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UK PARLIAMENT · SITTING

Chris Philp

MP for Croydon South · Conservative · United Kingdom

IN THEIR OWN WORDS

The Minister mentioned return numbers, but what she did not mention is that the return of 6,000 small-boat migrants in the past two and a bit years amounts to only 8% of illegal immigrants crossing the channel. That is to say, 92% of illegal immigrants crossing get to stay. There is no deterrent whatsoever in that.

DOVER AND PORTSMOUTH: PROTESTS · 2026-09-07 · READ IN HANSARD

I cannot give all the many examples, in the interests of time, but they cited one example in which apparently hundreds of Pakistani men claimed to be gay, based on a letter from an individual claiming to be the sexual partner of all of them. That is quite clearly fabricated with the assistance of immigration lawyers.

DOVER AND PORTSMOUTH: PROTESTS · 2026-09-07 · READ IN HANSARD

I was on the beaches of northern France just a few weeks ago, waist deep in water as one such dinghy embarked with about 100 illegal immigrants on it, while 10 members of the French gendarmerie nationale, who we pay for—who the Home Secretary pays for—with £660 million of our money, almost all of it unconditional, stood by and did nothing…

DOVER AND PORTSMOUTH: PROTESTS · 2026-09-07 · READ IN HANSARD

Numerous rapes have been committed by small-boat illegal immigrants, including the rape of a girl in Nuneaton aged just 12. The Government are using sleight of hand. They are moving illegal immigrants from hotels into apartments, then granting them asylum on an industrial scale.

DOVER AND PORTSMOUTH: PROTESTS · 2026-09-07 · READ IN HANSARD

I thank my constituency neighbour, the Minister for Policing and Crime, for advance sight of her statement. I am sure that we all agree that the right to protest is a fundamental part of our democracy, but the right to protest should never be violently exercised or cause serious disruption to other people.

DOVER AND PORTSMOUTH: PROTESTS · 2026-09-07 · READ IN HANSARD

Since the general election, over 80,000 illegal immigrants have crossed the channel, all illegally and all unnecessarily, because France is a safe country—nobody is fleeing persecution in France. Almost 20,000 have crossed this year alone, and 625 crossed yesterday, with more coming in the early hours.

DOVER AND PORTSMOUTH: PROTESTS · 2026-09-07 · READ IN HANSARD

The complete record

Every one of 6,642 lines we hold for Chris Philp, in date order, each linked to its source. Free to read, in full, without an account. Page 79 of 133.

  1. These days, there are various other means that are used to provide rehabilitation and so on, rather than senior attendance centres. Schedule 12 contains further amendments relating to the removal of the attendance centre requirements, as I have just described. Clause 128 simply introduces schedule 13, which makes provision for courts to have powers to review community and suspended sentence orders and commit an offender to custody for breach. Without this clause, schedule 13 would not form part of the Bill. Part 1 of schedule 13 contains provisions relating to the review, which is a crucial element of the problem-solving court approach. As Members know, we are keen to run pilots of problem-solving courts.

    POLICE, CRIME, SENTENCING AND COURTS BILL (THIRTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  2. The number of curfew hours per day can be moved around if, for example, somebody gets a job, or something like that, and that needs to be taken into account, but the weekly maximum does not change. It is important to make the point that we are not altering that. Clause 126 will give greater powers to the responsible officer to vary electronically monitored curfews on community sentences. Again, we think that will be helpful. To be clear, the responsible officer will not be able to change the number of curfew hours. That is an important point to emphasise. Clause 127 removes senior attendance centres from the menu of options available. They are not very widely used, and in fact in some parts of the country they are not used at all.

    POLICE, CRIME, SENTENCING AND COURTS BILL (THIRTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  3. The clause will also increase the potential of a curfew to support rehabilitation by providing a longer period during which some of the positive effects of the curfew can be established. It can, for example, reduce interaction with criminal associates. Again, that will hopefully enable the courts to use those sentences more as an alternative to short custodial sentences, which we are all keen to avoid where possible. At the moment, a community order or suspended sentence order may specify a maximum of 16 hours of curfew per day, which provides in practice a weekly maximum of 112 hours. The clause will increase the daily maximum to 20 hours, but we will not move the seven-day maximum of 112.

    POLICE, CRIME, SENTENCING AND COURTS BILL (THIRTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  4. In the Sentencing White Paper last September, we set out a new vision for community supervision combining robust punishment and management of risk with a new focus on addressing rehabilitation needs to break the cycle of reoffending. Clause 125 therefore increases the maximum length of time a curfew can be imposed to make it potentially more effective and increases the maximum number of hours that a curfew could be imposed in any given 24-hour period. At the moment, a curfew can be imposed for a maximum of 12 months and we will increase this to up to two years, to give the court a little more flexibility and, we hope, encourage the use of community sentences more often.

    POLICE, CRIME, SENTENCING AND COURTS BILL (THIRTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  5. But it is not currently clear what powers probation officers have if they are concerned about a new or escalated risk that an offender presents, which is not necessarily related to the delivery of what the court has ordered. Hence this measure, which enables the responsible officer to require the offender to participate in a meeting. It simply clarifies that that can happen. I think we all agree that contact between the responsible officer, for example, the probation officer, and the offender is a good thing to make sure that that relationship is being properly managed. Clause 125 is one of a number of measures in the Bill that seek to strengthen community sentences.

    POLICE, CRIME, SENTENCING AND COURTS BILL (THIRTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  6. In other cases, they might be working with the offender to develop a sentence plan and monitor their progress against it, but referring them to colleagues or to other organisations to deliver particular requirements, for example, educational or treatment requirements. The current legislation lacks clarity on the extent of a responsible officer’s power to compel an offender, who is subject to a community or suspended sentence order, to attend supervision appointments—meetings, essentially. Offenders serving community sentences have a duty to keep in touch with their responsible officer, and responsible officers also have the power to make any arrangements that are necessary in connection with the requirements imposed by the Order.

    POLICE, CRIME, SENTENCING AND COURTS BILL (THIRTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  7. Let me start with clause 124, which would give responsible officers the power to compel offenders to attend an appointment at any point in a community order or during the supervision period of a suspended sentence, in exceptional circumstances. The responsible officer is the statutory term for the probation practitioner who is overseeing the order. Section 198 of the Criminal Justice Act 2003 requires the responsible officer to make any arrangements that are necessary in connection with the requirements imposed by the order, and to promote the offender’s compliance with those requirements. In some cases, the responsible officer might be delivering those requirements directly.

    POLICE, CRIME, SENTENCING AND COURTS BILL (THIRTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  8. My expectation is that it would never get that far, because I would expect the supervising officer to be reasonable in the meantime.

    POLICE, CRIME, SENTENCING AND COURTS BILL (FOURTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  9. The same applies to people with learning difficulties. Courts sentence on a case-by-case basis and, where electronic monitoring has been imposed as one element of that sentence, the officer supervising the offender is already able to review notifications of apparent violations and take a reasonable view, on a case-by-case basis. If someone has been genuinely unable to understand how to operate the equipment or had a genuine technical problem, we would expect probation officers to exercise reasonable discretion. As I said at the very beginning, if a breach did follow and the court was invited to impose some penalty, it would be open to the offender to make a representation at that point to explain the mitigating circumstances.

    POLICE, CRIME, SENTENCING AND COURTS BILL (FOURTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  10. A significant penalty can never be imposed without the intervention of the court. Questions were asked about circumstances beyond the control of the offender. We heard about the possibility of a device malfunctioning and about particular circumstances relating to disability that might disadvantage certain people. We envisage the power laid out in section 124 being used only in rare circumstances, certainly not routinely. I confirm that it is the intention to provide clear advice to probation staff, setting out the rare circumstances in which additional supervision may be warranted, to ensure, for example, that disabled offenders are not unfairly or unduly disadvantaged, and to avoid the purpose of these supervision appointments going beyond the very specific purposes that the order has been imposed by the sentencing court.

    POLICE, CRIME, SENTENCING AND COURTS BILL (FOURTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  11. Thank you, Sir Charles. I trust everyone has had a refreshing and congenial break for lunch. Prior to the break, the shadow Minister raised a number of questions relating to clauses 124 to 128 and to schedules 12 to 14. I will endeavour to answer as many of those questions as I can. He asked what procedure offenders could use to challenge orders made under clauses 124 and 125, particularly to ensure that they were not unduly penalised if they then breached the conditions that had been imposed. If a breach does occur and some serious consequence follows, it is always open to the offender to make a representation when attending their hearing at court to either make the case that the breach was technical or minor in nature, or that the condition itself was not varied in a reasonable way.

    POLICE, CRIME, SENTENCING AND COURTS BILL (FOURTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  12. Schedule 12 agreed to . Clause 128 ordered to stand part of the Bill . Schedule 13 agreed to . Clause 129 ordered to stand part of the Bill . Schedule 14 agreed to . Clause 130 Duty to consult on unpaid work requirements Question proposed, That the clause stand part of the Bill.

    POLICE, CRIME, SENTENCING AND COURTS BILL (FOURTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  13. Problem-solving courts do not require a guilty plea, and this Bill does not stipulate that as a prerequisite, but a willingness to engage with the court and comply with the community interventions will be an important factor. The problem-solving courts working group in 2016 considered making a guilty plea a key factor in creating the engagement necessary, but we recognised the number of complexities across the cohorts targeted, and did not think it was necessarily required. People who plead not guilty, and are then convicted, would be eligible for the problem-solving court, and I hope they can be helped as much as anyone else. On that basis, I commend these provisions to the Committee. Question put and agreed to . Clause 124 accordingly ordered to stand part of the Bill. Clauses 125 to 127 ordered to stand part of the Bill .

    POLICE, CRIME, SENTENCING AND COURTS BILL (FOURTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  14. I am committed to community sentence treatment requirements, which are a form of disposal that provides for mental health, alcohol and drug addiction treatment. Quite a lot of money has gone into that recently—£80 million for drug addiction earlier this year. Problem-solving courts are a critical way of supporting the delivery of treatment under community sentence treatment requirements. It is something I want to push, and I am glad that there is agreement across the House on that. The final question that the shadow Minister asked was whether a guilty plea was needed to qualify for an appearance before a problem-solving court.

    POLICE, CRIME, SENTENCING AND COURTS BILL (FOURTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  15. The details make a big difference, and the design of the way it works—when the reviews takes place, what they are reviewing and what actions are taken—make a difference to whether the thing is successful or not. While across the House we are committed to the principle of problem-solving courts to tackle the underlying causes of offending, we have to make sure that they work in practice and the details are right before rolling them out. To answer another of the shadow Minister’s questions, I am sure we will be coming back to Parliament and reporting on the progress of these problem-solving courts. My hope is that we find a way quickly to make these work in practice and can then roll them out.

    POLICE, CRIME, SENTENCING AND COURTS BILL (FOURTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  16. So they are very limited powers to vary, which I hope provides the reassurance asked for. The hon. Member for Garston and Halewood, who unfortunately is not in her place, referred to the problem-solving courts in Liverpool. I understand that the results from that have been a little mixed, but we are committed on both sides of the House to the principle of problem-solving courts, and I noted the shadow Minister’s recitation of the history of these going back as far as 1999. Both sides recognise the important role that problem-solving courts can play. Other jurisdictions have used them, with the United States being an obvious example. We are starting on a pilot basis rather than a big-bang roll-out because the details of how the model operates is important.

    POLICE, CRIME, SENTENCING AND COURTS BILL (FOURTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  17. The shadow Minister asked whether the powers in clause 126 were too wide and gave the responsible officer excessive latitude and leeway to vary curfew requirements that a court had previously imposed—to dispense summary justice without proper reference to the courts. To be clear, clause 126 is very limited in the powers that it provides probation officers, and they will be able to amend the requirement in only two limited ways, and only if those changes do not undermine the weight or purpose of the requirement imposed by the court. The power in clause 126 is restricted to two areas: a shift in the start and/or end times of the curfew periods—but no change to the total number of hours imposed—and a change to the offender’s curfew address, where the address was not part of the order in the first place.

    POLICE, CRIME, SENTENCING AND COURTS BILL (FOURTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  18. Clearly, in the first instance we would expect the responsible officer to exercise these powers in a reasonable way and to exercise discretion. Hopefully, as I said a few minutes ago, these cases would not get as far as court because the probation officer would act in a reasonable and proportionate way in the first place. The guidance will reflect that. If someone does get to court, there is the possibility of their being represented in proceedings. However, I also would expect the judge to ask a reasonable question of the person appearing before the court, such as whether there were any mitigating circumstances or technical problems or whether they had failed to understand how to operate the equipment. If there is a vulnerability, the pre-sentence report written prior to the original sentencing would be expected to pick up those issues.

    POLICE, CRIME, SENTENCING AND COURTS BILL (FOURTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  19. This clause simply creates a proper duty, or a requirement, for the probation service to do it. Of course, if we understand the needs of local communities and their thoughts, we can improve the way unpaid work placements operate to support rehabilitation and also help the local community. If the local community can visibly see offenders doing unpaid work in their local area, whether it is cleaning off graffiti, cleaning the place up or whatever else it may be, that will, we hope, demonstrate that the programme is giving back to and improving the local community, but delivering a punitive element as well.

    POLICE, CRIME, SENTENCING AND COURTS BILL (FOURTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  20. Nominated local projects are already popular with sentencers and the public, but there is currently no requirement for probation officials to consult stakeholders on the design or delivery of unpaid work, so members of communities and organisations within particular local areas that are best placed to understand the impact of crime and what might be useful in the local area do not necessarily have their say. Clause 130 simply seeks to address the gap by ensuring that key local stakeholders are consulted, so that they can suggest to the probation service what kind of unpaid work might be useful in their local area. We hope that local community groups and stakeholders come up with some good ideas that the probation service can then respond to. That seems to be a pretty sensible idea. The probation service in some areas may do it already.

    POLICE, CRIME, SENTENCING AND COURTS BILL (FOURTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  21. I will follow your direction, Sir Charles, by saying just a few words on this clause, which is relatively straightforward and, I think, pretty inoffensive. Clause 130 simply creates a requirement for probation officials to consult key local and regional stakeholders on the delivery of unpaid work. Unpaid work—or community payback, as it is sometimes known—combines the sentencing purposes of punishment with reparation to communities. We believe that, where possible, unpaid work requirements should benefit the local communities in which they are carried out.

    POLICE, CRIME, SENTENCING AND COURTS BILL (FOURTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  22. Extra resources are going into the probation service for it to supervise exactly these kinds of activities, and I would expect them to be supervised and policed properly. I will certainly pass on her concern to the relevant Minister. I have already made contact about fixing a meeting for the hon. Lady and the Prisons Minister that we talked about in this morning’s session, in relation to victims being consulted about probable decisions. The same Minister, my hon. Friend the Under-Secretary of State for Justice, is responsible for the probation service as well—I am just adding to his workload. I will raise it with him, but I would certainly urge the hon. Member for Rotherham to raise this issue in the same meeting, because I know that the account she just gave will concern my hon. Friend as much as it concerns me.

    POLICE, CRIME, SENTENCING AND COURTS BILL (FOURTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  23. The hon. Lady makes a very good point. First, I am extremely disappointed and somewhat shocked to hear that people who were supposed to be doing work at a hospice in Rotherham in fact sat around smoking cigarettes. That is obviously shocking and not what the orders are supposed to be about. The hon. Lady says that the probation officer shrugged their shoulders and said, “Well, what can I do about it?” Of course, if the person, the offender, was not doing the work that they were supposed to be doing, that would amount to a breach of the unpaid work requirement, and they could be taken back to court to account for their breach, so I am extremely disappointed by the attitude of the probation officer that the hon. Lady just described. The hon. Lady asked about resources.

    POLICE, CRIME, SENTENCING AND COURTS BILL (FOURTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  24. Wonderful. We would like to see the kind of consultation that already takes place in Scarborough and Whitby take place across the country as a whole, and that is precisely the intention behind clause 130. Where Scarborough has led, the rest of the nation, thanks to this clause, will follow. Question put and agreed to. Clause 130 accordingly ordered to stand part of the Bill. Clause 131 Youth Remand

    POLICE, CRIME, SENTENCING AND COURTS BILL (FOURTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  25. The current tests already require the court to satisfy itself that a child can be remanded to custody only where it is necessary to protect the public from death or serious harm. We are reinforcing that necessity condition by making it clear that it means when the risk posed by the child cannot be managed safely in the community. These measures, taken together, significantly elevate and strengthen the test for child remand to custody.

    POLICE, CRIME, SENTENCING AND COURTS BILL (FOURTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  26. The clause introduces a statutory duty for the court to consider the welfare and best interests of the child when making remand decisions and a statutory requirement for the court to record its reasons for imposing custodial remand to ensure that the welfare of the child is at the forefront of the court’s mind and promote a child-first approach to decision making. We are also strengthening the sentencing condition to ensure that the mere possibility of a custodial sentence would not on its own necessarily warrant custodial remand. Similarly, a relatively minor or fairly recent breach should not, on its own, justify remand. We are reinforcing the history condition so that only a recent, significant and relevant history of breaching while on bail should be taken into account to justify custodial remand.

    POLICE, CRIME, SENTENCING AND COURTS BILL (FOURTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  27. We are mindful that over a third of children in custody are on remand and that, of those, only around a third go on to receive a custodial sentence. While custodial remand is perfectly justified in some cases, the threshold for confining an unconvicted child to a secure environment must, rightly, be set very high indeed. It sounds like we broadly agree on these principles, and that is why we are amending the provisions of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, which sets out the test that the courts must satisfy when deciding whether to remand a child into custody. I think everyone agrees with the aim of the clause, which is to make sure that remand custody for a child is an absolute last resort. The shadow Minister welcomed this direction of travel and the steps that are being taken.

    POLICE, CRIME, SENTENCING AND COURTS BILL (FOURTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  28. As the shadow Minister said, clause 131 aims to ensure that children are remanded into youth detention accommodation only where absolutely necessary and as a last resort. As the hon. Member for Rotherham and the shadow Minister said, that is something that we can all agree on. We do not want to remand children into custody prior to conviction unless it is absolutely necessary. The hon. Member for Rotherham said that prevention was important, and of course we agree, although it is outside the scope of these clauses. Money is being invested, significantly, in serious violence reduction units that aim to prevent, but also to divert young people who might otherwise get into serious crime on to a better path.

    POLICE, CRIME, SENTENCING AND COURTS BILL (FOURTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  29. He said that only 12% of children going into police remand end up in custodial remand. That demonstrates that 88% of children on police remand do not go into custodial remand, which suggests that there is not a strong linkage in the way that he feared there might be.

    POLICE, CRIME, SENTENCING AND COURTS BILL (FOURTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  30. We do not support the amendment for that reason, although, in spirit, our clause as drafted is pushing in a very similar direction. We just think that six weeks is too precise and that the judge should have some residual discretion. Before moving to amendments 129 and 130, I would like to touch on a question that the shadow Minister raised about whether police remand almost inevitably and inappropriately leads to custodial remand. He said that could be because there is not enough time to consider bail arrangements and that it could create a sense of bias because, if the judge sees the person in the dock, it may lead them to believe that they are a more serious offender. I do not accept either argument. The statistics that he himself gave a minute or two later support that.

    POLICE, CRIME, SENTENCING AND COURTS BILL (FOURTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  31. The shadow Minister leads me to his amendment 128, to which I was going to speak in a moment, but I shall address it now as he has raised it. There will not be a hard or specific time limit in the way that his amendment specifies six weeks. We think that a hard-edged limit of six weeks specified so precisely would unduly fetter judicial discretion. The judge should be able to make a judgment in the round, taking into account all the considerations. A hard cut-off of six weeks is too binary. It is made clear that the judge needs only to look at circumstances where there is a history of breach or offending while on bail that is recent, significant and relevant. That is quite a high test, but we do not propose to go as far as amendment 128 does in specifying six weeks.

    POLICE, CRIME, SENTENCING AND COURTS BILL (FOURTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  32. In all honesty, we believe that the amendment is unnecessary because the data is already collected and published, so the information is there already. The important point about the new record being created is that the reasons for custodial remand have to be spelt out expressly to ensure that the court is properly considering those things. We can then be absolutely assured that the court has to consider those matters and record them so that they are there to look at subsequently and be reviewed, not forgotten in the rush of a court appearance. The substance is captured already by the requirements in clause 131. It seems that both sides of the Committee broadly agree on this, so I do not think that amendments 128 to 130 are particularly necessary, although I do understand the spirit in which they are moved.

    POLICE, CRIME, SENTENCING AND COURTS BILL (FOURTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  33. The provisions in clause 131 as drafted will send a fairly clear signal to the judiciary that this is something that should be taken very seriously in making these decisions and that Parliament does not want children remanded to custody lightly or inappropriately. The clause as drafted makes that pretty clear. It also makes it clear that not only do the conditions that we have talked about have to be met but, in the opinion of the court, the risk posed cannot be managed safely in the community. Clause 131 as drafted sends a very clear message that custodial remand should indeed be a last resort. Amendment 130, proposed by the shadow Minister, would require the court to state in open court the age, sex and ethnicity of a child remanded to custody.

    POLICE, CRIME, SENTENCING AND COURTS BILL (FOURTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  34. I think that the shadow Minister also pointed out to the Committee that there is a 24-hour time limit on police remand for children, so it is an extremely short period of time. For that very short window before the court appearance, it ensures that the police do not lose control of the person in their care. Clearly, if that was going on for days or weeks, it would be a matter of concern, but it is a very short time window, as he said. The shadow Minister’s amendment 129, on the necessity condition, proposes the insertion of the single word “serious”. I contend that any imprisonable offence is in itself serious but, more broadly, we are again relying on judicial discretion. We do not want to unduly fetter the judge’s discretion.

    POLICE, CRIME, SENTENCING AND COURTS BILL (FOURTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  35. The schedule also makes further amendments where an offender is given two or more sentences, of which one is a DTO. Those sentences are treated as being a single term for the purposes of crediting the days spent on remand or bail. The schedule also makes changes to the Armed Forces Act 2006 to make sure that there is consistency. Those are relatively technical and, I hope, relatively straightforward changes.

    POLICE, CRIME, SENTENCING AND COURTS BILL (FOURTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  36. The change means that where an offender is serving a DTO and another sentence consecutively, the offender may benefit from the same amount of early release, regardless of the order in which sentences are given. I think that is a fairly innocuous and sensible technical change to the 2003 Act. Clause 134 introduces schedule 15, and that schedule amends the 2003 Act and the sentencing code, so that time spent on remand and bail, where that bail is subject to a qualifying curfew condition and an electronic monitoring condition—a tag—is counted as time served and credited accurately against the custodial part of the DTO. That is a change to the current approach, where time on remand or bail is taken into account when determining the length of the DTO, rather than being credited as time served.

    POLICE, CRIME, SENTENCING AND COURTS BILL (FOURTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  37. At the moment, there is not always a DTO length that directly fits once remand, bail or guilty pleas have been considered, and the court must instead refer the sentence to one of the fixed lengths of four, six, eight, 10, 12, 18 or 24 months. With the proposed changes, the court may go between those sentence lengths, if it needs to, to fit in with the reductions for time spent on remand and so on. It is a fairly straightforward change, which makes a great deal of sense. Clause 133 amends the sentencing code and the Criminal Justice Act 2003 to fix a current inconsistency in relation to early release. That inconsistency means that different lengths of early release are available for offenders sentenced consecutively to a DTO and another sentence, depending on the order in which they receive those sentences.

    POLICE, CRIME, SENTENCING AND COURTS BILL (FOURTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  38. In that spirit, clause 132 amends the sentencing code to remove the fixed lengths of the DTO, meaning that any length of DTO between four months and 12 months can be given. The court can pass the right sentence instead of being constrained to give only sentences of DTOs of four, six, eight, 10, 12, 18 or 24 months. Removing those very fixed lengths does not change the maximum or minimum sentence but just means that any length of sentence can be given between the limits of four and 24 months. Removing the fixed lengths also means that the reductions made for time spent on remand that we have just been talking about, or bail, which is subject to a qualifying curfew condition and an electronic monitoring condition, and for a guilty plea, will be more accurate.

    POLICE, CRIME, SENTENCING AND COURTS BILL (FOURTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  39. We want a youth justice system that recognises the unique needs of children, tackles the underlying reasons why children offend and intervenes early to provide support and divert them where possible. There is a distinct and separate sentencing framework for children aged 10 to 17, which recognises that children have their own specific needs that require a different and tailored approach. The clauses and schedule amend existing legislation to enable us to make the necessary changes to the most common youth custodial sentence, the detention and training order, or DTO. The changes are to make the DTO more flexible, fairer and more in line with other youth custodial sentences.

    POLICE, CRIME, SENTENCING AND COURTS BILL (FOURTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  40. In a sense, when we account for the time served and so on, and particularly the early plea discount, at the moment there is an inappropriate rounding down, because of the fixed points, which will now be eliminated. The time served will therefore better reflect the law and the court’s intention, and that will lead to a very slight increase in the number of people subject to these orders at any given point. However, the total number receiving the order will not change.

    POLICE, CRIME, SENTENCING AND COURTS BILL (FOURTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  41. I am glad that the shadow Minister welcomes the broad thrust of these changes. That is very welcome indeed. In response to his questions about the impact assessment, it is important to say that it makes it clear on the second page that “there will be no additional children sentenced to DTOs”. The question therefore arises: why, then, will there be this very slight increase in the population, of between 30 and 50 places? The reason, as far as I can see, is that where the DTO sentence length falls between the two fixed points, at the moment it gets rounded down to the lower of the two, whereas under these proposals it can be calculated precisely. No additional people will be subject to a DTO; however, we will no longer have this rounding-down effect.

    POLICE, CRIME, SENTENCING AND COURTS BILL (FOURTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  42. It is more that, owing to an anomaly in the current system that is a consequence of the fixed points, people are being let out slightly early. This change really means, among other things, that the law as written can be fully implemented, rather than this little rounding anomaly occurring. However, I stress that the effect is very slight.

    POLICE, CRIME, SENTENCING AND COURTS BILL (FOURTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  43. Clause 135 Youth rehabilitation orders Question proposed , That the clause stand part of the Bill.

    POLICE, CRIME, SENTENCING AND COURTS BILL (FOURTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  44. By the way, I should take this opportunity to thank the shadow Minister for his earlier commendation of the Government’s record on reducing unnecessary child imprisonment. In answer to the shadow Minister’s last question, which was about youth offending teams and longer time potentially being spent under their care, clearly it is our hope and expectation that youth offending teams will be effective—indeed, they are effective—in helping to divert young people on to a better path in life. We are generally increasing resources in this area, and I hope that that will have precisely that effect. Question put and agreed to. Clause 132 accordingly ordered to stand part of the Bill. Clauses 133 and 134 ordered to stand part of the Bill. Schedule 15 agreed to.

    POLICE, CRIME, SENTENCING AND COURTS BILL (FOURTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  45. The amendments are listed in schedule 16 and include the introduction of a new electronic whereabouts monitoring requirement and changes to the YRO with intensive supervision and surveillance, ISS, a high-intensity alternative to custody, with mandatory extended activities, supervision and curfew requirements.

    POLICE, CRIME, SENTENCING AND COURTS BILL (FOURTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  46. As we have said previously, and as I think the Opposition would agree, we believe that, wherever possible, children who offend should be managed in the community, as it is better for their rehabilitation and therefore wider society, as it is less likely that they will reoffend. In that spirit, clause 135 introduces and refers to schedule 16, which makes amendments to YRO provisions set out in the Criminal Justice and Immigration Act 2008 and in the sentencing code, which we believe will give the courts and the public confidence in YROs as an alternative to custody.

    POLICE, CRIME, SENTENCING AND COURTS BILL (FOURTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  47. As a consequence, reparation orders have dropped out of usage—they dropped by 98% over the last decade because the other disposals have taken up the slack. Only 51 have been handed down in the year to March 2020. It is by far the least-used non-custodial disposal. Therefore, in the interests of clarity and simplicity, the clause abolishes the reparation order to enable those other forms of disposal to be used, as they are used anyway.

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  48. Given your suggestion, Sir Charles, I will place a premium on brevity. Clause 136 is straightforward. We believe that restorative justice is an important part of the justice system. However, the reparation order itself has been made redundant, having been overtaken by the evolution of the wider youth justice sentencing framework. Instead, referral orders and youth rehabilitation orders now provide a wider range of interventions, including elements of restorative justice, and are more flexible than a reparation order. They have essentially replaced reparation orders. Also, reparation orders cannot be given in conjunction with a referral order or a youth rehabilitation order, which significantly reduces the circumstances in which they can be used.

    POLICE, CRIME, SENTENCING AND COURTS BILL (FOURTEENTH SITTING) · 2021-06-15 · READ IN HANSARD

  49. Member and other members of the Committee that because academy trusts have to be not-for-profit by their nature, this new provision does not open up the possibility of introducing the profit motive into the provision of these secure schools. I hope that my remarks achieve the twin objectives of giving commitment and assurance on these clauses, as well as avoiding a clashing with a vote that may be imminent.

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  50. Although secure schools are a secure environment, they are essentially schools and children’s homes, and so should be inspected by Ofsted and the CQC. Involving the prisons inspectorate in these institutions would run counter to the ethos we are trying to develop. In speaking to amendment 146, the hon. Member for Rotherham made a compelling contribution on some of the failings that have occurred in the past, which we all agree we want to avoid. We are clearly talking about the new secure 16-to-19 academies. I want to speak to the concern about the profit motive, which amendment 146 addresses. As part of the existing academies legislation, an academy trust is, by definition, a not-for-profit charitable company, so I can confirm to the hon.

    POLICE, CRIME, SENTENCING AND COURTS BILL (FOURTEENTH SITTING) · 2021-06-15 · READ IN HANSARD