Question to the Home Office:

To ask the Secretary of State for the Home Department, with reference to her Oral Statement of 18 July 2024 on Prison Capacity, Official Report columns 175-177, if she will commission a review into the adequacy of (a) the Police, Crime, Sentencing and Courts Act 2022, (b) the Public Order Act 2023 and (c) sentencing guidelines for protesters arrested following climate protests.

The Government is currently preparing a report on the operation of a number of the public order measures in the Police, Crime, Sentencing and Courts Act 2022 (PCSC Act). This was a commitment made in parliament when the Act was passed. All other measures in the PCSC Act 2022 will be subject to the standard post-legislative scrutiny period, which will be carried out according to the standard timeframe of three to five years after Royal Assent.

In addition, the previous Government committed to carrying out post-legislative scrutiny of the Public Order Act 2023 two years after it received Royal Assent rather than the usual three to five years, in line with the recommendation made by the Home Affairs Select Committee. That work will begin in May 2025.

Sentencing guidelines are developed by the independent Sentencing Council for England and Wales. The guidelines produced provide the Court with guidance on factors that should be considered, which may affect the sentence given. The Council monitors and evaluates all definitive guidelines, as per its statutory duty to do so. The Sentencing Council is independent of parliament and Government, and therefore set its own workplan; an indicative business plan is published annually online.