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Sentencing White Paper
16 September 2020
Lead MP
Robert Buckland
Debate Type
Ministerial Statement
Tags
Justice & CourtsEmployment
Other Contributors: 41
At a Glance
Robert Buckland raised concerns about sentencing white paper 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:
Government Statement
The Government's White Paper, entitled “A Smarter Approach to Sentencing”, aims to reform the sentencing system in England and Wales to better protect the public. This includes ensuring more serious offenders serve longer sentences by automatically extending their time in custody and preventing dangerous offenders from being released without Parole Board assessment. The reforms also address low-level offending through more effective community sentencing tailored to individual needs, utilising technology for compliance monitoring and offering rehabilitation services. To support these measures, the Government plans to recruit 1,000 new trainee probation officers by 2021 and invest in the skills of the probation workforce, unifying sentence management under the National Probation Service with 12 new regions to enhance cooperation between probation and courts. The White Paper also includes measures for reducing stubbornly high reoffending rates through GPS technology compliance monitoring and easing criminal records disclosure periods for non-sensitive roles. Additionally, it allows judges more flexibility in sentencing youth offenders while considering their rehabilitative needs.
David Lammy
Lab
Tottenham
Question
The Labour party supports strengthening sentences when necessary but raises concerns about homeless prisoners and services to help former offenders integrate into society. Will there be a cross-departmental plan for reducing reoffending within three months?
Minister reply
While the minister did not directly address these specific questions in the given transcript, he may respond by outlining further details of the proposed reforms or discussing plans for future legislative action to address concerns raised.
David Lammy
Lab
Tottenham
Question
Expressed Labour's commitment to public safety, highlighted past Labour reforms for strengthening sentencing, welcomed the reform of criminal records disclosure and problem-solving courts pilots. Criticised potential overreach in applying whole-life sentences and questioned how longer sentences could protect the public if people continue to be released homeless.
Minister reply
Acknowledged past Labour government's issues with automatic early release but praised their contributions towards neurodivergent support. Reassured about cross-Government work on offender employment led by the Prime Minister.
Bob Neill
Con
Question
Complimented the Lord Chancellor's statement, welcomed themes addressing public protection and rehabilitation, and urged for a wider debate about the purpose of sentencing.
Minister reply
Acknowledged the importance of sentencing purposes and referenced the White Paper’s focus on protecting the public from harm and crime through effective prison sentences and community options.
Joanna Cherry
SNP
Edinburgh South West
Question
I thank the Lord Chancellor for his customary courtesy in affording me advance sight of his statement. However, it is a little difficult to stomach rhetoric about how tough this Government are on law breakers when only a week ago a Minister stood at the Dispatch Box and told us that they intended to break international law... I wonder whether the Lord Chancellor agrees that it should be the same in England and Wales.
Minister reply
I am grateful to the hon. and learned Lady... In terms of balance, I assure the hon. and learned Lady that when it comes to the rule of law, both within Her Majesty’s Government and our country as a whole, I, like her, yield to no one in my belief in equality before the law.
Scott Benton
Con
Blackpool South
Question
The residents of Blackpool South are fed up with the soft liberal approach to criminal justice that has failed victims, weakened communities and seen public confidence in the system eroded decade after decade. Does my right hon. and learned Friend agree that we need a new approach to sentencing that puts the public and victims first and ensures that serious offenders are locked up for longer?
Minister reply
My hon. Friend is right... The proposals we are setting out today follow on from our manifesto commitments that allowed us to have my hon. Friend in this House—thanks to the good people of Blackpool South—and those commitments will be honoured.
Ruth Jones
Lab
Newport West
Question
Local voluntary sector organisations, including many in Newport West, play a vital role in providing the type of support mentioned by the Lord Chancellor around rehab, drugs and mental health... What action will the Minister take to ensure a strong role for the voluntary sector in Newport West and across the country in delivering his plans?
Minister reply
I thank the hon. Lady... I have made it very clear to my officials that I expect to see the small specialist organisations at the table.
Bob Blackman
Con
Harrow East
Question
My constituency suffered a spike in extremely violent aggravated burglaries prior to covid-19. My constituents want to know what steps he will take to ensure that the new sentences he is announcing are actually awarded by judges, and that criminals who perpetrate crimes against the person are not only brought to justice but punished and kept in prison, so that the sentences meet the crime.
Minister reply
My hon. Friend is right... That will see a greater number of those people serving longer behind bars.
Chris Bryant
Lab
Rhondda
Question
There has been a terrible rise over the last 10 years in assaults on emergency workers, with ambulance workers being sexually assaulted, punched, spat at, stabbed—everything. That is why I introduced private Member’s legislation a couple of years ago: the Assaults on Emergency Workers (Offences) Act 2018... I wholly support the sudden conversion of Ministers who violently opposed my Bill when I introduced it and said that they did not want it to be a two-year maximum sentence. I welcome their conversion on the road to Damascus, but I want to ensure that this law is actually used; otherwise, this will continue.
Minister reply
The hon. Member is to be applauded for his work... Let us not forget that it is not just about the provisions in that Act; it is about the law on assault generally and the aggravated circumstances that a court can take into account in increasing sentences.
Desmond Swayne
Con
New Forest West
Question
I hope my right hon. and learned Friend keeps his balance, but will he address eye-watering costs such as the £456,000 clocked up by Andrew Harper’s killers? That cannot be right, can it?
Minister reply
My right hon. Friend knows that everybody in this country is equal before the law... I take his point about ensuring that our legal aid system is efficient and that money is not wasted.
Tony Lloyd
Lab
Rother Valley
Question
There is much in the Lord Chancellor’s statement that I strongly welcome, as a former police and crime commissioner... Can the Lord Chancellor assure me that, as part of the White Paper, we can look at how that can be prevented in future, even if it cannot be done retrospectively?
Minister reply
I am grateful to the hon. Member for raising that... I will welcome further engagement with him.
Caroline Johnson
Con
Sleaford and North Hykeham
Question
They say that an Englishman’s home is his castle, and it is certainly a place where all people should feel safe and secure. As a result, when someone burgles a home, they do not just take possessions; they violate a person’s safety in their own home. Can my right hon. and learned Friend assure me that his new sentencing guidelines will ensure that the people who commit these crimes are appropriately punished and appropriately rehabilitated and that the public will be protected from further occurrences?
Minister reply
My hon. Friend is right to echo the comments I made about burglary being a crime against the person. She will have heard my observations about strengthening the safeguards of the “three strikes and you’re out” burglary minimum term of three years, which will mean that a greater proportion of that type of offender will now serve longer in custody.
Jim Shannon
DUP
Strangford
Question
I thank the Lord Chancellor for his diligence and wisdom in this statement. I welcome the news that child killers are to be held longer and that the automatic release of violent and dangerous criminals is to end, but will he further confirm that intervention measures will be in place for young men who are drawn into drug deliveries and so on and who need to be kept away from hardened criminals in prison, as a method of giving them space, a fresh start and a true rehabilitation purpose?
Minister reply
I welcome the hon. Gentleman’s comments, and I am grateful to him. He makes a very interesting point about young offenders. I am keen to make sure that people who are sucked in—they might be quite young and themselves victims—do not end up becoming criminals themselves.
Question
My hon. Friend the Member for Bracknell (James Sunderland) and I are extremely grateful to our right hon. and learned Friend for picking up our Desecration of War Memorials Bill in his White Paper. Can he confirm to the people of Stoke-on-Trent North, Kidsgrove and Talke that the law will be changed as soon as practically possible to make sure that those who insult the memory of our glorious dead can be given sentences that fit their abhorrent crimes?
Minister reply
I pay tribute to my hon. Friends for their campaign to make sure that the law properly reflects the damage that can be caused to the national consciousness and the wellbeing of communities when war graves, religious graves and important memorials are desecrated.
Question
Thirteen-year-old Jack Worwood was walking along the pavement on his way to play football with his friends when he was struck by a vehicle driven by an uninsured driver at nearly three times the speed limit. The driver, Liam Wilson, fled the scene and Jack died the next day. Liam Wilson was sentenced two weeks ago and is likely to serve in prison only two years of a six-year sentence. Jack’s family members in my constituency are devastated by the lack of justice. I am glad the Government are finally acting to ensure longer sentences in these cases, but can the Lord Chancellor tell me when he expects these changes to come into force, and what reassurance can he give Jack’s family that the Government will look again at the leniency of the sentence in this case?
Minister reply
The hon. Lady raises a tragic and appalling case. I would need to know a little more about the index offence. It may well be a matter that the family can refer to the Attorney General under the unduly lenient sentence scheme, if the offence is within the purview of that scheme.
Gagan Mohindra
Con
South West Hertfordshire
Question
I thank the Lord Chancellor for the White Paper. It reaffirms my belief that the Conservative party is the party of law and order. As he will be aware, the Ministry of Justice published a report last year that showed that the cost of reoffending was £18.1 billion per year, not to mention the emotional and psychological harm to victims of crime. Can he give us further details on how we are focusing on breaking the cycle of reoffending?
Minister reply
My hon. Friend is right to mention the importance of that depressing cycle of reoffending, and he will see in the White Paper ready acknowledgement of some of the drivers of that: drug addiction, alcohol addiction, the lack of stable accommodation, no work.
Wera Hobhouse
Lib Dem
Bath
Question
The Lord Chancellor has already partly answered this question, but can he expand on it, as currently one of the biggest problems is overcrowding in prisons and failing to rehabilitate enough people? Can he also address how we are dealing with adverse childhood experiences and trauma that people have suffered, which lead exactly to that spiral of crime? How will his Department respond to that?
Minister reply
The hon. Lady makes a really interesting point about childhood trauma. In the call for evidence on neurodivergence I want to open up some of these issues in a much more novel way, because I am sure that, with proper support and proper intervention, we can divert a lot of people away from a life of crime.
Question
I warmly welcome the White Paper and in particular its proposal for longer curfew periods alongside GPS tags. That strikes me as something approaching a smart house arrest system. Does my right hon. and learned Friend agree that that could fill a significant gap in current sentencing options, because it would be an excellent way of punishing criminals by restricting their liberty while at the same time enabling them to be successfully rehabilitated and therefore less likely to reoffend?
Minister reply
My hon. Friend is absolutely right, and I pay tribute to him for his long work in the criminal justice system, as a member of the Sentencing Council, for example.
Kim Johnson
Lab
Liverpool Riverside
Question
Access to justice has declined for our citizens over the decade in which the Tories have been in power, and that is particularly the case in my constituency. What are the Government doing to ensure that the comprehensive spending review places our justice sector on a secure and equal footing for all for the future and pays particular attention to community law centres?
Minister reply
We are of course talking about criminal justice, and I can assure the hon. Lady that she will be impressed by the progress we will make as a result of the work I have been doing on criminal legal aid—the £51 million increase that I have ordered for the remuneration of advocates—and further to review the whole system of criminal legal aid.
Question
The Government already accept the principle of sentence escalation. For example, under the coronavirus legislation, those in receipt of covid-related penalty notices face a doubling of the fine on each repeat offence. Will the Secretary of State extend sentence escalation to other crimes, especially serious and violent crimes, so that repeat offenders face a stiffer sentence each time they commit the same offence?
Minister reply
My hon. Friend is absolutely right to make the point that as a point of principle those people who have been grimly accustomed to and far too familiar with the criminal justice system in the accumulation of sentences merit stiffer terms of imprisonment or stiffer forms of sentence.
Dwyfor Meirionnydd
Question
A stalker caught with a murder kit in his car could be charged only with a minor offence because the victim, Dr Ian Hutchinson, was unaware that he had been stalked for over four years. The offender, Thomas Baddeley, was sentenced in August but has already been released. Dr Hutchinson was not informed. Will the Secretary of State commit to a review of sentencing in stalking cases and to strengthening the rights of victims?
Minister reply
I am grateful to the right hon. Lady for taking up the baton on that issue from her predecessor in Dwyfor Meirionnydd. She is absolutely right to draw me back to a campaign that I helped to champion in order to criminalise stalking and to enhance and improve the law further. I will look at that case more carefully, if I may. I am sure that more work can be done, particularly with regard to awareness and training of police and prosecutors with regard to the true seriousness and invidious nature of stalking and what it can lead to.
Jeremy Wright
Con
Kenilworth and Southam
Question
I congratulate my right hon. and learned Friend on this White Paper, which reflects what he has long argued: an intelligent criminal justice policy requires provision to promote both punishment and rehabilitation. I particularly welcome what he said about sentencing code consolidation, which will not just reduce the number of mistakes made in sentencing but help victims to understand the system better. May I urge him to turn his mind urgently to the practicalities of the interesting proposal to keep offenders in custody for longer if they are radicalised in prison, particularly with a view to giving the Parole Board the tools it needs to make judgments on intelligence material that they will not be familiar with dealing with?
Minister reply
My right hon. and learned Friend and I toiled in the vineyard with regard to criminal sentencing procedure. He did not quite write the book, but he certainly read it. I am grateful to him for his warm support and for the excellent work of the Law Commission now being enshrined in law by this Government. That is the bedrock of what we are doing, and we are going to build on it in an intelligent way. He is absolutely right to talk about the role of the Parole Board. I have taken a particular interest in making sure that sensitive intelligence material is indeed released to it in the most proper way. I pay tribute to the former vice-chairman of the Parole Board, Sir John Saunders, who my right hon. and learned Friend will know from his days as a Birmingham practitioner, and who made those points very cogently. We have acted on them, but we are going to go further with a root-and-branch review of the Parole Board to make sure that it and other mechanisms are truly working in such a way that it makes fully informed risk assessment decisions.
Question
There is much to commend in this announcement. Earlier the Lord Chancellor referred to the unduly lenient sentences scheme. How many criminals have had their sentences increased since he announced the expansion of that scheme last year?
Minister reply
The figures are released annually by the Attorney General’s office. I do not have the most up-to-date figures. I do know, from my own long experience as Solicitor General, that the rate of inquiries had increased dramatically to well over 1,000 a year. Last year, to the best of my recollection, the rate of successful appeals was somewhere in the region of 80 cases. That shows that the Law Officers are properly applying the law, and properly taking cases to the Court of Appeal and achieving a higher level of justice where it is absolutely merited. I am sure that the hon. Gentleman can follow up these questions with my right hon. and learned Friend the Attorney General.
Question
May I commend the balanced judgment that the Lord Chancellor has brought to this? My constituents will welcome the tougher sentences for the most serious and violent offenders, but I think they will also welcome the more innovative sentences that judges will be able to mete out to those with more complex cases. On that point, how is he going to assess the pilots, which were also referred to by the shadow Lord Chancellor, and judge whether they are successful? The public might need persuading that some of these innovative ways of dealing with crime will reduce offending and thereby keep all of our constituents safer.
Minister reply
I warmly welcome my right hon. Friend’s support, and I am grateful to him, as ever. He is right to highlight the assessment procedure. He will be glad, and he will remember from his time in office, that my predecessor, my right hon. Friend the Member for Surrey Heath (Michael Gove), pursued problem-solving courts when he was Lord Chancellor. We already have a considerable amount of learning from that process, and I want to build on that. Although I cannot prejudge every jot and tittle of the effect of problem-solving courts—[Interruption.] The House liked “jot and tittle”. As I was saying, I am pretty clear in my mind about the direction of travel on the effectiveness of their more widespread use in our criminal justice system.
Clive Efford
Lab
Eltham
Question
Just 206 prison places built out of 10,000 promised by 2020; massive overcrowding in our prisons; little time for rehabilitation, prisoners dumped out of prison with no housing to go to; and a probation service where, due to a failed privatisation, people are being left with a phone call every fortnight, if they are lucky, which has led to a massive rate of reoffending. That is the legacy of this Government. There are many fine words in this statement by the Lord Chancellor, but where are the resources that are going to turn around that record of failure?
Minister reply
The hon. Gentleman will be glad to know that within a month of my taking office we secured £2.5 billion for the biggest prison building project in years. I am keeping a close eye and tight rein on the project delivery unit that will be doing that. We have the model in place; the Wellingborough prison model is one we can replicate, so we do not need to keep changing the specification and make the same old mistakes on Government procurement. The commitment is absolutely clear, and the money is in place. Last year, the Department obtained a near 5% increase in its revenue budget, which was the biggest single increase in years. We have just secured one of the biggest single injections into prison maintenance budgets in years.
Question
I congratulate my right hon. and learned Friend on this White Paper, and the root and branch approach it takes to sentencing, probation and rehabilitation. There is a focus on neurodivergence and mental health. Is his primary objective to prevent these people from falling into the criminal justice system in the first place or to help them cope once they do so? If it is the former, how will he work with other agencies to achieve early intervention?
Minister reply
My hon. Friend speaks with her own knowledge and experience as a practitioner. She is right to ask me that question, because this is not just about how to make the necessary adjustments in the system once the person with that neurodiverse condition is in it. It is equally, if not more so, about prevention in the first place. We will achieve that only with the help of the Department for Education, the Department of Health and Social Care and the Department for Work and Pensions. There is already a cross-governmental disability strategy, which I want to build on with the call for evidence that we are going to undertake. I look forward to engaging with all the agencies, and indeed all the voluntary organisations out there, which bring so much expertise to the table in dealing with these issues.
Question
Our prison system is in crisis. After 10 years of funding cuts and privatisation, many of our prisons are simply not fit for purpose, while overcrowding is leading to dangerously high levels of violence and self-harm. In January, the Howard League for Penal Reform pointed to drastic improvements in the conditions at Liverpool jail as an example of what can be achieved when action is taken to reduce overcrowding, but it also highlighted the fact that overcrowding is a systemic issue across England and Wales. Does the Lord Chancellor recognise that any discussion about increasing custodial sentences has to be accompanied by a dramatic increase in funding for prisoners so that we can tackle overcrowding?
Minister reply
The hon. Gentleman is absolutely right to talk about Her Majesty’s Prison Liverpool; I pay tribute to the governor and, indeed, all the prison staff there for the incredible work they have done to help to change a challenging position to one of real progress. That has been happening in prisons up and down our country. I make no bones about it: the prison environment is a difficult one and the hon. Gentleman is right to highlight overcrowding. But I repeat that the Government have already committed £2.5 billion to a new prison-building programme and secured more funding for prison maintenance. We have also secured £100 million for new prison security, including X-rays, to protect not only prisoners but the staff who run the line and do so much incredible work in the art of jailcraft.
Question
The Lord Chancellor is to be congratulated on bringing forward this excellent White Paper. The measures it contains will be widely welcomed in my constituency and are long overdue. Does my right hon. and learned Friend agree that the additional measures to end automatic early release for serious offenders will protect communities such as Telford, where we have experienced fear and a sense of injustice because of the early release of perpetrators of child sexual exploitation?
Minister reply
I pay tribute to my hon. Friend for her tireless campaigning on the issue that has affected her community and the lives of people she represents. She is right to remind us of the purpose of this White Paper: we are seeking to protect the public and to achieve a higher level of confidence. When a prison sentence is passed, yes, there is a period on licence during which the individual needs to readjust with the appropriate controls, but there has to be a clear signal that the bulk of their term will be served behind bars. That is what the public expect; that is what will increase confidence in the system; and that is what we are doing.
Stephen Farry
SDLP
North Down
Question
There are many sensible reforms in the White Paper, but all changes have to be consistent with the European convention on human rights and Human Rights Act 1998. Will the Lord Chancellor give a categorical reassurance that there are no plans to change either commitment?
Minister reply
The Government will review the Human Rights Act as it is now 20 years old, but the commitment of this Government to membership of the European convention on human rights is absolute.
Aaron Bell
Con
Newcastle-under-Lyme
Question
Will the White Paper close the gap between sentences for murder for older teenagers and young adults?
Minister reply
The courts will have discretion to reflect differing maturities and age ranges of serious offenders, ensuring that the punishment fits the crime while also considering the welfare of young people.
Southgate and Wood Green
Question
What steps are being taken to reconsider people being released on a Friday?
Minister reply
Services need to be available every day, not just Fridays. Cross-government work is ensuring that accommodation and potential jobs are identified when an offender is released.
Craig Tracey
Con
North Warwickshire
Question
Does the Lord Chancellor agree that the punishment must fit the crime for those who cause death or injury by dangerous driving?
Minister reply
Judges struggle with the current maximum sentence of 14 years, and the White Paper aims to allow greater discretion in sentencing for egregious cases.
Kevin Brennan
Lab
Cardiff West
Question
Will legislation be introduced soon regarding death by dangerous driving and neurodivergent people who come into contact with the criminal justice system?
Minister reply
Legislation will be introduced in this Session, and efforts will continue to ensure that experiences of neurodivergent individuals are incorporated into mechanisms.
Laura Trott
Con
Sevenoaks
Question
Will the Secretary of State consider ending standard determinate sentences for rape so the Parole Board is always involved before a perpetrator is released?
Minister reply
Reforms offer higher justice to victims, but risk and dangerousness need to be fully understood. The Minister will undertake further examination.
Barnsley South
Question
What progress has been made on the reintegration of the probation system?
Minister reply
The unified service started operations in Wales at the beginning of the year, and work is proceeding despite challenges such as covid.
Stuart Anderson
Con
South Shropshire
Question
Will the Lord Chancellor provide an update on what it will do to increase capacity and improve probation services in Wolverhampton?
Minister reply
Increased staff, improved training, and necessary changes are being made to better equip the system for managing offenders.
Marion Fellows
Lab
Torfaen
Question
To what extent does the White Paper take into account rehabilitation of young people?
Minister reply
While public protection is paramount, a balanced approach will be taken that takes welfare issues into account.
Andrew Percy
Con
Brigg and Goole
Question
The good folk of Brigg and Goole and the Isle of Axholme will welcome the changes when it comes to burglary, as do I. However, on the important issue of autism, one of the big problems we have in this country is people’s ability to access an assessment and a formal diagnosis of autism. Will the Lord Chancellor ensure that proper training is put in place across the Prison Service and the probation service to identify individuals with autism?
Minister reply
I was sorry to hear about my hon. Friend's experiences as a victim of burglary three times. The Ministry acknowledges the excellent therapeutic services available, such as at Her Majesty’s Young Offender Institution Aylesbury, but aims to address the lack of response in other areas through a call for evidence and subsequent action.
Stephen Doughty
Lab Co-op
Cardiff South and Penarth
Question
The Lord Chancellor will be aware of the serious violence related to drugs and terrorism offences in my constituency. I support tough action on serious criminals, but criticise the Minister for undermining the rule of law with his comments, especially in comparison to his past as a recorder and legal colleague.
Minister reply
I welcome constructive criticism from the hon. Gentleman regarding serious crimes in Cardiff South and Penarth. However, I believe drawing parallels between international negotiations and breaking the law is an overstretch.
Tonia Antoniazzi
Lab
Gower
Question
Fewer than one in 10 crimes now lead to a suspect being charged, which is the lowest charging rate since records began. Nearly half of all crimes close with no suspect identified at all. What steps are the Government taking to address this?
Minister reply
The hon. Lady rightly highlights the 'justice gap'. The lack of sufficient evidence for prosecution leads to a low charging rate. Increasing police numbers is a key step, and we have already increased them by 4,000 and aim to reach 20,000, which will help in better investigation and prosecution.
Kieran Mullan
Con
Bexhill and Battle
Question
The recent White Paper states that where an offender commits the premeditated murder of a child, we will legislate to ensure a Whole Life Order is given. This demonstrates our understanding and commitment to justice for victims, especially in cases like Elsie Urry’s.
Minister reply
I pay tribute to my hon. Friend for championing the cause of families who have suffered such tragedies. His support on these measures is highly valued.
Shadow Comment
David Lammy
Shadow Comment
The Labour party supports strengthening sentences when necessary to protect the public but will scrutinise the Government’s proposed changes carefully. They welcome measures such as criminal records disclosure reform and new pilots for problem-solving courts, which were initially introduced by a Labour government before being cut back. The shadow minister also raises concerns about homeless prisoners being released without support and questions whether longer sentences alone can address reoffending rates. He queries the availability of services to help former offenders integrate into society and seeks clarity on whether there will be a cross-departmental plan for reducing reoffending within three months, as recommended by the Public Accounts Committee.
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