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UK PARLIAMENT · SITTING

Gareth Bacon

MP for Orpington · Conservative · United Kingdom

IN THEIR OWN WORDS

It is a pleasure to serve under your chairmanship, Sir Desmond, and to take part in this debate about the impact of changes to the national planning policy framework. At the outset, I thank the hon. Member for Wells and Mendip Hills (Tessa Munt) for securing this important debate.

NATIONAL PLANNING POLICY FRAMEWORK · 2026-07-16 · READ IN HANSARD

Furthermore, it has shown that England’s brownfield sites are increasing in number, land area and minimum net dwellings—up 54%, 6% and 34% respectively between 2018 and 2024.

NATIONAL PLANNING POLICY FRAMEWORK · 2026-07-16 · READ IN HANSARD

A future Conservative Government will employ a genuine brownfield-first approach rather than releasing swathes of green belt or relabelling it under the murky and disingenuous designation of “grey belt”. We will not just pay lip service to brownfield development, but prioritise it and make it easier. That can and will be done.

NATIONAL PLANNING POLICY FRAMEWORK · 2026-07-16 · READ IN HANSARD

The Prime Minister has told us that it means low-quality land made up of “disused car parks”, but that is far from the truth, because, for too many sites, grey belt is simply a façade for releasing green-belt sites for urban sprawl and overdevelopment.

NATIONAL PLANNING POLICY FRAMEWORK · 2026-07-16 · READ IN HANSARD

As I pointed out in this place yesterday, the Government’s own figures show that the number of net new additional dwellings in England was just 208,600 in Labour’s first year in power—a 6% drop from 2023-24 under the last Conservative Government’s final year in office.

NATIONAL PLANNING POLICY FRAMEWORK · 2026-07-16 · READ IN HANSARD

It covers everything from roads to housing, local communities to land use, and provides the overarching checks, balances and direction in the planning system. We are not in blanket opposition to everything that the Government are seeking to do with the NPPF.

NATIONAL PLANNING POLICY FRAMEWORK · 2026-07-16 · READ IN HANSARD

The complete record

Every one of 600 lines we hold for Gareth Bacon, in date order, each linked to its source. Free to read, in full, without an account. Page 12 of 12.

  1. Let me turn now to appeals, which serve as an important corrective function for individuals, whether to correct a miscarriage of justice, such as the conviction of someone who is factually innocent, or to correct a legal error, such as a harsher sentence than is legally permissible having been imposed. They also serve important public functions in ensuring that the criminal law is interpreted and applied consistently and predictably. I know that the substantive injustice test has previously been raised in the House in connection with joint enterprise—specifically, in respect of whether legislative change affects the validity of a conviction under the previous law. The Law Commission is considering that issue as part of its full and extensive review of the law in relation to criminal appeals and procedure.

    JOINT ENTERPRISE (SIGNIFICANT CONTRIBUTION) BILL · 2024-02-02 · READ IN HANSARD

  2. The Government are aware that the ruling in Jogee was initially welcomed by the academic world and families of convicted offenders, but the change in the law also appears to have been widely misinterpreted as applying to joint enterprise overall, when the change is much more limited—that is, the change relates only to cases involving parasitic accessory liability. This has obviously led to defendants’ families feeling further disappointment that the decision in Jogee has had little or no impact on those serving time in prison for such crimes.

    JOINT ENTERPRISE (SIGNIFICANT CONTRIBUTION) BILL · 2024-02-02 · READ IN HANSARD

  3. Following the decision, Mr Jogee was cleared of murder by the Court, but retried and found guilty of manslaughter. His previous sentence of life imprisonment with a minimum of 20 years was replaced by a fixed term of 12 years. As a result of the decision reached in Jogee, parasitic accessory liability no longer applies as a basis for criminal liability. However, this narrow change to the law on joint enterprise has been widely misunderstood as meaning that all convictions under joint enterprise would now be found not guilty on appeal. In circumstances in which parasitic accessory liability previously applied, the principles applicable to all cases of secondary liability now apply. The decision in Jogee effectively resolved what the Government view as the most troubling aspect of the joint enterprise law.

    JOINT ENTERPRISE (SIGNIFICANT CONTRIBUTION) BILL · 2024-02-02 · READ IN HANSARD

  4. It considered that the law should revert to the well-established rule that exists in relation to other types of joint enterprise offending—that is, that a person can be guilty of offences committed by other members of the group only if he or she intentionally encouraged or assisted those offences to be committed. Where somebody participated in an offence that involved a clear risk of harm, and death resulted, although with no intention that it should happen, he or she could still be convicted of manslaughter. This led the Supreme Court to conclude that the law had taken a wrong turn 30 years earlier, by equating foresight with the intent to assist. The correct approach was to treat foresight as evidence of intent to assist in the crime.

    JOINT ENTERPRISE (SIGNIFICANT CONTRIBUTION) BILL · 2024-02-02 · READ IN HANSARD

  5. With the greatest respect to the hon. Gentleman, I gave my reasons earlier. It is not because I am trying to curtail this debate; it is because other debates are due to take place after this one. In answer to his substantive question, I am outlining the Government’s position on joint enterprise. In considering Mr Jogee’s case, the Supreme Court considered the issue of parasitic accessory liability and concluded that a person should not be guilty merely for foreseeing that an accomplice might commit a second offence during the course of the original planned crime.

    JOINT ENTERPRISE (SIGNIFICANT CONTRIBUTION) BILL · 2024-02-02 · READ IN HANSARD

  6. Without such a definition, that would mean that a perpetrator’s contribution to an offence could be determined differently, with the bar being either lower or higher depending on the assessment undertaken by the specific jury in question. In effect, there may be no real parity in such assessments, which in turn could lead to appeals on the basis of how a significant contribution to a crime has been assessed when compared with other such cases. That could result in an incoherent framework and would jeopardise the certainty of the law. I am conscious of the time, Mr Deputy Speaker. I thank the hon. Member for Liverpool, Riverside again for her Bill, but the Government must oppose it for the reasons that I have outlined.

    JOINT ENTERPRISE (SIGNIFICANT CONTRIBUTION) BILL · 2024-02-02 · READ IN HANSARD

  7. This change could lead to difficulties in securing a conviction and therefore bringing offenders to justice, even when there is significant evidence that the defendants did participate in the crime, simply owing to evidential difficulties in trying to establish the precise role that each party played—that is to say, whether they were a principal offender or an accessory—and how much weight should be given to those roles in terms of their “significant contribution”, which is not defined. It is also unclear whether this change was actually intended, as the Government believe that the stated intention of the Bill is to clarify, and not to amend, the law on secondary liability. An additional concern is that no definition has been provided on what is to be determined by “significant contribution”.

    JOINT ENTERPRISE (SIGNIFICANT CONTRIBUTION) BILL · 2024-02-02 · READ IN HANSARD

  8. Of key concern, however, is the fact that the proposed change to section 8 would place a requirement on the prosecution to identify the precise nature of a defendant’s role in aiding, abetting, procuring or counselling the commission of the crime committed in order to prove that the defendant had made a “significant contribution” —a threshold that does not currently need to be met.

    JOINT ENTERPRISE (SIGNIFICANT CONTRIBUTION) BILL · 2024-02-02 · READ IN HANSARD

  9. Thank you, Mr Deputy Speaker. Section 8 of the 1861 Act is intrinsically linked with other inchoate offences such as those specified in sections 44 to 46 of the Serious Crime Act 2007: intentionally encouraging or assisting an offence, encouraging or assisting an offence believing it will be committed, and encouraging or assisting offences believing one or more will be committed. It is also linked to section 44(1) of the Magistrates’ Court Act 1980, which makes similar provision to that contained in section 8 of the 1861 Act, but in relation to summary only and triable either way offences.

    JOINT ENTERPRISE (SIGNIFICANT CONTRIBUTION) BILL · 2024-02-02 · READ IN HANSARD

  10. In all those cases, the perpetrator was male. Killing in those cases is the final controlling act of an abusive partner and its seriousness will now be recognised in law.

    DRAFT SENTENCING ACT 2020 (AMENDMENT OF SCHEDULE 21) REGULATIONS 2023 · 2024-01-23 · READ IN HANSARD

  11. The horror of overkill, and the anguish that knowing that the body of their loved one was violated in such a way causes victims’ families, will now be recognised in statute. Although the SI is an important first step in the Government’s response to the domestic homicide sentencing review, it forms part of a wider package of measures that we are taking forward in response to the recommendations made by Clare Wade KC. The final legislative measure in the package is being taken forward separately in the Criminal Justice Bill. It will make the connection between a murder and the end of a relationship, or the victim’s intention to end a relationship, a statutory aggravating factor. In 40% of the murder cases analysed for the review, the murder occurred at the end, or perceived end, of the relationship.

    DRAFT SENTENCING ACT 2020 (AMENDMENT OF SCHEDULE 21) REGULATIONS 2023 · 2024-01-23 · READ IN HANSARD

  12. The new statutory mitigating factor will apply in those cases where a victim of abuse has killed their abuser, in recognition of their experience of abuse which preceded the killing and its impact on their culpability. Secondly, the statutory instrument introduces a statutory aggravating factor for murder in relation to overkill, which it refers to as “sustained and excessive violence”. The prevalence of overkill in domestic murders is striking. It was identified in more than half the murder cases analysed for the review. In all but one of those cases, the perpetrator was male, and in more than two thirds, the perpetrator had also exhibited coercive or controlling behaviour towards the victim. Overkill causes intense distress to victims’ families.

    DRAFT SENTENCING ACT 2020 (AMENDMENT OF SCHEDULE 21) REGULATIONS 2023 · 2024-01-23 · READ IN HANSARD

  13. Cases of domestic murder are rarely isolated incidents. They are often the culmination of years of abuse underpinned by coercion and control. In the majority of cases, although not all, the abuse has been committed by the perpetrator of the murder, who is usually a man, against the victim, who is usually a woman. The new statutory aggravating factor will apply in those cases where an abusive partner or family member has killed their victim, in recognition of the seriousness of the preceding abuse and the experience of the victim before death. However, a minority of cases involve a victim of abuse who has killed their abuser, often after years or even decades of abuse. In most of those cases, the perpetrator of the killing and the victim of the abuse is a woman.

    DRAFT SENTENCING ACT 2020 (AMENDMENT OF SCHEDULE 21) REGULATIONS 2023 · 2024-01-23 · READ IN HANSARD

  14. We are also delivering on our rape review action plan, tackling violence against women and girls strategy and tackling domestic abuse strategy, and more than quadrupling funding for victim and witness support services by 2024-25, up from £41 million in 2009-10. However, as Clare Wade KC highlights in her review, our sentencing framework for murder does not yet fully reflect the increased seriousness that society now recognises in offending committed in a domestic context. Nor does it adequately account for the reduced culpability of a victim of abuse who snaps and kills their abuser. The measures that the regulations introduce will change that. First, the draft regulations introduce both a statutory aggravating factor and a statutory mitigating factor for murder in relation to controlling or coercive behaviour.

    DRAFT SENTENCING ACT 2020 (AMENDMENT OF SCHEDULE 21) REGULATIONS 2023 · 2024-01-23 · READ IN HANSARD

  15. Although it always remains open to judges to consider aggravating and mitigating factors not contained in schedule 21, the schedule does not include any specific consideration of the seriousness of domestic homicides and the abuse that often precedes such cases. Over the last 20 years our societal and legal understanding of domestic abuse has evolved. The Government have made controlling or coercive behaviour in an intimate or family relationship a criminal offence under the Serious Crime Act 2015, and introduced the landmark Domestic Abuse Act 2021, which created a legal definition of domestic abuse for the first time and made non-fatal strangulation a criminal offence.

    DRAFT SENTENCING ACT 2020 (AMENDMENT OF SCHEDULE 21) REGULATIONS 2023 · 2024-01-23 · READ IN HANSARD

  16. The majority of domestic homicides are committed by men against women. In many of these cases, the victim has been subjected to years of abuse before their death and many also involve sustained and excessive violence towards the victim, which I will refer to in this debate as “overkill”. When female perpetrators commit domestic homicide, they have often, although not exclusively, been the victims of abuse and have killed their abuser. The legal framework for sentencing for murder is primarily contained in schedule 21 to the Sentencing Act 2020. Schedule 21 was first introduced in the Criminal Justice Act 2003, more than 20 years ago, and contains the factors to which the court must have regard when assessing the seriousness of murder.

    DRAFT SENTENCING ACT 2020 (AMENDMENT OF SCHEDULE 21) REGULATIONS 2023 · 2024-01-23 · READ IN HANSARD

  17. That followed concerns raised by a number of stakeholders, including the Domestic Abuse Commissioner and the Victims’ Commissioner, and by Carole Gould and Julie Devey, the mothers of two young women, Ellie Gould and Poppy Devey- Waterhouse, who were tragically murdered by their former partners in 2018 and 2019 respectively. I would like to take this opportunity to pay tribute to Carole and Julie for their tireless campaigning following the deaths of their daughters, and to Clare Wade KC for her work on this important review. About a quarter of all homicides in England and Wales are classed as domestic: that is, they are committed by the partner or ex-partner or a relative of the victim. Over the past 10 years, that represents an average of nearly 160 homicides a year, with almost 90 of those being committed by a partner or ex-partner.

    DRAFT SENTENCING ACT 2020 (AMENDMENT OF SCHEDULE 21) REGULATIONS 2023 · 2024-01-23 · READ IN HANSARD

  18. I beg to move, That the Committee has considered the draft Sentencing Act 2020 (Amendment of Schedule 21) Regulations 2023. It is a pleasure to serve under your chairmanship, Mr Vickers. Last July, my right hon. and learned Friend the Lord Chancellor made a written statement to this House announcing the publication of the full Government response to the independent domestic homicide sentencing review undertaken by Clare Wade KC. The response announced a package of proposed reforms to ensure that the seriousness of domestic homicides is reflected in our sentencing framework. The draft regulations before us today are the first step in implementing those important changes. In 2021, Clare Wade KC was commissioned to review sentencing in domestic homicide cases to establish whether the law and sentencing guidelines were fit for purpose.

    DRAFT SENTENCING ACT 2020 (AMENDMENT OF SCHEDULE 21) REGULATIONS 2023 · 2024-01-23 · READ IN HANSARD

  19. We recognise that there are issues and options that would benefit from further consideration, beyond the recommendations made in the review. The consultation seeks views on a minimum term starting point for murders preceded by controlling or coercive behaviour against the victim, and for all murders committed with a knife or other weapon. The consultation will close on 4 March and the Government will carefully consider the responses to determine whether further reform is required. We will update the House on the outcome of the consultation in due course. Murder is the most serious crime that a person can commit, and we must ensure that in every case the sentence is commensurate with the seriousness of the crime. Our sentencing framework must reflect the seriousness of violence and abuse committed by those closest to the victims.

    DRAFT SENTENCING ACT 2020 (AMENDMENT OF SCHEDULE 21) REGULATIONS 2023 · 2024-01-23 · READ IN HANSARD

  20. That consultation also seeks views on adding an aggravating factor to the manslaughter sentencing guidelines for strangulation, suffocation or asphyxiation. Finally, the Lord Chancellor has invited the Law Commission to undertake a review of the use of defences for murder in cases involving domestic abuse, and to consider in particular whether there is any evidence to suggest that defences are used in different ways, or to different effect, depending on the gender of the defendant. Although I hope that hon. Members will support the Government’s important changes in response to Clare Wade KC’s review, I recognise that some Members may want us to go further. We have therefore launched a public consultation to ensure that all options are fully explored.

    DRAFT SENTENCING ACT 2020 (AMENDMENT OF SCHEDULE 21) REGULATIONS 2023 · 2024-01-23 · READ IN HANSARD

  21. It will be applicable if the desecration took place after death as well as during the course of the murder, because the state of the body causes anguish to the relatives who are left behind. As part of the Government’s response to the review, my right hon. and learned Friend the Lord Chancellor wrote to the independent Sentencing Council to propose that they revise their guidelines in the light of the recommendations and the Government’s response to them. I am glad to inform hon. Members that in response, the Sentencing Council is consulting on amending the aggravating and mitigating factors in the manslaughter sentencing guidelines to include a history of controlling or coercive behaviour.

    DRAFT SENTENCING ACT 2020 (AMENDMENT OF SCHEDULE 21) REGULATIONS 2023 · 2024-01-23 · READ IN HANSARD

  22. The good news is that that will not be for at least 15 years because the measure will not kick in as an aggravating factor until beyond the minimum term for a murder conviction, which is 15 years. The hon. Gentleman also mentioned public infrastructure, particularly with regard to prison places. The Government are currently engaged in the largest expansion of the prison estate since the Victorian era, with £4 billion being invested in creating 20,000 additional prison places. The hon. Gentleman was correct that I do not have a brief on his final point about parental responsibility because it is not within the confines of the SI. As he suggested, I will write to him by the end of next week with a full response on that. Question put and agreed to.

    DRAFT SENTENCING ACT 2020 (AMENDMENT OF SCHEDULE 21) REGULATIONS 2023 · 2024-01-23 · READ IN HANSARD

  23. The review found that schedule 21 needed to be updated to reflect our improved societal and legal understanding of fatal domestic abuse. That is exactly what we are doing. That does not preclude a future review of schedule 21, but the Government took the view that the priority was to change the law now, rather than delay. The hon. Gentleman touched on cost and the £100 million. As he said, that is over 40 years. The Ministry of Justice’s annual budget is £14 billion, so although £100 million sounds like a lot of money in isolation, compared with the overall budget, it is not as much as he suggests. The hon. Gentleman asked about longer sentences and pointed out that the impact assessment estimates that the measures will require a set number of prison places.

    DRAFT SENTENCING ACT 2020 (AMENDMENT OF SCHEDULE 21) REGULATIONS 2023 · 2024-01-23 · READ IN HANSARD

  24. The new statutory mitigating factor relating to controlling or coercive behaviour was announced in the Government’s full response in July. Due to its similarity to the equivalent aggravating factor, it was possible to include it in the consultation with the Sentencing Council without delaying its introduction. That is a long way of saying that speed led to its inclusion. The hon. Gentleman asked whether we should have wholesale rather than piecemeal reform. We do not accept that the SI represents a piecemeal change. It is part of a package of reforms that the Government are introducing at the same time to update schedule 21 in response to an independent review. As he knows, it was an in-depth review, which Clare Wade KC undertook, that involved extensive research and engagement with stakeholders across the sector.

    DRAFT SENTENCING ACT 2020 (AMENDMENT OF SCHEDULE 21) REGULATIONS 2023 · 2024-01-23 · READ IN HANSARD

  25. At that time, no primary legislative vehicle was available, so we committed to acting quickly and introducing the legislation as soon as we could. The measure in the Criminal Justice Bill to make murder at the end of a relationship a statutory aggravating factor was announced in the Government’s full response to the review in July and was included in the King’s Speech. It was not possible to include the measure in the SI without delaying its introduction due to the consultation that is required. That is why we have done that in a slightly different way. We decided to proceed with the SI to ensure that important changes could be made as soon as possible, and to include the final measure in the Criminal Justice Bill.

    DRAFT SENTENCING ACT 2020 (AMENDMENT OF SCHEDULE 21) REGULATIONS 2023 · 2024-01-23 · READ IN HANSARD

  26. I thank the hon. Member for Cardiff West for the Opposition’s support for an important SI. He raised several points, which I will attempt to answer in order. We covered one aspect of overkill. The hon. Gentleman asked whether it would apply to all cases of murder. The short answer is that it will. All statutory aggravating factors in schedule 21 apply to all murders, and that will be the case for overkill. We anticipate that most cases captured by the change will be domestic murders, but the provision will apply in every case. The hon. Gentleman asked about progress on the other recommendations. He specifically asked why all the measures in response to the DHSR are not being introduced in the same legislative vehicle. The new aggravating factors in the SI were announced in the Government’s interim response to the DHSR last March.

    DRAFT SENTENCING ACT 2020 (AMENDMENT OF SCHEDULE 21) REGULATIONS 2023 · 2024-01-23 · READ IN HANSARD

  27. A 2019 Ministry of Justice analysis of a matched cohort of 30,000 offenders shows that those serving sentences of immediate custody of less than 12 months reoffend more often than similar offenders serving a sentence in the community—55% of those sentenced to less than 12 months’ immediate custody were convicted in the following 12 months, which compares with 32% among those serving their sentence in the community.

    CUSTODIAL AND COMMUNITY SENTENCES · 2024-01-09 · READ IN HANSARD

  28. We have recently increased the budget for probation by £155 million and ramped up recruitment, with an additional 4,000 staff recruited over the last period of time.

    CUSTODIAL AND COMMUNITY SENTENCES · 2024-01-09 · READ IN HANSARD

  29. I thank the hon. Lady for her question. We will keep this under review as the Bill passes through the House, and we will make further announcements on it in due course.

    CUSTODIAL AND COMMUNITY SENTENCES · 2024-01-09 · READ IN HANSARD

  30. Unfortunately, in the time I have I will not be able to respond to all of them, but I am of course happy to engage with Members individually later— [ Interruption. ]

    SENTENCING BILL · 2023-12-06 · READ IN HANSARD

  31. As this is the first time I have faced the hon. Member for Cardiff West (Kevin Brennan) across the Dispatch Box, I would like to start on a point of agreement. I agree with him that this has been a strong and thoughtful debate, and I am grateful to all those who have spoken. As my right hon. and learned Friend the Lord Chancellor said when he opened the debate, the Bill builds on our record of cutting crime, and it will protect the public and cut crime even further. The most dangerous offenders will remain behind bars for longer, and we will take action to prevent those who have committed low-level offences from falling further into lives of crime. Right hon. and hon. Members have raised a wide range of points and questions.

    SENTENCING BILL · 2023-12-06 · READ IN HANSARD

  32. (5) Standing Order No. 83B (Programming committees) shall not apply to proceedings in Committee of the whole House, to any proceedings on Consideration or to proceedings on Third Reading. Other proceedings (6) Any other proceedings on the Bill may be programmed.— (Aaron Bell .) Question agreed to.

    SENTENCING BILL · 2023-12-06 · READ IN HANSARD

  33. 83A(7)), That the following provisions shall apply to the Sentencing Bill: Committal (1) The Bill shall be committed to a Committee of the whole House. Proceedings in Committee, on Consideration and on Third Reading (2) Proceedings in Committee of the whole House shall be taken in the following order: Clause 1; Schedule 1; Clauses 2 to 6; Schedule 2; Clause 7; Schedule 3; Clauses 8 to 11; new Clauses; new Schedules; remaining proceedings on the Bill. (3) Proceedings in Committee of the whole House shall (so far as not previously concluded) be brought to a conclusion five hours after their commencement. (4) Any proceedings on Consideration and proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion six hours after the commencement of proceedings in Committee of the whole House.

    SENTENCING BILL · 2023-12-06 · READ IN HANSARD

  34. I personally can see the merit in ideas such as reviewing some measures and perhaps even a power to switch them off, and it is right that we consider the use of these measures carefully. Having heard the points raised by several Members about knife crime, I will look closely at that issue. Our aim is to ensure that we can keep the most dangerous offenders in prison for as long as necessary to keep the public safe from harm, while ensuring that sentences do not trap the redeemable in a revolving door of offending. I therefore commend the Bill to the House. Question put and agreed to . Bill accordingly read a Second time. SENTENCING BILL (PROGRAMME) Motion made, and Question put forthwith (Standing Order No.

    SENTENCING BILL · 2023-12-06 · READ IN HANSARD

  35. These measures will ensure that rapists serve the whole of their custodial sentences behind bars. They will no longer be subject to any automatic or discretionary early release, but will have to spend every single day of their custodial term locked up, as directed by the court. That will be followed by a robust period on licence during which such offenders will be supervised by the probation service and will be subject to a possible recall to custody if their risk cannot be safely managed in the community. It is clear from the debate that there are strong views on the Bill, but it is the first stage of a legislative process, and we welcome engagement from Members on both sides of the House as we seek to strike the right balance in sentencing.

    SENTENCING BILL · 2023-12-06 · READ IN HANSARD

  36. Murders of a single victim that involve sadistic or sexual conduct will also be punishable by the imposition of a whole-life order—again, unless there are exceptional circumstances. Such offending is so serious, and causes so much anguish to victims’ families and wider communities —as we have seen following the brutal killings of Zara Aleena, Sabina Nessa and others—that it is only right for such perpetrators to be locked up for the rest of their lives. A number of Members referred to sexual offences, including my right hon. Friend the Member for Witham (Priti Patel). I will focus on rape. Rape is a uniquely serious crime and one that causes terrible trauma for its victims, so it is right for those found guilty of rape, and other equally serious sexual offences, to be subject to a punishment that reflects the severity of their offending.

    SENTENCING BILL · 2023-12-06 · READ IN HANSARD

  37. The Government are taking resolute, evidence-based action to ensure that low-level offenders break the cycle of offending, because reoffending devastates communities and creates more victims. The measures concerning whole-life orders were welcomed on both sides of the House. These measures will ensure that the very worst murderers will spend the rest of their lives in prison. There will be no possibility of release by the Parole Board for such offenders. By making those changes, we are sending the very clear message that for the most heinous, horrific cases, a whole-life order will be the correct sentence. That can only be prevented if the court believes that there are exceptional circumstances—and they would have to be exceptional circumstances—that would make such a sentence unjustified.

    SENTENCING BILL · 2023-12-06 · READ IN HANSARD

  38. There are various reasons for the increase in remand, but the court backlog driven by the pandemic and the subsequent Bar strike are substantial reasons. We are doing everything in our power to bring down the backlog, but he will understand that the judiciary is fully independent. It is not within our gift to dictate which cases are taken to court. Nothing in this Bill diminishes our efforts to reduce the backlog and reduce demand pressure. I will be happy to meet him to discuss this further. Protecting the public from crime is our top priority. The most effective way to do that is to reduce the amount of crime being committed, which is why we are introducing the presumption to suspend short sentences.

    SENTENCING BILL · 2023-12-06 · READ IN HANSARD

  39. It is also true that more than 50% of those who are sentenced to less than 12 months will go on to commit another offence within one year of their release. When offenders are given suspended sentences in the community, with conditions, the reoffending rate is much lower at around 24%. The Ministry of Justice’s own robust evidence suggests that similar offenders, given community sentences or suspended sentence orders, are four percentage points less likely to reoffend than those sentenced to short custodial sentences. That might not sound like a great deal, but it could mean that up to 21,000 fewer offences are committed, meaning that fewer of our constituents become victims of crime. My hon. Friend the Member for Harborough (Neil O’Brien) rightly mentioned remand and how the significant rise in remand is contributing to prison demand.

    SENTENCING BILL · 2023-12-06 · READ IN HANSARD

  40. There is no proposed ban. The courts will retain wide discretion to impose immediate custody in many circumstances, as my hon. Friend the Member for Bury North (James Daly) correctly observed. Where a sentence is suspended, the courts have a range of robust powers to ensure that offenders are effectively managed, including electronic monitoring to ensure that curfews of up to 20 hours a day are observed, and exclusion zones so that they stay out of areas where they are most likely to get into trouble. There are also various high-tech solutions, such as alcohol tags that are so sophisticated they can take a reading of an offender’s sweat every 30 minutes to make sure they are confronting the issues with alcohol that landed them in trouble in the first place.

    SENTENCING BILL · 2023-12-06 · READ IN HANSARD

  41. I will not do the same, but I will pick out a few. The Chairman of the Justice Committee and my constituency neighbour, my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill), gave a characteristically knowledgeable, thoughtful and balanced speech, substantially supported by my right hon. and learned Friend the Member for Northampton North (Sir Michael Ellis) and my hon. Friend the Member for Aylesbury (Rob Butler). He set out the statutory purpose of prison, and he suggested that we should have smarter sentencing—we will look at that. He also made the sensible point that short sentences disrupt community ties, relationships, jobs and home life, and that the loss of these can lead to greater reoffending. On short sentences, I make it clear that we are not abolishing sentences of immediate custody.

    SENTENCING BILL · 2023-12-06 · READ IN HANSARD

  42. It was Labour that introduced the halfway release point for serious offenders under section 244 of the Criminal Justice Act 2003, and it was Labour that voted against us when we toughened sentences for serious offenders. Labour voted against our Police, Crime, Sentencing and Courts Act 2022, preferring to keep dangerous criminals on our streets rather than behind bars. That Act introduced whole-life orders for child killers and life sentences for drivers who kill while intoxicated, ended the automatic release of dangerous and violent sexual offenders, and gave the Secretary of State the power to refer to the Parole Board high-risk offenders who would otherwise be automatically released. Labour voted against all of that, so we will take no lessons from them. The hon. Member for Cardiff West ran through the list of speakers.

    SENTENCING BILL · 2023-12-06 · READ IN HANSARD

  43. This year we have already increased funding for the probation service by £155 million, to recruit staff, bring down case loads and better deliver the supervision of offenders in the community. We continue to focus on recruitment and retention, and we have accelerated the recruitment of trainee probation officers to increase staffing levels, particularly in areas with the most significant staffing challenges. As a result, we have increased staffing in the probation service by over 4,000 people since 2020. The hon. Member for Birmingham, Ladywood finished her speech with the claim that Labour is in favour of tough sentences, but the fact of the matter is that Labour has opposed every single measure this Government have introduced since entering office.

    SENTENCING BILL · 2023-12-06 · READ IN HANSARD

  44. We have set about building 20,000 new prison places, backed by £4 billion of investment, and we have delivered 5,500 of those places already, with a further 2,000 coming on line later this year. By the end of 2025, we will have delivered over 10,000 places in total. We are building six new prisons. HMP Five Wells and HMP Fosse Way have opened in the last two years. HMP Millsike is under construction in York, and three further prisons in Leicestershire, Buckinghamshire and Lancashire are going through the planning process. The hon. Member went on to attack us over probation. She is right that some prison capacity measures will increase the demand for probation, but we are committed to ensuring that probation has the resource it needs to meet demand.

    SENTENCING BILL · 2023-12-06 · READ IN HANSARD

  45. Thank you, Mr Deputy Speaker. I will respond to Members I do not mention individually either in writing or in person, especially on any points that I miss. The hon. Member for Birmingham, Ladywood (Shabana Mahmood), who opened the debate for the Opposition, started her remarks by saying that the Government are doing nothing to address prison places. It is true that the prison population has risen under this Government, and that is because more people are going to prison for longer under this Government. It is not true to say that the Government are doing nothing about prison places. We have set about the largest prison building programme since the Victorian era.

    SENTENCING BILL · 2023-12-06 · READ IN HANSARD

  46. In 2019 we expanded the unduly lenient sentence scheme to include 14 new offences, including further child sexual offences and coercive or controlling behaviour. We have no immediate plans to extend the scheme further, but we keep it under constant review.

    UNDULY LENIENT SENTENCE SCHEME · 2023-11-21 · READ IN HANSARD

  47. The unduly lenient sentence scheme is intended for use in serious cases for offenders sentenced in the Crown court. The Attorney General has the power to refer a sentence to the Court of Appeal for review if they believe it is unduly lenient. A youth court can sentence a child to up to two years of detention only. Where a child’s offence is likely to attract a sentence of more than two years, the case must be passed to the Crown court for sentencing, where the scheme therefore applies.

    UNDULY LENIENT SENTENCE SCHEME · 2023-11-21 · READ IN HANSARD

  48. In recent years the Government have invested an extra £141 million in criminal legal aid, which should expedite a solution to the situation.

    UNDULY LENIENT SENTENCE SCHEME · 2023-11-21 · READ IN HANSARD

  49. The Police, Crime, Sentencing and Courts Act 2022 increased the maximum penalty for causing death by dangerous driving from 14 years to life imprisonment. In June 2023, the independent Sentencing Council published revised sentencing guidelines for motoring offences, including for causing death by dangerous driving. It is too early to assess the outcome of those changes, but we regularly publish sentencing statistics on gov.uk. The Sentencing Council also monitors all guidelines in accordance with its statutory duty.

    DEATH BY DANGEROUS DRIVING: SENTENCING · 2023-11-21 · READ IN HANSARD

  50. I was very sorry to hear of the death of Paul Carter, Lisa Carter and Jade Mace in January 2023 in a collision caused by Aurelijus Cielevicius, and the devastating consequences for their family and friends. I know that my hon. Friend has campaigned hard on this issue, and I read his Adjournment debate earlier this month. Sentencing is entirely a matter for our independent courts, based on the facts of each case. In July 2023, after Cielevicius was sentenced, the revised Sentencing Council guidelines for causing death by dangerous driving came into force, following the increase of the maximum penalty introduced by the PCSC Act 2022. I would be happy to meet my hon. Friend to discuss that further, should that be helpful.

    DEATH BY DANGEROUS DRIVING: SENTENCING · 2023-11-21 · READ IN HANSARD