Sentencing Bill 2025-10-21

Esther McVey Con

Tatton

Proposes amendment to clause 1, page 1, line 14, by replacing 'not more' with 'less', changing the presumption for a suspended sentence order to apply to sentences of less than 12 months instead. This includes modifications in amendments 50 and 55 which ensure all suspended sentences given in place of immediate custody are suspended for the maximum period.

Caroline Nokes Con

Bournemouth East

Guides the Committee through several amendments proposed by various MPs, outlining changes to definitions, procedural safeguards for domestic abuse cases, and limitations on early release provisions. She discusses the implications of these amendments in relation to offender rehabilitation and reintegration.

Mullan Con

Bexhill and Battle

Supports amendment 24, which aims to disapply clause 20 early release provisions for serious violent, sexual, and domestic abuse offences. This includes consulting on exclusions for other serious violence categories.

Ben Obese-Jecty Con

Huntingdon

Proposes new clause 6 which introduces two procedural safeguards before a court can record that an offence involved domestic abuse: the court must indicate it appears the offence may have involved domestic abuse and give opportunity for evidence and representations to be made.

Jess Brown-Fuller Con

Chichester

Supports amendment 30 which introduces procedural safeguards before a court can record that a service offence involved domestic abuse, similar to new clause 6 by Ben Obese-Jecty.

Name

This amendment would require the Secretary of State, before implementing the relevant provisions, to assess the potential effects of a restriction zone condition on an ex-offender’s ability to attend education, employment or a rehabilitation programme. It would allow for exemptions to restriction zone conditions, and require an annual report on their use and effectiveness.

Name

This amendment gives effect to the recommendation 4.3 of the Independent Sentencing Review for “stricter criteria and thresholds” for recall.

Name

This amendment is linked to NC5 and amendment 23. This amendment prevents clause 35 from being brought into force until the Secretary of State has issued a code of practice to providers of probation services about how to take and publish photographs lawfully in light of the Human Rights Act 1998 and the data protection legislation.

Name

This new clause would ensure that the provisions of this Bill likely to increase demand on the Probation Service cannot be implemented until HM Inspectorate of Probation determines that there is adequate capacity to address those demands, and would enable the Inspectorate to trigger the issuing of a prioritisation framework to help local areas to identify which activities to deprioritise.

Name

This new clause, along with amendments 22 and 23, would ensure that offenders who have been recalled to prison on the basis of a breach of licence condition or of an order related to the victim are risk-assessed, to determine whether it is safe for them to be re-released into the community, rather than being automatically released after 56 days.

Name

This new clause would mean that anyone who causes death by dangerous or careless driving (or related offences) would be banned from driving for life.

Name

This new clause would require reporting restrictions to be lifted at the point of sentencing for young offenders who have received a sentence of four or more years.

Name

This new clause would require the Secretary of State to review how to make victim personal statements less restrictive and clarify what can be included.

Name

This new clause would require HMCTS to collect data and other information on sentencing and sentenced offenders, and would require the Government to publish statistics on that data every three months.

Esther McVey Con

Wirral West

The right hon. Member opposes the Bill, arguing that it undermines law and order by forcing courts to give suspended sentences rather than prison terms. She supports amendments in the name of her colleague which aim at reducing the number of offenders receiving suspended sentences.

Sally Jameson Lab/Co-op

Doncaster Central

Ms. Jameson disputes Mrs. McVey's claims, arguing that previous Conservative government policies contributed to a near-collapse in law and order with prison bed shortages. She highlights the efforts made by her former employer under those policies.

Desmond Swayne Con

New Forest West

The right hon. Member agrees with Mrs. McVey, emphasising that the current Bill undermines prison sentences and is worse than previous approaches to managing prison occupancy.

Wendy Morton Con

Aldridge-Brownhills

Ms Morton supports Ms McVey's position by discussing the impact of knife crime in her constituency and criticising the Labour Government for removing deterrents.

Warinder Juss Lab

Wolverhampton West

Mr Juss emphasises the importance of rehabilitation over prison sentences but does not directly address the amendments proposed by Ms McVey.

John Hayes Con

South Holland and The Deepings

Sir John questions the Government's position on recidivism, specifically about the recall rate for offenders released under licence.

Jim Shannon DUP

Strangford

Supports the logical aspects of McVey's amendments but raises concerns about providing second chances for young offenders and ensuring they receive help from outside legal systems. Questions if the amendments ensure individuals get a chance to rehabilitate.

Esther McVey Con

Wirral West

Reaffirms her stance on the need for deterrents in sentencing, especially against repeat offenders and foreign nationals committing crimes. Emphasises the importance of protecting the public and suggests a sunset clause to evaluate the impact of the Bill after two years.

Desmond Swayne

Endorses McVey's sunset clause as it exposes the ideological contradiction within the Government’s approach to prison capacity versus lenient sentencing policies. Highlights inconsistencies in government rhetoric regarding emergency measures and expansive prison-building programmes.

Andy Slaughter Lab

Hammersmith and Chiswick

Supports the principles of the Bill for reducing prison population and improving justice system efficiency, but proposes amendments to address potential risks. Discusses income reduction orders and domestic abuse sentencing guidelines, advocating for procedural safeguards.

Calum Miller LD

Bicester and Woodstock

Questions Andy Slaughter about resource allocation for the Probation Service and electronic tagging in cases of domestic abuse to ensure proper protection of victims. Emphasises the importance of thorough and fair processes.

John Hayes Con

South Holland and The Deepings

Raises concerns over the Criminal Justice Act 2003, suggesting that releasing dangerous people early will lead to more recalls. Recalls are expected to increase significantly due to this legislation.

Josh Babarinde LD

Eastbourne

Supports new clause 18 for transparency in the performance of Serco, which has received monthly financial penalties since May 2024. Proposes that fines imposed on providers should be included in cost reports to Parliament.

Jess Brown-Fuller LD

Chichester

Inquires if Andy Slaughter will support the Liberal Democrats' new clause and suggests he is likely to encourage his Back-Bench colleagues to do so as well, based on their discussion.

MP Name

Introduced amendments to clause 24, emphasising the need for tighter legal test for recalls and judicial oversight of new restrictions. Raised concerns about potential overuse of 56-day recalls leading to a prison capacity crisis.

Caroline Nokes

Called the shadow Minister to speak on behalf of the Opposition.

Kieran Mullan Con

Bexhill and Battle

Supported amendment 24 and other amendments, emphasising the need for proper scrutiny and consideration of victims' rights. Introduced new clause 12 to extend appeal time available to victims of unduly lenient sentences.

John Hayes

Acknowledged concerns about early release measures allowing repeat offenders to commit further offences, supporting the shadow Minister's position on the need for better scrutiny and implementation of measures.

Esther McVey Con

Tatton

Advocates for transparency in the justice system, calling for public accountability regarding sentencing guidelines and criticising the Sentencing Council's actions. Supports amendments to suspend sentences and highlights flaws in the government's plans as driven by ideology rather than reality.

Member Con

not specified

Supports the lead MP's stance, emphasising the importance of punishment fitting the crime and expressing disagreement with non-punitive views on the justice system. Urges more individuals to serve longer jail terms to signal public outrage at heinous acts.

Mullan Con

not specified

Agrees with the lead MP, criticising intellectual snobbery towards those advocating for proper punishment and highlighting that punishing people has ethical value which is often overlooked in sentencing purposes.

Mullan Lab

Hammersmith and Chiswick

Warns Labour MPs that if they vote against amendment 24, they will be supporting a measure which allows for the early release of serious criminals including paedophiles. He cites the House of Commons Library briefing note stating the Bill's provisions do not bring in any new criteria.

Grahame Morris Lab

Easington

Supports amendments to ensure that the Probation Service oversees criminal justice technology, and calls for a debate on whether private companies should be involved. He also supports an amendment ensuring probation officers can prioritise high-risk cases over non-essential tasks.

John Hayes

Questions Grahame Morris about the pressure placed on police by the Bill, and suggests that the Minister should discuss extra resources for the police as well as the Probation Service.

Sarah Olney LD

Wendover

Many of the issues blighting our justice system stem from a lack of foresight and investment, particularly in probation and prisons. We are supportive of suspending short sentences of under 12 months as it addresses prison overcrowding and reduces reoffending rates significantly compared to custodial sentences. However, there is a need for clarification on exemptions such as violent offenders and those with sexual offences against children. We have also tabled amendments aimed at addressing imprisonment for public protection and ensuring access to employment post-release to reduce reoffending. Further, new clauses aim to support victims of violence against women and girls by treating domestic abuse as an aggravating factor in sentencing and introducing mandatory rehabilitation programmes. Additionally, we propose screening for traumatic brain injuries among prisoners and a dedicated fund from income reduction orders proceeds. New clause 40 addresses the issue of rehabilitative programmes being inaccessible for those on remand due to court backlogs.

Emma Lewell Lab

South Shields

Sophie Hall, my constituent, has suffered relentless stalking from her ex-partner who was residing illegally in the UK. After his deportation and subsequent return, he continues to stalk Sophie despite international legal limitations on prosecuting such crimes. New clause 27 aims to address the loophole that allows foreign nationals to continue stalking UK citizens without facing prosecution, as current law does not give UK courts jurisdiction over stalking committed abroad by non-residents or non-citizens.

Graham Stuart Con

Beverley and Holderness

Welcomed the new clause tabled by Emma Lewell-Bentley. Stressed that the capacity for stalking and oppressive actions will grow in an ever more digital world, making the proposed amendment necessary.

Emma Lewell-Bentley Con

Nottingham North

Thanked Graham Stuart for his support and reiterated her desire to prevent further suffering similar to Sophie's case. Hopes that the Minister will give serious consideration to the new clause.

Ben Obese-Jecty Con

Huntingdon

Called for a lifetime driving ban for those convicted of causing death by dangerous or careless driving, citing statistics from 2017-2023 showing over 3,000 convictions and the lenient sentencing guidelines. Emphasised tragic family impacts, including Mike's case where the driver received a mere £120 fine despite causing a fatal accident.

Munira Wilson LD

Twickenham

Supported Ben Obese-Jecty’s new clause and shared a constituency example of Sarah Imi whose husband was killed by an 17-year-old driver. Highlighted the necessity for justice for families and prevention of future reoffending.

Luke Taylor LD

Sutton and Cheam

Acknowledged Ben Obese-Jecty's strong argument while questioning how to balance rehabilitation through custodial sentences with long-term family impacts from such incidents.

Sarah Russell Lab

Congleton

The hon. Lady acknowledged the seriousness of the issue but expressed concerns about a lifetime ban for momentary lapses in concentration, suggesting it may be disproportionate.

Mullan Con

Bexhill and Battle

Asked Sarah Russell whether an immigration judge's involvement with a charity opposing asylum laws was appropriate, highlighting the importance of judicial independence.

Speaker not specified in the provided transcript, but likely a Government member

This speaker did not have a specific name or constituency mentioned. They raised concerns about judicial security and funding for immigration judges. They also supported cross-party working and rehabilitation within the criminal justice system.

Liz Saville Roberts PC

Dwyfor Meirionnydd

She spoke to her new clauses regarding probation capacity, devolution of probation in Wales, and IPP sentencing. She commended the victim safeguarding measures placed on the Bill but expressed concerns about extra pressure on the Probation Service and supported an independent assessment before placing additional workloads. She also advocated for the devolution of probation and offender management to Wales based on expert recommendations.

Allison Gardner Lab

Stoke-on-Trent South

She spoke to new clauses regarding gambling treatment requirements and support for offenders with gambling addiction. She highlighted the urgency of treating gambling disorder with parity of esteem to drug and alcohol addiction within the criminal justice system, emphasising its harmful effects on individuals, families, and communities.

Linsey Farnsworth Lab

Amber Valley

She supported the case made by Dr Rosena Allin-Khan, emphasising the importance of rehabilitation for those with gambling addiction. She argued that addressing the root causes of offending is not an easy option but essential.

Anna Dixon Lab

Shipley

She agreed with Dr Allin-Khan and suggested that a shift to community provision might enable people to get the rehabilitation they need, whether it be drugs, alcohol or gambling addiction. She highlighted the importance of addressing drug use in prisons.

Sarah Pochin Reform

Runcorn and Helsby

She criticised the Bill for its primary motivation to free up prison spaces rather than focusing on justice administration. She proposed amendments to abolish the Sentencing Council due to concerns over two-tier justice and inconsistency in sentencing decisions.

Rachel Gilmour LD

Tiverton and Minehead

She highlighted that prisons are not effective at turning people around, suggesting that community sentences may be more cost-effective and restorative. She supported the idea of reducing prison populations to alleviate overcrowding.

Mullan SNP

Linlithgow and East Falkirk

Supported Sarah Pochin's point about Government Members chuntering against her argument, citing Library briefing facts on sentencing reductions for violent or sexual offences. Asked the Minister to confirm specifics of recall periods.

Sarah Russell

Asked to give way but was denied by Sarah Pochin.

John McDonnell Lab

Hayes and Harlington

Welcomed the Bill overall but expressed concern over community service privatisation, citing historical failures including Serco's collapse in 2013. Emphasised that unpaid work should only be for non-profit organisations to prevent profiteering. Called on Minister for assurance regarding forced labour convention compliance and adequate staffing through Probation Service.

Anna Dixon

Clarified support for charities providing community service placements, citing an example of upCYCLE charity in her constituency teaching bike maintenance skills to rehabilitate people.

Andy Slaughter Lab

Hammersmith and Chiswick

Concerned about the naming and shaming of offenders, highlighting that it can increase stigma for families of offenders, especially children. He suggests wider consultation on the issue.

Blake Stephenson Con

Mid Bedfordshire

Supports new clause 12 to ensure victims have clear and equal rights to appeal unduly lenient sentences. Highlights case of Josh Hanson's mother, Tracey, who campaigned for years due to unclear information about her right to appeal. Emphasises the need for victims' families to be informed within 10 working days after sentencing.

Jess Asato Lab

Lowestoft

Supports tackling perpetrators of domestic abuse and introducing restriction zones, judicial finding of domestic abuse, and automatic loss of parental responsibility for convicted child sexual abusers. Concerned about the provisions allowing for automatic re-release of recalled perpetrators after 56 days, potentially placing victims at risk.

Josh Babarinde Lab

Asked Jess Asato to give way but no response was provided in the transcript.

Mullan Lab

Linlithgow and East Falkirk

Labour Members highlight a contradiction in the Government’s position regarding prison releases. They argue that while Labour acknowledges a large volume of people will be released, they also claim specific offenders would not qualify for release under their measures, indicating an inconsistency.

Anna Dixon Lab

Croydon Central

Anna Dixon points out data showing drug addiction is prevalent among prisoners and leads to reoffending. She argues for rehabilitation and medical treatment of addictions as a way to reduce criminal activity, contrary to the emphasis on punishment alone.

Sally Jameson Con

Bolton West

While supporting the notion that offenders need to be punished, Sally Jameson emphasises the importance of rehabilitation within the prison system. She argues that providing opportunities for rehabilitation benefits those ready and reduces reoffending rates.

Esther McVey Con

Wyre and Preston North

Esther McVey agrees with Sir John Hayes's assessment, predicting significant public pressure against the release of serious offenders. She suggests that public outcry may compel the Government to amend the legislation.

Ben Maguire LD

North Cornwall

Maguire agrees with his hon. Friend that the Conservative Government’s record on building prisons was shameful, questioning why they did not build more prisons earlier.

Esther McVey Con

Tatton

McVey provides numerical data about prison construction under the previous government and notes the closure of several prisons over a long period, highlighting that while more places were added, they also took some out.

Paul Kohler LD

Wimbledon

Kohler argues against building more prisons as it does not address the underlying issues and may lead to an increase in criminality. He references America’s higher rates of imprisonment compared to Europe, yet still having a higher rate of criminality.

Josh Babarinde Lab

Islington North

Babarinde questions Sir John Hayes about the recommendation by David Gauke for an independent body to model prisoner numbers and is disappointed that this feature is not in the Bill. He also acknowledges the admiration for sartorial style.

Warinder Juss Con

Kirklees and Calder Valley

Juss supports the Bill as a means to reform the courts and prison system, emphasising the need for rehabilitation and reintegration of offenders. She discusses the detrimental effects of short sentences on prisoners' lives and highlights the financial benefits of community sentencing over imprisonment.

Warinder Juss

Supports the Bill because it centres on victims and allows them the protection and dignity that they deserve. Amendment 36 would require judges to consider whether a community sentence was better than a prison sentence or a suspended prison sentence.

Kohler

Urges the House to pause before supporting Government new clause 1, which seeks to strengthen deportation framework. Concerned that it may blur distinction between offenders who pose genuine threat and those who do not.

Julie Minns Lab

Carlisle

Supports Government new clause 1, emphasising the importance of treating suspended sentences with gravity when considering deportation. Highlights the Conservative record in government regarding prison construction and criticises opponents for disowning past positions.

Mullan

Corrects a previous statement made by Ms Minns about reoffending rates among those on suspended sentence orders, asserting that the difference is closer to 3% or 4%.

Kim Johnson Lab

Liverpool Riverside

Supports new clauses aimed at increasing transparency and addressing issues like prison overcrowding, understaffing, and reoffending rates. Emphasises the need for proper resourcing and transparent guidance to prevent system failure.

Luke Taylor

Speaks in favour of Lillie's Law and supports new clauses aimed at improving justice and addressing issues such as traffic accidents caused by dangerous driving, lifetime bans on driving licences, and the ressentencing of prisoners under Imprisonment for Public Protection (IPP) sentences.

Zöe Franklin LD

Guildford

Supports new clauses aimed at allowing courts to review cases where laws have materially changed or been abolished, ensuring that punishment reflects the law as it stands today rather than in the past. Advocates for a fair route for those left behind by legal changes.

Monica Harding Con

Esher and Walton

Supports new clauses put forward by Zöe Franklin, citing a case from her constituency where Alex Henry was wrongly convicted under the Joint Enterprise doctrine. She acknowledges the heartache and frustration experienced by families like Sally who are fighting for justice for their loved ones.

Jake Richards Con

South West Norfolk

Defends the Government's stance on the Sentencing Bill, arguing that it addresses a mess left behind by the previous Conservative government. He emphasises the need to stabilize and improve the justice system to protect public safety and reduce reoffending.

Mullan Lab

Lincoln

Questions the Government's description of earned progression as an automatic process rather than one that requires effort from offenders. He argues against constitutional vandalism, expressing concern about attempts to undermine the independence of the judiciary through proposed amendments.

Andy Slaughter Lab

Hammersmith

The hon. Member for Hammersmith raised concerns about the amendments tabled by the Justice Committee and highlighted the importance of resentencing for imprisoned public protection sentences.

Josh Babarinde Con

Eastbourne

Discussed the issue of tagging offenders with electronic monitoring, emphasising the need for key metrics to be reported. The Minister acknowledged the commercial sensitivities around fines enforced on private companies but committed to holding them accountable.

Jess Asato Con

Lowestoft

Supported rigorous risk assessments in domestic violence cases, advocating for a longer recall period and the use of the domestic abuse identifier. The Minister agreed that these measures are sufficient while acknowledging their importance.

Max Wilkinson Lab

Cheltenham

Proposed new clause 36 to treat any offence involving domestic abuse as aggravated, which would enhance sentencing guidelines for such offences but could complicate the framework without significant benefit.

Ben Obese-Jecty Con

Huntingdon

Presented statistics on careless and dangerous driving resulting in death. The Minister committed to examining measures to strengthen driving bans for reckless offenders, including interim and permanent bans.

Jonathan Gartner Lab

Stoke-on-Trent South

Tabled new clauses 28 and 29 addressing problematic gambling issues through pre-sentencing reports and mental health treatment requirements. The Minister supported the aims but raised concerns about mandatory treatment, suggesting further work with the Department of Health and Social Care.

Douglas Chapman Con

Clacton

Proposed automatic deportation for foreign nationals given sentences of at least six months. The Minister countered that this would lead to unnecessary litigation and ineffective deportations.

Emma Lewell-Buck Lab

South Shields

Presented a powerful story about her constituent Sophie, advocating for risk assessments in the deportation of foreign offenders. The Minister committed to closely examining this issue.

Mullan Lab

Dr Mullan questioned the Minister about whether any rapists or paedophiles serving standard determinate sentences would be released earlier as a result of the Bill.

Jake Richards Con

Mr. Richards argued that his party's policy would ensure serious offenders face prison, unlike under previous governments who faced shortfalls in prison capacity leading to lenient sentencing for serious crimes.

Esther McVey Con

Ms. McVey expressed dismay over the Bill's potential impact on public safety and accused the government of being soft on crime, proposing a sunset clause to allow more time for new prison construction.

Caroline Nokes Con

Ms. Nokes intervened to correct usage in debate, ensuring proper parliamentary decorum was maintained.

Mullan

Proposes an amendment to disapply clause 20 early release provisions for serious violent and sexual offences, requiring the Secretary of State to consult on exclusions. Also proposes a new clause (New Clause 9) that mandates HMCTS to collect data on sentencing and publish statistics every three months.

Jake Richards

Presents amendments related to the extent of provisions in clauses 45 and 46, ensuring consistency with previous legislation. Proposes a new clause (New Clause 1) that modifies definitions in immigration laws to include suspended sentence orders for deportation purposes.

Ben Obese-Jecty

Presents New Clause 6 which would ban individuals convicted of causing death by dangerous or careless driving from driving for life. This amendment aims at enhancing penalties for road traffic offences involving fatalities.

Jess Brown-Fuller

Introduces New Clause 30 to implement Justice Committee’s recommendation on re-sentencing prisoners serving IPP sentences within 18 months of the Act passing. The clause establishes a committee with judicial advice to assist in this process.

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