that matter, and I hope the Minister will commit to providing that.

Beyond that, there is lots missing from this legislation. As the hon. Member for Hammersmith and Chiswick (Andy Slaughter) said, where is the reform on IPP sentences? Where is David Gauke’s recommendation of an independent advisory body on prison capacity? Where are the measures to prevent offending in the first instance and not just to increase the supply of prison places? Where is the statutory footing for the publication of sentencing remarks for those victims of sex offences in perpetuity?

I will ask many more questions throughout the process, but I hope the Government will work with us and with the victims and survivors whose concerns we have all been platforming this evening to make significant improvements in the Bill which fix the criminal justice system that the Conservatives broke, while affording victims the freedom, dignity and welfare they need.

[Steve Darling (Torbay) (LD)]

The police in Torbay tell me that in Paignton and Torquay town centres a number of habitual offenders see a call back to prison as just a professional risk. Does my hon. Friend agree that after years of a lack of investment by the Conservatives, we need to see investment in rehabilitation to help keep those individuals on the straight and narrow?

[Josh Babarinde]

I completely agree with my hon. Friend, and I refer to the comments I made on recall. As someone who spent their career setting up an organisation that supports young ex-offenders out of crime and into employment, I know that investment in rehabilitation is key. Rehabilitation prevents reoffending, and preventing reoffending prevents victims, reducing misery and improving lives.

I hope the Government have heard loud and clear where we stand on this issue. We stand ready to work with them to improve the Bill.

Oral Answers to Questions

Steve Darling Excerpts

Tuesday 10th September 2024 Commons Chamber

[Mr Jonathan Brash (Hartlepool) (Lab)]

10. What steps she is taking to tackle the court backlog.

[Steve Darling (Torbay) (LD)]

25. What assessment she has made of the implications for her policies of the backlog of cases in courts.

[The Minister of State, Ministry of Justice (Heidi Alexander)]

It is good to be back. Mr Speaker.

The Government are committed to reducing caseloads and bringing waiting times down for court users across all jurisdictions. We continue to keep 18 Nightingale courtrooms open across eight venues, so that we have more physical capacity to hear cases in all jurisdictions. We plan to sit more than 105,000 days in the Crown court and more than 102,000 days in the family court this financial year, enabling us to work through as many cases as possible.

--- Later in debate ---

[Steve Darling]

Torquay magistrates court closed in the last decade, and therefore justice is served somewhat distantly from our communities in Torbay. Can the Minister assure the House that there will be some reviews to ensure that justice is served more locally to our communities in south Devon?

[Heidi Alexander]

I may be having another meeting, with the hon. Gentleman, as well as looking at the court in Chorley, and I am happy to discuss that matter with him.