Sentencing Bill

Zöe Franklin Excerpts

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

[Luke Taylor]

I congratulate the hon. Member for Wolverhampton West (Warinder Juss) on his clear and comprehensive explanation of the flaws of short sentences. The right hon. Member for South Holland and The Deepings (Sir John Hayes), who is no longer in his place, gave us some insight into why we have ended up in such a mess: Government modelling was not able to reconcile the removal of prison places with rules for increased sentences. The result was more demand for prison places. The net figure of 482 prison places gained since 2010, given by the hon. Member for Carlisle (Ms Minns), shows the utterly damning mistakes that were made during the Conservatives’ time in government.

I will speak in favour of new clauses 6 and 39. In Christmas 2021, Lillie Clack’s family were woken by police, informing them that Lillie had been involved in a traffic accident on Christmas morning. It was caused by a driver under the influence, who was speeding at up to 100 mph, and who failed to stop for the police. Following the accident, heroic local residents rushed to the scene with fire extinguishers, but sadly Lillie died in hospital three days later. Lillie’s family have campaigned tirelessly since then for Lillie’s law, which would result in licences being suspended immediately upon a charge, and a lifetime ban from driving when drivers are convicted of causing death by dangerous driving or by careless driving.

I speak in favour of new clause 6, tabled by the hon. and gallant Member for Huntingdon (Ben Obese-Jecty), which would apply the lifetime ban, and in favour of new clause 39, tabled by my hon. Friend the Member for Chichester (Jess Brown-Fuller), on the suspension of a person’s driving licence while they are on bail for a driving-related offence. Together, those new clauses would deliver the objectives of Lillie’s law and provide both punishment and deterrent for those who step into a car under the influence, or who do not take the care that is required when driving, which is a privilege, and not a right.

I will speak briefly in favour of new clause 30. I encourage hon. Members from across the House to support the long-overdue resentencing of all prisoners currently held under a sentence of imprisonment for public protection. At the end of 2024, more than 2,000 people were held under an IPP, which is an ongoing scandal and a tragedy for those individuals. The Government claim that the jail terms are a grave injustice, but they are failing to move quickly enough. This new clause would force them to act. As the hon. Member for Hammersmith and Chiswick (Andy Slaughter) so clearly explained, there is a need for action, so I hope his colleagues can be persuaded to support new clause 30, in the absence of another measure to address the issue, which is badly required.

Finally, I will mention new clause 40, on the provision of training during the period when an individual is on remand. We must enable rehabilitation wherever possible. Even if the new clause is not taken forward today, I join colleagues and the hon. Member for Congleton (Sarah Russell) in encouraging the Government to look at the current situation.

[Zöe Franklin (Guildford) (LD)]

Justice must be capable of learning from its mistakes. When the law evolves, it must reach back for those left behind. That is the principle behind new clauses 22 and 23, which I tabled.

The new clauses would create a fair route for people still serving sentences under laws that have since been abolished or where the legal basis has materially changed. They would allow courts to review such cases so that punishment reflects the law as it stands today, not as it stood decades ago. At present, there is no clear mechanism for that to happen. Even when Parliament or the courts have recognised that a law was wrong, those affected have no way to benefit. Our system can acknowledge injustice, but it cannot yet fix it. We see that most clearly in the case of Alex Henry, whose sister is my constituent. She has campaigned tirelessly on this issue, and she and Alex’s mum are in the Gallery today.

Some 11 years ago, Alex was convicted of murder after a 40-second altercation. He did not wield the weapon; he threw a phone and one punch, then ran. He was convicted under the now discredited doctrine of joint enterprise, which allowed juries to convict if a defendant merely foresaw what someone else might do. Two years later, the Supreme Court ruled that that interpretation had been wrong for more than 30 years. Foresight is not enough for guilt—intent must be present—yet Alex remains in prison, serving a life sentence with a minimum term of 19 years for a crime that he would not have been convicted of under today’s law.

[Monica Harding]

Alex’s mother, Sally, is a constituent of mine in Esher and Walton. She shared Alex’s story in one of my surgeries, so I am very pleased that his story is being considered today in Parliament. The new clauses put forward by my hon. Friend will help to ensure that people such as Alex have a route to justice. Sally is battling on behalf of her son against a law that is obsolete. All of us can only imagine how heartbreaking and frustrating that is and the unfairness of what my hon. Friend has described. I urge Members across the Committee to support the new clauses so that there is a course to justice.

[Zöe Franklin]

This is indeed a highly significant issue, which is why I have put forward the new clauses.

Since his conviction, Alex has been diagnosed with autism, a condition that fundamentally affects how he perceives and reacts to social situations. That diagnosis raises serious questions about whether it was even fair to suggest that he could have foreseen a friend’s violent act, let alone intended it. Alex’s story is not unique. Many others—overwhelmingly young men, disproportionately from minority ethnic backgrounds—remain imprisoned under a doctrine that our highest court has disowned.

I recognise today Joint Enterprise Not Guilty by Association—JENGbA—whose members have worked tirelessly for more than a decade to support families and campaign for reform. Many of them, and the families of those affected, are also here in the Gallery. I place on record my gratitude for their courage and persistence in seeking justice. I also thank the hon. Member for Liverpool Riverside (Kim Johnson) for her support this afternoon.

New clause 22 would allow people still serving sentences under laws that have materially changed to apply for a review. It would give courts discretion to resentence in line with the law as it now stands or to make any other order necessary in the interests of justice. This is not about reopening every case or granting automatic releases; it is about restoring fairness. New clause 23 would complement that by requiring the Secretary of State for Justice to review and report to Parliament on how changes in criminal law affect existing convictions and sentences. It would ensure that when the law evolves, we look back and ask what the changes mean for the people already affected. This is not just a moral necessity, but a practical one.

We face a severe crisis in our prisons, which are overcrowded, understaffed and at breaking point. It makes no sense to fill cells with people serving sentences under laws that no longer reflect justice, while those who genuinely threaten public safety wait for space. We need prison places for those who are truly dangerous, not for those who were simply in the wrong place at the wrong time under the wrong law. The Secretary of State for Justice has long recognised the injustice of joint enterprise. In 2021, he called it “shoddy law”, “outdated” and “backward”, and pledged to change it. Families across the country, including many in the Gallery, remember that promise; today’s Bill gives the Secretary of State and the Government the chance to make good on it.

The new clauses provide a practical, proportionate and fair way to ensure that our justice system can correct itself when the law gets it wrong. As such, my ask today is for the Secretary of State and the Government to champion these clauses from the Government Benches. Work with me and campaigners to refine the detail if needed, but do not let the principle fall away, because the strength of our justice system lies not in its perfection, but in its capacity to put right its own mistakes. For Alex Henry, for the families in the Gallery today, and for everyone who is still serving a sentence under a law that our courts have already rejected, I urge all Members on both sides of the Committee and the Government to support new clauses 22 and 23.

[Jake Richards]

I begin by thanking all those who have contributed to this important debate about sentencing policy and the future of our criminal justice system. Before I turn to the specifics of various amendments, there are two overarching principles that inform this piece of legislation and the Government’s position today. The first is the legacy that this Government inherited from the Conservative party, with prisons at breaking point, the risk that the most serious offenders would avoid arrest or custody altogether, and the need for emergency action to release offenders early to avoid the prison system collapsing. That was the conclusion of 14 years of Tory failure. Alongside the largest prison building programme since the Victorian era, this Sentencing Bill fixes that mess—under this Government, never again.

Secondly, while we stabilise the system that was so shamefully vandalised by the previous Tory Government, we can build a better justice system—one that protects the public and reduces reoffending. This Government will prioritise punishment, but punishment that works, not the broken system we have today. That is why we are introducing important measures on short custodial sentences, which robust evidence shows will reduce offending, save the taxpayer money and assist with the prison capacity crisis. Fixing the mess we inherited and building a more robust and effective justice system are at the heart of today’s Bill.

I turn to the amendments tabled by the official Opposition and the shadow Justice team. I am simply aghast at the chutzpah of the Conservative party on justice issues. The piece of legislation we are considering is only before the Committee today because of the mess that the Tories left behind. Whereas they turned their backs on the mounting crisis, this Government will not shrink from the challenges we face, however difficult they may be.

Amendment 24 would undermine a central purpose of the legislation, which is to solve the Tory prisons capacity crisis. Let me be absolutely clear: what victims of crime and our communities fear the most is the situation the Tories left behind, in which criminals—murderers, rapists and child abusers—might not face prison at all because the Tories left our system teetering on the brink, without the capacity to lock up even the most serious offenders. We will not apologise for the measures in this Bill that clear up their mess.

The inspiration for the changes that the Tories oppose is the earned progression model from Texas, where crime has been slashed by improving rehabilitation and cutting reoffending. Tackling reoffending and boosting efforts to rehabilitate offenders used to be Conservative policies; indeed, the shadow Justice Secretary, the right hon. Member for Newark (Robert Jenrick), who is not in his normal place, used to believe in rehabilitation and initiatives to cut reoffending. Eight years ago, when I think he was still a one-nation Cameroon, he argued that

“the statutory definition of the purpose of a prison”

should

“include rehabilitation and reform”.—[Official Report, 19 July 2017; Vol. 627, c. 850.]

Now he opposes every single measure in this Bill that furthers that cause. He was a moderate; now, he is a pound-shop populist. One wonders whether he believes in anything other than his campaign to become Leader of the Opposition—simply not serious, Madam Chair.