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Criminal Law
25 July 2024
Lead MP
Shabana Mahmood
Debate Type
General Debate
Tags
Crime & Law EnforcementDefence
Other Contributors: 14
At a Glance
Shabana Mahmood raised concerns about criminal law in the House of Commons. A government minister responded. Other MPs also contributed.
How the Debate Unfolded
MPs spoke in turn to share their views and ask questions. Here's what each person said:
Lead Contributor
Opened the debate
The prisons are in crisis due to overcapacity, with the male prison estate running at around 99% for 18 months. To avert disaster, the draft order will adjust automatic release points from 50% to 40%, meaning approximately 5,500 offenders will be released early with strict licence conditions in September and October. The measure excludes serious violent and sexual crimes, national security offences, terrorism-related offences, and domestic abuse-linked crimes. Stringent protections like electronic tagging and multi-agency public protection arrangements are put in place to manage offenders safely under the community supervision plan.
Jim Shannon
DUP
Strangford
Expressed concern for victims who may face perpetrators on the streets, seeking reassurance about victim notification and protection measures.
Andrew Slaughter
Lab
Hammersmith and Chiswick
Asked if both victim notification schemes and probation services would be ready to handle offenders being released in September.
Lee Pitcher
Lab
Doncaster East and the Isle of Axholme
Pressed for an explanation on how dire the situation will be without immediate action, highlighting the importance of addressing prison overcapacity.
Emily Darlington
Lab
Milton Keynes Central
Welcomed the exclusion of sentences related to sexual and domestic violence, emphasising education as central to rehabilitation. Requested a meeting with Milton Keynes college to discuss educational initiatives in prisons.
Rachel Blake
Lab Co-op
Cities of London and Westminster
Highlighted the issue of rough sleeping and reoffending rates among released prisoners, questioning whether adequate planning processes would be in place by September for those at risk of homelessness.
Mark Ferguson
Lab
Gateshead Central and Whickham
Responded to comments from the former Lord Chancellor about vote-winning strategies, seeking clarification on the Government's approach to prison crisis management.
Matt Vickers
Con
Stockton West
Vickers argued that reducing the automatic release point to 40% could lead to a reduction in prison capacity, which would compromise public protection. He also highlighted past government actions taken to toughen sentences and build more prisons, noting that these decisions were not opposed by the current Opposition at the time.
Southgate and Wood Green
Charalambous welcomed the motion as a short-term measure to address prison overcrowding but urged for long-term solutions, including addressing court delays, improving rehabilitation programmes, and coordinating with other Departments to tackle reoffending. He also highlighted the need for investment in criminal justice infrastructure and recruitment of staff.
Wendy Chamberlain
Lib Dem
North East Fife
The Liberal Democrats recognise the need for emergency measures to relieve prison overcrowding, acknowledging that it is a last resort. Wendy highlights the rising prison population in England and Wales, exceeding operational capacity with 87,453 inmates against an operational limit of 88,864 as of July 2024. She mentions high reoffending rates and the cost to society, noting that 75% of ex-inmates reoffend within nine years, costing over £18 billion annually. Wendy also discusses the issue of violence against prison staff, with an average of 23 attacks daily last year. She criticises the Government's response while expressing a willingness to work constructively as an Opposition party. She points out that remand populations have risen by 84% to over 16,000 people in March 2024, and calls for action on this issue. Wendy emphasises the importance of addressing systemic issues within the criminal justice system, including court backlogs and staff recruitment problems. She advocates for a focus on rehabilitation through mentorship programmes and improved Probation Service funding.
Andrew Slaughter
Lab
Hammersmith and Chiswick
Supports the proposal from the Justice Secretary to reduce prison capacity, highlighting overcrowding issues left by the previous government. Criticises the Opposition for lack of accountability and solutions, stating that prisons were at 99% capacity for 18 months under their watch. Acknowledges the difficulty of the decision but emphasises necessary safeguards such as excluding sexual and serious violent offences from the measure. Addresses potential consequences for post-custody accommodation services and Probation Service pressures. Emphasises the need for modern prison standards and addressing inhumane conditions in Victorian prisons like Wormwood Scrubs. Advocates for long-term changes to reduce reoffending rates.
Priti Patel
Con
Witham
Welcomes new Front Benchers and emphasises the importance of public safety, mentioning robust measures on counter-terrorism, backing armed forces, and investing in the police. Criticises the early release of 5,500 prisoners and reduction of time offenders stay in custody from 50% to 40%, expressing concern over victims of crime. Raises questions about provisions for women victims, those responsible for racially aggravated assaults, and perpetrators of domestic abuse. Questions the lack of clear plan regarding impacts on wider services like police, probation, and housing, urging for transparency in data releases and publication of affected local authorities. Requests clarity on timing, including a sunset clause to ensure measure is temporary. Expresses worries about reduction in prison population by 5,500 over 10 years and the financial implications, questioning future prison building programmes and plans.
Naseem Shah
Lab
Bradford West
Congratulates the Lord Chancellor on her role and acknowledges her work to address issues left by the previous government. Criticises the opposition for not having a plan, emphasising that the current government is addressing the mess created previously. Requests the Lord Chancellor to visit Bradford West and review services for Muslim women in prison. Thanks the Lord Chancellor for considering public safety while reviewing sentences.
John Hayes
Con
South Holland and The Deepings
Welcomes an honest debate about the purpose of prisons, arguing that they serve both protection and punishment. Stresses constituents' belief in just retribution for criminals. Opposes proposed changes to sentencing policies, suggesting further amendments are necessary to mitigate risks. Advocates for improving remand processes and dealing with foreign national offenders as means to reduce prison population. Proposes building more prisons temporarily or permanently to accommodate inmates. Calls for a sunset clause to ensure the measure comes back for review.
Shabana Mahmood
Lab
Birmingham Ladywood
The Minister responded to criticisms made by the shadow minister, emphasising that her party left no other option but the one being taken. She stated that prisons are at over 99% capacity and will overflow by September unless action is taken. The Minister also pointed out inconsistencies in previous government policies regarding sunset clauses and exclusions for domestic violence-linked offences. She highlighted the importance of reducing reoffending rates to protect victims and cut crime, and discussed plans for IPP prisoners while prioritising public safety. The Minister assured that the Government will take a cross-party approach on matters of national security and will work with local authorities to ensure a successful roll-out in September.
Government Response
The draft instrument was commended to the House. The Minister responded to criticisms made by the shadow minister, emphasising that her party left no other option but the one being taken. She stated that prisons are at over 99% capacity and will overflow by September unless action is taken. The Minister also pointed out inconsistencies in previous government policies regarding sunset clauses and exclusions for domestic violence-linked offences. She highlighted the importance of reducing reoffending rates to protect victims and cut crime, and discussed plans for IPP prisoners while prioritising public safety.
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