(3 days, 19 hours ago)
Commons Chamber
Sarah Sackman
My hon. Friend is right: at the heart of the considerations that we must make as we bring our justice system, reformed and rebuilt, into the 21st century, are victims. This is all about delivering swift justice for victims, because what our constitution guarantees is not a constitutional right to a jury trial, but a constitutional right to a fair trial. The essential ingredient of fairness is timeliness, not waiting years while evidence deteriorates, memories fade, and victims and witnesses alike pull out; it is about getting swift justice. When I talk about reform of the system, of course I listen to important stakeholders who lead our professions, and of course their opinion counts, but my interest is in having a criminal justice system that serves the public, not one that serves lawyers.
Warinder Juss (Wolverhampton West) (Lab)
The Opposition are keen to rely on Magna Carta to defend jury trials, but Magna Carta also states that justice should not be delayed. Sir Brian Leveson reported that jury trials are taking twice as long as they did in 2000 because criminal cases are now much more complex and can involve thousands of pages of electronic evidence. We are putting more pressure—financial and otherwise—on jurors, and it is now much more difficult to support and guide them. There is clearly a case for reform. I understand that one recommendation made by Sir Brian Leveson was to have jury trials replaced by a judge and two magistrates, so could that be a possible compromise to reduce the delays?
Sarah Sackman
My hon. Friend is right to say that the nature of crime and of the evidence presented is altering the way our criminal justice system works, but let me provide this reassurance to the House: as well as modernising and rebuilding our justice system, these measures are designed to protect jury trials for the most serious cases. As I have said, many of those trials are becoming compromised, with many victims of the most serious crimes waiting years for justice. It is right that when we ask jurors to do the most important civic duty, we use their time wisely. Does it make sense that the queue of the victim of rape or of a homicide is shared with someone who has stolen a bottle of whisky and who could be dealt with by a lay magistrate who, by the way, introduces the lay and democratic element into our courts?
(5 days, 19 hours ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
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Warinder Juss (Wolverhampton West) (Lab)
Any prisoner absconding is, of course, bad news and something that should not happen, but does the Minister agree that it is a symptom of the broken-down prison system that we inherited from the previous Government and something that we are now trying to sort out? Can she confirm that the rate of prisoners absconding is lower under this Government than it was under the previous Government?
My hon. Friend is right: the levels are decreasing. That is due to the strong and robust frameworks on absconding prisoners that we are putting in place. We inherited a prison system on the brink of collapse and took immediate action days after coming into office to stabilise our prisons. We are bearing down on releases in error, which have caused huge upset and concern to victims and can put the public at risk. I state again at the Dispatch Box that that is wholly unacceptable. We have introduced mandatory stronger release checks to catch those errors before they happen, as that is the most effective way of protecting the public, and Dame Lynne Owens is examining the causes of releases in error.
Abscondment numbers are coming down. I am proud of the work that has been done. Any abscondment is one too many and we are working to bring that number down even further.
(3 weeks, 4 days ago)
Commons Chamber
Warinder Juss (Wolverhampton West) (Lab)
The Minister for Courts and Legal Services (Sarah Sackman)
The Government inherited a justice system in crisis. Whether for a family experiencing family breakdown, small business owners trying to resolve contractual disputes or victims of crime, we inherited a system in crisis in every jurisdiction. We are beginning to turn that oil tanker around. We are sitting at maximum or close to maximum capacity in every single jurisdiction, while investing up to £450 million in our courts every year.
Warinder Juss
Justice delayed is justice denied is the harsh reality for the nearly 80,000 cases that are currently waiting to be heard in the Crown court. I am pleased that the Government are taking action to modernise our justice system and to be reassured that the sanctity of jury trials will be preserved. Considering that only 3% of criminal cases are currently tried by a jury, what assessment has the Minister made on the impact that removing jury trials from certain either-way offences will have on significantly reducing the present unacceptable court backlogs?
Sarah Sackman
My hon. Friend raises a number of incredibly important points. Behind each and every one of those 80,000 cases in the backlog is a victim, as well as someone who is accused who may be trying to clear their name. As the backlog heads in the wrong direction, with agonising delays for all participants, we will not sit idly by. That is why we have adopted the recommendations of the independent review of criminal courts. It makes the important observation that 90% of cases in this country are currently dealt with robustly, properly and in a timely fashion without a jury in our magistrates courts. The whole package of reforms that we are bringing forward, which is not a pick-and-mix, is designed to deliver swifter justice for victims.
(1 month, 1 week ago)
Commons Chamber
Warinder Juss (Wolverhampton West) (Lab)
I welcome the proposals to tackle the court backlogs and delays, which the previous Government did nothing to address. Will the Secretary of State please confirm that this Government will preserve the sanctity of jury trials, and that the proposed changes relate only to some either-way offences—those that are considered to be less serious and can therefore be properly dealt with by magistrates, who already deal with 90% of criminal cases?
Yes, I can. For every victim of a crime, the crime is serious, but the decisions that I am announcing at the Dispatch Box are about the length of sentences—about asking our magistrates to go up from one year to 18 months, and asking the new division in the Crown courts to deal with sentences of 18 months to three years.
(1 month, 3 weeks ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
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I thank the Liberal Democrat spokesperson for his questions and for the constructive way in which he asks them. He is right to highlight the chronic underfunding of our Prison Service and our criminal justice system over 14 years of Tory austerity. He is right that if there is a dereliction of the duty to look after our criminal justice system, this, sadly, is the result. We are slowly beginning to pick up the pieces of what was left of our criminal justice system when we came into office 18 months ago, and this is yet another example of how the previous Government failed to keep us safe and failed to invest in our Prison Service. This is the result.
We realise that more needs to be done and we are committed to doing it. I pay tribute again to the brilliant prison staff and prison officers who work in intolerable conditions. We are committed to investing in them to make sure they are safe, as I have stated, with effective body armour and better training. We are listening to them and to the governors of prisons directly about what they need, because they are the best people to identify the needs on the ground, and we are seeking to provide reassurance. I extend a hand across the aisle and offer to work with the Liberal Democrat spokesperson and his party to ensure that we get this right for the sake of everyone.
Warinder Juss (Wolverhampton West) (Lab)
The European convention on human rights has safeguarded the lives and rights of many people. Will the Minister please tell the House what the Law Society of England and Wales thinks about the Conservatives’ plans to leave the ECHR?
My hon. Friend makes a valid point. In the past, the convention has served the victims of John Worboys, the families of the 97 killed in the Hillsborough disaster and British troops who died in Iraq, and it underpins the Good Friday agreement. It is frankly astonishing that the Conservative party, after 14 years of failing to do anything on the ECHR, seeks for us to withdraw from it, when the only other country to do have done so is Russia under Vladimir Putin. Is that the company the Conservative party wants to keep?
We are working to ensure that our referral process is robust, and we are strengthening our ability to defend against any legal challenges. Specialist staff continue to assess referrals rigorously, and placements are made only when the criteria are met, but to answer my hon. Friend’s question specifically, the Conservative Government, as we have already heard, left our prisons at breaking point. They were at 99% capacity, and the Law Society of England and Wales has stated that the answer to that is not leaving the ECHR.
(1 month, 4 weeks ago)
Commons ChamberI say to the hon. Lady, who reflects on the releases in error, that 57,000 people are released from prison every year. I am sure that, like me, she will commend the good work of prison officers and those in offender management units across our prisons, who do a very difficult job in very difficult circumstances.
The hon. Lady refers to the complexity. The last Government kept expanding their emergency release scheme—from 18 days to 35 days, and then to 70 days. In 2021, a review found 503 pages of guidance that staff had to follow for early release. It is a paper-based system. I cannot stand here as Secretary of State and say that we can eradicate all human error in a paper-based system, because we cannot. The only way to deal with it is to use technology to bring those levels down to something that the House would think is acceptable. I want to see the figure come down to historic levels over the course of this Parliament. It will of course take further investment, but I hope that the £10 million investment in the new digital team, and indeed the support that we are now offering between courts and prisons, will make a substantial difference.
The hon. Lady asks me what I am doing. I am delivering a new justice performance board, Dame Lynne Owens’ review, the urgent query process that I have outlined, the digital rapid response system and, of course, a simplified release policy, which is effectively what will come out of the Sentencing Bill.
Warinder Juss (Wolverhampton West) (Lab)
Does my right hon. Friend agree that wrongful releases of prisoners will have caused a lot of distress and anxiety to the victims, their families and others? Does he also agree that we inherited a prison system that was in complete chaos and in such major breakdown that, although we are now taking the appropriate action to sort out the prison system and to prevent wrongful releases, this is going to take some time?
My hon. Friend is absolutely right, and I think the public recognise that. They might not have visited our prisons, but they know that cuts in our public services are real. They see it in their local authorities. They see it in their local hospitals. They see it in their local schools. They know that things like Sure Start were decimated. I am afraid that our Prison Service, which the public do not see, was one of the worst-hit public services.
It is my job to minimise that risk to the public, which is why I am introducing new measures and have asked Dame Lynne Owens to look at this issue very carefully. She is a former head of the National Crime Agency, and I know she will do a forensic examination. I will implement her recommendations so that we can bear down on this problem, but it is a paper-based system. Coming into this job, I did not realise that it was a paper-based system. I am not sure that the shadow Justice Secretary has realised that since he has been doing his job, but former Conservative Justice Secretaries know that it is a paper-based system, and they know that that is why errors happen.
(2 months ago)
Commons Chamber
Ben Obese-Jecty (Huntingdon) (Con)
Warinder Juss (Wolverhampton West) (Lab)
Tackling violence against women and girls is a top priority for this Government. We will deliver a cross-Government, transformative approach underpinned by the new strategy, which we aim to publish as soon as possible. This strategy is overseen by the violence against women and girls ministerial board, the safer streets mission board and regular stocktakes by the Prime Minister. This structure holds the Government Departments to account.
Yes, I can absolutely give the hon. Gentleman that assurance, and I would be more than happy to meet him to discuss these matters and see where we can go forward together. The delay is being caused by the fact that the work will be completely cross-governmental; we must ensure that the allocations processes, and all the things that go on in Government Departments, are as good as they possibly can be, because the National Audit Office reports about previous VAWG strategies have left a lot to be desired, and I do not want that to happen again.
Warinder Juss
In the last couple of months the west midlands has seen a spate of racially motivated attacks on women of colour, including rapes of Sikh women, who now tell me that they are scared to walk on our streets or use public transport to go to work. Does the Minister agree that there is no place in Britain for any kind of racial hatred and that these crimes must be punished to the full extent of the law? What assurance can she offer women and girls in my Wolverhampton constituency that they will have the full protection of the police and the authorities so that they can feel safe?
I thank my hon. Friend and Birmingham constituency neighbour and share his real concern about a spate of what appear to be instances of racially motivated sexual violence. All I can say is that some of these cases are sub judice and charges have been laid, but I absolutely assure him that I have spoken to organisations that work on the ground with black and minoritised women to ensure that we do everything we can, along with the police and other agencies, to make sure that women where he and I live feel safe.
(2 months, 2 weeks ago)
Commons Chamber
Warinder Juss (Wolverhampton West) (Lab)
It is deeply concerning that a dangerous criminal was released on to the streets—that should not have happened—but I thank the Deputy Prime Minister for his honest assessment of what happened and for acknowledging that it was wrong. Does he agree that we are dealing with 14 years of Tory neglect with overcrowded and understaffed prisons, and that when things go wrong—as they have done—it is essential that we take swift and decisive action so that the public’s trust in the justice system is maintained, and that that is exactly what we are doing now?
I am grateful to my hon. Friend. The truth is that, under this Government in our first year in office, more than 5,100 foreign national offenders were removed from this country. We have removed 2,500 more from prison than in recent times. Under the last Government, there were 800 releases in error and no full independent investigation. That is the truth. It is on this watch that we are going to change that.
(2 months, 2 weeks ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
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As I think I set out in the statement, there are problems all along the line. There are problems with representation. There are problems with access. There are problems with systems remaining on paper when they should have been put online long ago. It might therefore be thought that the physical state of the buildings is a lower priority. In reality, it is not, because it affects recruitment and the efficiency of the court, and it means that, over a period of time, courts become toxic places to work. That is why I went out of my way to praise the court staff, because they are doing an excellent job in very difficult circumstances. None of us wants to work in a sick building.
I hope that the Government will address this, and that we will find out how much capital money is going to the county court. The Minister may be able to tell us that to today. Certainly, the problem has to be tackled. That is true in the magistrates and Crown courts as well, but particularly in the county courts.
Warinder Juss (Wolverhampton West) (Lab)
I previously worked in the county court system, and the problem that my hon. Friend has highlighted is a long-standing one. The Government have accepted that the county court is where most of our constituents access the justice system. Does he agree that the county court cannot carry on as it is at the moment and that we need a fundamental reform of the system, which must involve a systematic and comprehensive review of its operations, because it is crucial that our constituents have access to swift and fair justice?
A fundamental review was attempted under the last Government, which involved closing many county courts around the country. We were told that the money released from the sale of those courts would go either into the maintenance of the rest of the estate or, more probably, into the reform programme, and so lead to digitalisation of the system. We have seen all the court closures but not the improvement in service that was supposed to result, so unfortunately here we are.
I used the Master of the Rolls figure of 23% for the amount of digitalisation that has occurred. It is key to a 21st-century system of civil justice, and that is why I am glad that the Government have looked at the future for digitalisation. I hope they will tell us that there is a clear and realistic path to achieving that, because it is where we need to go. It is ridiculous to be running a paper-based system in the 21st century. It is inefficient, it is costly and it is not providing justice.
(2 months, 2 weeks ago)
Commons ChamberMy 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.
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.
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?