Sentencing Bill

Warinder Juss Excerpts

Committee of the whole House
Tuesday 21st October 2025 Commons Chamber

[Esther McVey]

My right hon. Friend is absolutely right that this Bill removes a deterrent.

Repeat knife offenders are supposed to get a mandatory immediate custodial sentence of six months, minimum—not a guarantee, effectively, that they will evade prison because their sentence is 12 months or less. Why would anyone think twice about carrying a knife if they know that they will not see the inside of a cell, and that the courts will be powerless to send them to prison?

[Warinder Juss (Wolverhampton West) (Lab)]

I understand and appreciate the effects of knife crime; we have all had cases in our constituencies that demonstrate the devastation that it causes. Does the right hon. Member agree that we should focus on rehabilitation, and on preventing people from carrying knives? Education on this issue is important. It is the way forward in ensuring that knife crime is decreased.

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[Sir John Hayes]

No, I do not. I congratulate the hon. Gentleman on using the word “appreciated” exactly as in its dictionary definition. I did appreciate his sartorial style, but that is not to say that I either admired or approved it. [Laughter.]

In respect of David Gauke, who is a former colleague and was commissioned to produce that report, I do not agree in essence with it. I am more inclined to agree with the analysis of the shadow Justice Secretary, the right hon. Member for Newark (Robert Jenrick) and my hon. Friend the Member for Bexhill and Battle. There is a huge mistake in assuming that incarceration is not of itself beneficial—to deal with the simple issue of recidivism, people cannot do harm when they are locked up. By far the best and most straightforward way of dealing with recidivism is to take people out of harm’s way, and by that I mean taking them out of doing harm.

If someone has committed a very serious crime, such as rape, murder or very violent assault, locking them up means they will not do it again. Releasing them means, too often, that they will; the statistics speak for themselves. If the Government want to really deal with recidivism, they should do three things: increase the number of whole-life sentences, raise the minimum sentence for a whole range of crimes and raise maximum sentences. To do that, they have to build more prisons. The mission I give to the Government is that they jettison the Bill before it does harm, think about how they can devise and deliver alternatives to that and be bold in making a case for a retributive system of criminal justice in a way that so few people have for so long.

[Warinder Juss]

As a member of the Justice Committee, it is a privilege to speak in support of the Bill. I welcome the much-needed reform that it will bring to our courts and prisons system. I wish to speak in support of clause 1 and amendment 36, relating to sentences of 12 months or less, tabled by my hon. Friend the Member for Colchester (Pam Cox).

We are well aware in this House of the disastrous situation our prison system was left in by the previous Government and I am proud that this Government are now confronting the crisis head on. We are committed to not just short-term fixes, but long-term reform. The Bill will tackle the root causes of the issues that lead to the crisis in the first place and rebuild a justice system that delivers fairness, safety and accountability to all in society. Amendment 36 will do more than just reduce the pressure on our prison system; it will represent a vital cultural shift, placing rehabilitation and reintegration at the heart of our sentencing system.

Since becoming an MP, I have visited several prisons and one thing that has become clear is how easy it is to fall into the reoffending cycle, especially for those who are serving short sentences. A minor offence can lead to a short prison sentence that can affect a prisoner’s entire life. They leave prison and they have no home, no connections and no job. When they are released from prison, they have no option but to fall back into the same behaviours that put them in prison in the first place.

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[Mr Calvin Bailey (Leyton and Wanstead) (Lab)]

My hon. Friend is making a powerful point about amendment 36. It is imperative that when we look at improving the system as a whole, we understand the pressures that we are placing on our courts, including Snaresbrook criminal court in my constituency. Does he agree that it is imperative that this should be a facet of all the changes we hope to bring about?

[Warinder Juss]

I have visited Snaresbrook Crown court and I understand exactly what my hon. Friend is saying. He makes a valid point. The pressures on our courts system and our prison system are all interlinked.

It is important that victims get the justice they deserve, that the courts are able to deliver it and that offender rehabilitation does not come at the cost of victim confidence. However, we must recognise that short-term prison sentences all too often do not work and instead merely cause disruption to people’s lives and kick-start a cycle of reoffending. Where the courts believe that justice is better served through community rehabilitation, we must empower them to do put that in place. Amendment 36 would require judges also to consider whether a community sentence was better than a prison sentence or a suspended prison sentence.

I am proud to support this Bill because it centres on victims and allows them the protection and dignity that they deserve. The Bill and the amendment will also allow those on trial a proper consideration for rehabilitation and an opportunity to make amends and have a better life. I urge Members to support clause 1, to support amendment 36 and to support the Bill. It is a vital and crucial step forward for our courts, our prisons and our communities, and for a fair justice system that works for all.

[Mr Kohler]

Government new clause 1 seeks to strengthen the deportation framework by making it available to those given a suspended sentence. I urge the House to pause before we simply nod it through. It may be politically attractive to say that we are toughening deportation powers, but in practice the change risks blurring the distinction between the offenders who pose a genuine threat to the public and those who do not. A suspended sentence is imposed precisely where the court believes that immediate custody is not necessary for justice or public safety. To treat those individuals like those who have served time in prison lacks logic and may well invite legal challenge.

My concern is that we are legislating in haste, as seen in today’s Committee of the whole House, and layering new powers on a system that already fails to use effectively those that it already has. Instead of focusing on headline-grabbing amendments, we should be fixing the operational chaos in the Home Office that allows people to slip through the cracks in the first place, as we have seen in my constituency; the notorious Wimbledon prowler has recently been released but not deported, despite the Home Office vowing to deport him when he was sent down in 2019. What assessment have the Government made of the likely number of offenders who will be deported under the expanded definition, and how will the Home Office ensure that deportation decisions made under the broader power remain compliant with article 8 rights and do not clog up the courts with appeals that could delay the removal of genuinely dangerous offenders?