Jake Richards
MP for Rother Valley · Labour · United Kingdom
“I understand. I meet victims all the time in my role at the Ministry of Justice. Before being elected to Parliament, I represented many victims of child sexual abuse every day in courts up and down the country. I understand the issues that victims such as his constituent face. I impress on the hon.”
“I thank the shadow Justice Secretary for his opening remarks. This is a profoundly serious matter for all Members in this place, victims across the country—including those here in the Gallery—and indeed all members the public. Confidence in our law and order system must be maintained.”
“I am not sure which letters the right hon. Member is referring to, because none of the letters sent out by the Ministry of Justice has referred to people already being released. I understand the concerns that she raises. We take our engagement with victims incredibly seriously.”
“I understand my hon. Friend’s intervention. Let us be clear that many of the offenders we are talking about have been released previously and would continue being released but for the Sentencing Act.”
“Some Opposition Members still think he is a great man. I do not think that is a universal view on the Opposition Benches. Following publication of the review, the Sentencing Bill began its passage through Parliament and received Royal Assent on 22 January this year.”
“Those schemes were introduced at short notice, without the long-term reforms necessary to put the system on a sustainable footing, but there was no option but to act to prevent a collapse of the criminal justice system, which would have seen sex offenders and others able to act with impunity.”
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“I also accept that there is a potential mischief for historic offenders sentenced prior to whole life order provisions, whereby a prisoner makes hopeless applications, wasting time and money, and—more importantly—putting families through unnecessary strife. I will look at what can be done to mitigate this risk, but I must stress that this mischief would be incredibly rare, and I repeat the assertion that the previous Government’s changes in this area have been broadly positive. It is also worth noting that a prisoner would continue to have opportunities to challenge a Parole Board’s decision, or a decision not to hear a prisoner’s case, in our common law. I will write to the hon.”
“The Government are always determined to ensure that justice and Parole Board decisions are undertaken as expeditiously as possible. In most cases, however, the rarely used reconsideration mechanism has been quick and efficient. Further measures are being enacted to empower public protection in Parole Board decisions and appeals. Ministerial oversight of release decisions made by the Parole Board will be strengthened in the Victims and Courts Bill through a fresh determination. I know that the Deputy Prime Minister and Lord Chancellor are looking to enact that provision quickly. We have also taken measures to improve transparency and victim involvement in the process, including allowing victims to observe and play a greater role in Parole Board hearings, with certain measures having already been rolled out earlier this year.”
“The argument—it was not made, but could be—that this mechanism is being abused in some manner on a wide scale is not correct. The case of Pitchfork, however, has proven deeply problematic. First, there have been unusual and wholly unwelcome delays—unusual in the sense that they do not and have not occurred in other cases. His 2021 application for reconsideration was only heard in 2023, and the 2023 application for reconsideration of that Parole Board decision was only heard in October this year. He has until Thursday to apply for further reconsideration of the latest Parole Board decision. There were various legal and evidence-gathering explanations for those delays, but I wholly appreciate, considering the decision in 2021 and the controversy at the time, the enormous anxiety that such delays create for families.”
“To avoid what might be called a Worboys scenario, the then Government introduced changes to permit the Secretary of State to have a direct, quick and effective mechanism to challenge a Parole Board decision, with similar grounds to that of a judicial review: error of law, irrationality or material procedural error. Crucially, the opportunity to challenge the decision was available to both parties of a Parole Board decision—the Secretary of State and the prisoner or offender. That must be right, as it would be offensive to the laws of natural justice to allow one party a route to appeal but not the other. The Government’s view of the mechanism, as things stand, is that it has been broadly successful. Of more than 17,000 Parole Board decisions last year, there were only 257 applications for reconsideration.”
“The approach was adopted following the case of John Worboys and the flawed parole decision in 2018, which was met with understandable public outrage. The decision was eventually quashed, but only as a result of third-party application for judicial review. That led to the introduction in 2019 of the reconsideration mechanism, ensuring that decisions that may be flawed can now be challenged without resorting to lengthy and costly judicial reviews. Alongside those measures, the Parole Board rules were comprehensively updated to modernise procedures, strengthen victim engagement and improve case management.”
“The board takes that responsibility extremely seriously, and rigorously examines all the evidence before reaching a decision. Only about one in four cases the board reviews results in a decision to release, and in the majority of cases, the board concludes that the offender must remain in custody for the protection of the public. Indeed, that was the board’s conclusion in their most recent review in the case of Colin Pitchfork, to which the hon. Member for South Leicestershire referred. These decisions are of such importance to victims and the public, and I welcome any opportunity to discuss how they are made and how safeguards such as the reconsideration mechanism are used. I will begin by setting out the Government’s approach to the Parole Board’s reconsideration mechanism rules, their origins and their purpose.”
“It is a pleasure to serve under your chairmanship, Dr Murrison. I pay tribute to the hon. Member for South Leicestershire (Alberto Costa) for securing this important debate and raising this critical issue on behalf of his constituents and us all. I start, where we all should, by recognising the appalling crimes of double child rapist and murderer Colin Pitchfork. It is important to pay tribute to the victims’ families, who continue to live with his crimes. They must always be at the forefront of our minds whenever we discuss these quite technical issues of criminal law. The function of the Parole Board is of paramount importance to our criminal justice system: to assess whether very serious offenders who have completed their minimum term in prison could be safely managed in the community if they were to be released.”
“That balancing act is not set in stone or fixed; it is a constant challenge for our society, as it should be. Any tension or conflict between these principles must be carefully considered and monitored. This debate plays an important and symbolic role in doing that, and I welcome contributions from all different perspectives.”
“It is a pleasure to serve under your chairmanship, Sir Roger. We are here to debate whether to review the penalties for social media posts, as put forward by the hon. Member for Great Yarmouth (Rupert Lowe). Freedom of expression is a cornerstone of our democracy, but so too is the right of every citizen to live free from abuse, intimidation and harm. The role of Government and Parliament is to uphold both—to protect rights and responsibilities online and offline. It has long been a principle in this country that people are free to express their views even when those views are uncomfortable, unpopular, challenging or even offensive. However, we must also recognise that freedom of expression must be balanced against the need to uphold public safety and ensure that our laws are equipped to deal with the realities of modern communication.”
“The proposals by the Opposition to simply scrap the Sentencing Council amount to constitutional vandalism and have been described by previous Conservative Attorneys General as completely absurd.”
“Each case is different, and the full circumstances are often not reported widely. Media stories of cases rarely convey all the information that the court had before it when deciding on its sentence. Where an individual is convicted for an offence related to online speech, the independent judiciary is responsible for determining appropriate sentences, based on the facts of each cases and the relevant sentencing guidelines. An independent judiciary is vital to the rule of law and the functioning of a democratic society. It ensures that justice is administered fairly, impartially and critically, without political interference. The independence of our judiciary from political influence is a vital part of our constitution, and I for one am determined to protect that in my role.”
“My hon. Friend makes an important point. Technology and social media have become more complex and difficult, but that does not mean we should shy away from attempting to ensure the principles that we hold so dear, including democracy. I will deal with that important point later in my speech. This Government are committed to ensuring that penalties for these types of offences are proportionate and uphold freedom of expression. Sentencing is and must remain a matter for the independent judiciary. We all—particularly Government Ministers—have a responsibility to take extreme care when discussing individual cases. I will not be commenting on any, although we all take our own personal views on cases that capture the public imagination. But a sentence in the court of public opinion is not as rigorous as those imposed by courts of law.”
“That is the balance we seek to strike in regulating an increasingly influential online world to protect the public—between freedom of expression and the safety of individuals and communities. I thank all Members for their contributions. This is an issue that is important not only to this House but clearly to many people across the country, and it is vital that we allow, and indeed encourage, rigorous debates about the relevant legal framework.”
“The Act also delivered Zach’s law, named after a young epilepsy campaigner, which rightly makes it a criminal offence to send malicious flashing images intended to trigger seizures. It is a clear, common-sense and compassionate example of how the law can evolve to protect people with disabilities from cruelty and real, demonstrable harm online. We should remember that the Online Safety Act is not the only legislation that can lead to custodial sentences for online speech: recent convictions, including that of the individual jailed for issuing death threats against the hon. Member for Clacton (Nigel Farage), show that existing laws on threats and harassment are being applied robustly where speech crosses into criminal intimidation. Democracy cannot function when intimidation replaces debate.”
“That is why the Online Safety Act introduced three modern communication offences—harmful communications, false communications and threatening communications—ensuring that our legal framework is fit for the digital age. We have now seen that the new offences introduced by the Act are being applied proportionately and effectively. Earlier this year, an individual was convicted under section 184 of the Act for encouraging a child to undertake serious self-harm through online grooming—the first case of its kind. We have heard about the real dangers that exist online for children, and we must clamp down on them. The case demonstrates the importance of having modern, digital-age offences that are capable of protecting the most vulnerable from genuine life-threatening harm.”
“It involves the regulation of systems and processes that platforms have in place for tackling illegal content and, critically, protecting children. There are also protections against the over-removal of content, where platforms take down content that they should leave on their sites. As use of the internet has expanded, there has been an increasing awareness that online content and activity can cause serious harm to users. From disinformation to targeted harassment, what happens online now shapes lives offline. The public are right to expect protection online from abuse that would never be tolerated on our streets. There are some circumstances where the criminal threshold is met for genuinely harmful and dangerous material, whether that be online or through other forms of communication.”
“Freedom of expression is a right that must be protected, but it is not an absolute right; it carries a responsibility to use that freedom honestly and decently. Freedom used irresponsibly corrodes democracy; responsibility without freedom weakens it. The Government’s job is to protect both, and the Online Safety Act and our wider sentencing framework reflect that balance. They are designed to protect individuals, uphold justice and preserve the freedoms that define our society. The Online Safety Act has been designed to safeguard legal free speech, uphold privacy and support innovation. It does not prevent adults from accessing legal content, nor does it restrict people from posting content that others may find offensive.”
“The Government accepted the majority of the review’s recommendations in principle, many of which are now being delivered through the Sentencing Bill, which is currently progressing through the House of Lords. Our focus remains on ensuring that the justice system protects the public, upholds fundamental rights and uses custodial sentences only where they are necessary and proportionate. The Government have made it clear that we need to focus our law enforcement efforts on preventing crime in our communities—more police on our streets, rather than more policing of our tweets. But the Government do not feel that there is any case for a change in legislation at this stage, as proposed by the hon. Member for Great Yarmouth.”
“But of course, sentencing has a democratic function, and in my submission this change strikes the right balance. The Government commissioned a comprehensive review of sentencing powers through the independent sentencing review, chaired by David Gauke, the previous Conservative Lord Chancellor. This was wide-ranging and evidence-led, examining the full spectrum of sentencing options. The aim of the independent sentencing review was to ensure that the framework is robust, proportionate and fit for purpose. The review was guided by three core principles: sentences must punish offenders and protect the public; sentences should encourage prisoners to turn their backs on a life of crime; and we must make greater use of punishment outside of prison.”
“They may also include circumstances surrounding the offence, as well as circumstances personal to the offender. It is right that courts have the discretion to consider these factors and to tailor sentences accordingly, but that does not mean—and none of my argument should give the impression—that sentencing is not subject to democratic accountability. Parliament is sovereign. The Sentencing Bill, which we are taking through the House, makes changes to ensure that the Lord Chancellor and the Lady Chief Justice agree to new guidelines before they come into effect, which is a new mechanism for bolstering accountability. We do not want politicians handing down sentences on each given case, leading to wild inconsistencies and unfairness.”
“The law also makes it clear that imprisonment should only be imposed as a last resort and where no other sentence would be appropriate. When deciding what sentence to impose, courts must consider the circumstances of the case, including the culpability of the offender, the harm they caused or intended to cause, and any aggravating and mitigating factors. They have a statutory duty to follow any relevant sentencing guidelines developed by the independent Sentencing Council for England and Wales, unless they are satisfied that it would be contrary to the interests of justice for them to do so. Therefore, differences in sentencing outcomes will be the result of a number of factors, including whether the offender has previous convictions or whether an early guilty plea was entered, as well as any particular aggravating and mitigating factors.”
“The shadow Minister is completely incorrect. The Conservative party’s current proposals are not what was in place before the Sentencing Council was established. They propose to bring the sentencing of every type of criminal case into the Executive. That is a completely new, innovative and wholly dangerous proposal that has been criticised by Conservatives themselves. I remember when Conservatives used to stand up for our constitution and the separation of powers, rather than simply following the populist flame. The sentencing framework is important, because it provides courts with a range of sentencing powers to deal effectively and appropriately with offenders in addition to imprisonment, including through discharges, fines, community sentences and suspended sentences.”
“In line with our Welsh language scheme, His Majesty’s Prison and Probation Service offers prisoners, people on probation and members of the public the right to choose whether to use English or Welsh in their dealings with us. We recognise that enabling prisoners to use their preferred language is a matter of good practice —not a concession—as prisoners can express their views and needs better in their preferred language.”
“I thank the right hon. Member for her vital question. She is absolutely right. I will follow up on the correspondence that she sent to the Ministry of Justice—I have not seen that myself. As I set out before, the policy implemented by the MOJ is one that values the Welsh language and will continue to do so.”
“The Sentencing Bill will create new powers to apply tougher restrictions on offenders’ movements, including the creation of restriction zones and new restrictive licence conditions for probation. This will mean being able to curtail offenders’ freedom on licence, and measures for the courts to use as requirements on community sentences.”
“I am grateful for the hon. Member’s question. It is absolutely vital that, across jurisdictions and different areas, there is better information sharing from probation services and the police. As the Justice Secretary has just said, the Probation Service is in need of investment. That is why we are investing £750 million— a 45% increase—and we will continue to invest in our Probation Service to ensure that the hon. Gentleman’s constituents are reassured in the future.”
“My hon. Friend is absolutely right that those in our Probation Service do an outstanding job day in, day out. They are often the hidden heroes of our public services and they deserve great credit.”
“The Government recognise that pension age is an important issue for frontline staff and our recognised trade unions that represent the views of their members. Officials met POA representatives earlier in the autumn to discuss pension age and will continue to engage with them on this important issue.”
“I am grateful for my hon. Friend’s question, and I take this opportunity to praise and thank the prison officers who do a remarkable job in what are often trying and appalling circumstances. As I said, the Government will continue to engage with the relevant and recognised unions, as well as with prison officers themselves. I know that the Deputy Prime Minister and Justice Secretary is meeting the POA in the coming days.”
“As I have already said, it is absolutely right that we continue to have those discussions with the relevant trade unions. Let me be absolutely clear on behalf of the Government: we understand that the work and working conditions of prison officers are getting harder, and we are in the business of trying to help them.”
“The Government are committed to helping people with convictions find employment and turn away from reoffending. We are continuing to consider the criminal records regime, including the recommendations made in part 1 of Sir Brian Leveson’s review, to ensure that it balances public safety with supporting rehabilitation.”
“My hon. Friend makes an important point. I met him with officials just last week to discuss his constituent’s case and the issue more broadly. As I have said, we will continue to look at Sir Brian’s recommendation in relation to the Rehabilitation of Offenders Act 1974. This is an issue that we want to look at and act on.”
“I agree with the hon. Member’s remarks. Many Members across the House will have had constituents come to them in similar circumstances, and it is deeply worrying and troubling. This is complex, because it involves different systems and public safety is always paramount for this Government. We are absolutely looking at this issue and will report back to the House when we have made progress.”
“That is a characteristically important question from my hon. Friend. Education has a vital role in our prisons, helping to clamp down on reoffending and with rehabilitation. We are working at pace to look at how we can improve education within the prison system, including through the third sector as well as through the formal contracts we already have. Indeed, I am going to a prison in just the next few weeks to look at literacy rates with my hon. Friend the Member for Colne Valley (Paul Davies). There is work to do on this—it is not good enough at the moment—and we will get on with that in the weeks ahead.”
“As the Justice Secretary has already stated during oral questions, the Government are committed to the ECHR, and that includes for the whole of Great Britain. Clearly, there are issues in ensuring that that convention and our international obligations evolve with the challenges that we face as a country, which is why we are looking at how it is implemented and clarified in domestic law. We continue to work with European partners on European reform, and that includes Scotland too.”
“It is right that the Probation Service takes those facilities and premises incredibly seriously. We are investing more in probation than ever before—£750 million, a 45% increase—to fix a service that was utterly dismantled by the last Conservative Government, so I hope that the hon. Gentleman’s constituents are reassured that this Government are getting on with job of ensuring that our Probation Service is fit for purpose.”
“I regularly visit prisons as part of my job, and I pay tribute to the incredible work that prison officers do, day in and day out, including prison officers who come from other countries to do sterling work in appalling circumstances to ensure that our prisons are safe. I thank them for their work, and I reject the premise of the question.”
“This Bill represents the work of a Government pulling up their sleeves and getting on with the job, however difficult that may be.”
“However, we cannot only build our way out of this crisis; we must reform sentencing to ensure that our criminal justice system is sustainable. The changes in this Bill will ensure that we never face the situation that the Conservatives left behind: the very real prospect that the most serious offenders would not face prison at all. In a competitive field, the state that the last Government left our prisons in was perhaps the most appalling aspect of the Tory legacy. It was so appalling that, when the former Prime Minister, the right hon. Member for Richmond and Northallerton (Rishi Sunak), became aware of the scale of the crisis, he gave up and called an election. It was the last shameful act of a vandalising, incompetent Government.”
“I thank all Members who have contributed to the debate. This Bill is a landmark piece of legislation that gives us the chance to put an end to the prison capacity crisis and build a better justice system. Let me be clear at the outset: this Government believe that prison can work, which is why we are undertaking the largest prison building programme since the Victorian era. Many offenders must be sent to prison, some for a very long time and some for the rest of their lives. The Government have already opened 2,500 places since coming to office, and we have made a commitment to build 14,000 more. Despite what has been said by Opposition Members, by the end of this Parliament, under a Labour Government, there will be more criminals in our prisons than ever before.”
“Lady’s constituent, Paula Hudgell, who has been campaigning for a child abuse register with such eloquence and passion for some time. Paula’s work, life and dedication to Tony and others deserves enormous gratitude from across the House. On the Government’s behalf, I thank her for all that she and her family have done and continue to do. I welcome the constructive comments from the shadow Minister, the hon. Member for Bexhill and Battle, on this issue. I can be clear that Paula has identified a problem in the system, and we are determined to fix it.”
“I want to turn to some of the amendments and the specific points of debate that we have heard today, starting with new clause 20, which stands in the name of the hon. Member for Bexhill and Battle (Dr Mullan). However, I will begin by paying tribute to the hon. Member for Maidstone and Malling (Helen Grant), who has put her name to that amendment and with whom I have had the pleasure of speaking on numerous occasions this week in the build-up to the debate. The hon. Lady spoke incredibly powerfully about her own experience in the family courts, and I share that experience. Before coming to this place, I was a barrister who spent a lot of time on legal aid cases, representing local authorities, family members or guardians in exactly the types of cases that she mentioned. I share her concerns. I also want to pay tribute to the hon.”
“My hon. Friend is absolutely right; this Bill will not only stabilise the prison system, but go further and tackle reoffending. She mentioned the intensive supervision courts, but there are also our reforms to short-term sentences, which will cut reoffending. We know it will do that because of evidence that the last Conservative Government commissioned. That was why the exact provision on short-term sentencing, which the Tories are all howling with outrage at now, was in the legislation that the last Government put forward—completely hypocritical. My hon. Friend is completely right; this Bill represents a Government who step up to the challenge, rather than putting their head in the sand.”
“There are numerous options before us, and it is right that any new system is tailored, in terms of who holds that information and the duties placed upon them, to ensure that particular risks are adequately and proportionately managed.”
“I am grateful to my hon. Friend. The answer is yes. A problem in the system has been identified, and we are determined to fix it. It simply cannot be right that some horrific child abusers can have access to children—to live with children or work with children—at the end of their sentences without any system of monitoring or notification after those sentences. The Government cannot support the change today because work needs to be done to understand the demand that different options would place upon different public services. It would be wrong to legislate now without a fuller—or even basic—understanding of whether we have the capacity to safely deliver the register proposed in new clause 20.”
“We have identified a problem, but it would be wholly irresponsible to legislate when we have not had the opportunity to ensure that public services can complete the task. The hon. Member criticises us for not taking action on this issue now, but what about the last 14 years? What about the recommendations of the Independent Inquiry into Child Sexual Abuse, which reported in November 2022? The last Government did absolutely nothing on those recommendations.”
“I will continue to have conversations with her and other colleagues about that over the coming weeks and months as we look to improve those services within prisons.”
“Member for Chichester (Jess Brown-Fuller), which seeks to allow prisoners held on remand to access rehabilitative programmes, education, therapy and other support before the start of their sentence. She and I had a brief discussion outside the Chamber about this, and it is important to note that remand prisoners can already access such programmes where prisons run them. The Government accept that there is a lack of such provision in our prisons—something that we absolutely have to improve and work on—but we must remember that remand prisoners have not been convicted of an offence. They cannot be required to undertake any of these services, but it is an issue that I am very much aware of.”
“I am speaking to colleagues in the Department for Education and the Home Office, and I would be eager, if it is appropriate and possible, to speak to Paula herself to ensure that we get this right. But as I said, we want to do that quickly. I have asked officials in my Department to look at what can be done within the criminal justice system, which sits within the Ministry of Justice, to track child abuse offenders and offences involving child cruelty. I again thank the hon. Member for Maidstone and Malling for her work on this issue. I look forward to working with her, and with other hon. Members who have shown an interest in this issue, to achieve an important change in safeguarding that is absolutely necessary. I turn to new clause 12, tabled by the hon.”
“We will speak to Home Office colleagues and others to look at the possibility of doing that, absolutely. The hon. Lady has my word—as does her constituent, who is no doubt watching this debate carefully—that I will work at speed on this issue, but I do not want to make promises that the Government cannot keep, so it is vital that we do the work. We understand the burden that it will place on the services that will need to do the work to make sure that this is done, but I want to be clear that this is a problem. We accept that it is a problem, and we are going to take action to solve it. I will continue to have conversations with the hon. Lady as part of that process, and I welcome the offer of cross-party talks.”