House of Commons · Urgent Question
15 May 2025 · 21 other contributors
Opened by Robert Jenrick Con Newark
Summarised by AI from the official record, so it can contain mistakes.
Robert Jenrick raised concerns about recalled offenders sentencing limits 2025-05-15 in the House of Commons. A government minister responded. Other MPs also contributed.
Key points
MPs spoke in turn to share their views and ask questions. Here's what each person said.
Opened the debate
Will the Minister confirm the public safety implications of the Government’s plan to set a 28-day limit on prison sentences for recalled offenders? The MP raises concerns about the impact on prison capacity, the potential risks to public safety, and questions the necessity of the policy given the current situation.
Question
The decision risks the safety of the public and victims' jeopardy. Will the Minister confirm who is exempted from the scheme, clarify whether domestic abusers or sexual offenders will be included, and ensure that anyone in breach of a restraining order is ineligible for fixed-term recall?
Minister reply
We exclude individuals serving more than four years, all those convicted of terrorist or national security crimes, and certain sexual and violent offenders managed by multiple agencies. If further risk information is received post-recall, the offender may be detained longer on standard recall if necessary.
Question
Will the Government consider the development of recall operation over time to address current issues effectively?
Minister reply
The independent sentencing review will report shortly, potentially providing recommendations for addressing the recall population increase.
Question
Will the Minister commit to creating new domestic abuse aggravated offences and introduce a clear plan to reduce reoffending?
Minister reply
We work closely with victims' representatives, including the Victims’ Commissioner, to ensure proper protections. The sentencing review report will provide insights for future policy adjustments.
Question
Does the Minister agree that the long-term effects of previous Conservative policies are overshadowing current efforts to address prison capacity issues?
Minister reply
We acknowledge past challenges, such as the chaos caused by partial privatisation of probation services under former Justice Secretary Chris Grayling. We have already made progress in reforming and strengthening these services.
Question
Why does the Minister think the Domestic Abuse Commissioner arrived at a conclusion warning against this proposed change?
Minister reply
While we respect the Domestic Abuse Commissioner, allowing prisons to reach full capacity would be unconscionable. Exclusions include high-risk offenders managed under MAPPA levels 2 and 3, along with all those convicted of terrorist crimes.
Question
Has the Ministry of Justice conducted an impact assessment for this policy? If so, will it release that to the House as soon as possible? If not, can the Lord Chancellor confirm how she knows what impact the policy will have on victims and the wider public?
Minister reply
We are always alert to the need to assess how policies apply to the wider public and victims. That is important.
Question
This situation is one of the most egregious examples of state failure, a consequence of chaos and incompetence under the previous Conservative government. The Lord Chancellor has stated that current levels of demand make building new prisons insufficient to solve the crisis. Does the Minister agree we need to improve existing prison facilities and invest in probation services to reduce reoffending?
Minister reply
We are improving the prison estate, investing in probation, and expect actions from the independent sentencing review; I agree with everything my hon. Friend said.
Question
Victims of domestic abuse, sexual abuse, and stalking in rural areas are particularly vulnerable due to distance from probation officers and police. What measures will the Minister put in place to support these victims?
Minister reply
Anybody subject to a fixed-term recall will be recalled for 28 days; if their risk is assessed as greater, they will be transferred to standard recall. Probation Service effectively monitors and manages those on licence.
Question
The prison capacity crisis has been years in the making. Does the Minister welcome news that Wayland Prison received planning permission for a 25% increase in capacity, adding 247 extra places? That represents 50% of total additions by the previous government over 14 years; does he agree this shows government delivery after years of inaction?
Minister reply
My hon. Friend is exactly right to point out that planning application going forward; it's excellent news and shows we are cracking on with the job.
Question
Does the Minister accept that reducing deterrent effects of prison return for licence condition breaches may increase such breaches, worsening overcrowding? If so, will he consider increasing deterrents after a 28-day return by extending sentences?
Minister reply
I have carefully gone through exclusions from this measure and emphasised importance of professional bodies applying proper risk assessments; if risk assessments say standard recall is more appropriate than fixed-term recall, that will happen.
Question
It's rich for Conservatives to criticise now when they left the criminal justice system in total meltdown. Does my hon. Friend agree tagging is an important resource for protecting public safety, given Serco’s failure as shown by Channel 4’s 'Dispatches'? If not confident, will he remove it and bring service under public control?
Minister reply
Tagging technology has huge potential; a recent study showed a 20% reduction in reoffending. Concerns about the contract are valid: Serco's performance is improving but still unacceptable. Financial penalties were issued last year when serious issues arose.
Question
This announcement illustrates why the House should legislate to remove impediments for deporting foreign national offenders. Victims affected by this policy need information about releases; yet, no impact assessment was done. What new information will be published each month to keep victims informed?
Minister reply
Victims absolutely need to be kept informed, and we continue working with victims' groups and the Victims’ Commissioner.
Question
Two families in my constituency lost loved ones when offenders out on remand should not have been. Will the Minister meet me, and if they wish both families, to assure them that lessons are being learned from these cases?
Minister reply
I am very sorry to hear about those cases; I am happy to meet him to take this matter further.
Question
Victims’ Commissioner warned that releasing prisoners early with reoffending risks will place victims and public at unnecessary harm; the Domestic Abuse Commissioner called it 'simply unacceptable.' What discussions did Government have with these commissioners before making this announcement?
Minister reply
We speak to Victims' Commissioner regularly, and my hon. Friend is speaking to them later today.
Question
Justice Secretary could have chosen deportation of offenders, maxed out court sitting days, repurposed buildings or procured temporary facilities but instead chose releasing serious offenders early with no consideration for victims. Why?
Minister reply
This is not about releasing people earlier from prison; they already served their sentence and are in community under licence conditions.
Question
Ministers seem vague on number of domestic abuse offenders eligible for release and the breadth of offences. Given the policy's scale, Government must have done work looking at eligibility numbers; will Minister set out to House exact number?
Minister reply
I hear right hon. Gentleman’s question and I will write to him.
Question
One of the reasons why our prisons are so full is that we have more than 10,000 foreign nationals in them. What steps is the Minister taking to deport them?
Minister reply
I say gently that we have deported more foreign nationals in the first year on our watch than the previous Government did in the years on their watch. He is right that we have to roll up our sleeves and continue to get on with the job.
Question
Prior to announcing this policy change yesterday, did the Government meet and consult the Domestic Abuse Commissioner about it—yes or no?
Minister reply
The commissioner has been spoken to by the team. To be clear, the impact assessment will be published when we come to consider the statutory instrument.
Question
The new measures announced by the Justice Secretary suggest that the Government have learned nothing from the furore and loss of public confidence that followed last year’s early release debacle. Why do the Justice Secretary and her Ministers appear to have such scant regard for the impact that their management of prison releases will have on the victims of crimes? When will she implement measures that act as a deterrent to recidivism, rather than as a minor inconvenience to the continuation of a criminal career?
Minister reply
We are committed to getting this right. The early release scheme that the previous Government put in place did not have the same exceptions as our early release scheme did for the sort of offenders that the hon. Gentleman draws attention to, but these matters are very difficult. The most important thing is ensuring that we have a criminal justice system that works. We need to be able to lock up dangerous people, and those who do really bad things.
Question
The Minister is a very decent person, and he and I have been friends for many years, but I must ask this question. Criminals need to fear that if they break the law again, it will be worse for them. How do the Minister and the Department think that the policy will disincentivise repeat offending?
Minister reply
I have made clear the exceptions that apply to this tight, fixed-term recall alteration. The management of people in the community will be risk-assessed, as always. If the view is that a different approach needs to be taken, it will be taken.
Government Response
The Government's plan involves setting a fixed-term recall statutory instrument meaning that those serving sentences of between one and four years can only be returned to prison for a fixed 28-day period. This measure builds on previous legislation, introduced by the last Government, that mandated 14-day recalls for those serving sentences under a year. Higher-risk offenders have been exempted from this change, ensuring certain serious offenders are excluded. We cannot allow prisons to reach zero capacity; therefore, these measures aim to manage prison populations effectively while addressing public safety concerns.