PARLIAMENTARY DEBATE
Sentencing Bill - 20 January 2026 (Commons/Commons Chamber)

I inform the House that nothing in the Lords amendments engages Commons financial privilege.

After Clause 19

Court transcripts of sentencing remarks

With this it will be convenient to discuss:

Government amendments (a) and (b) in lieu of Lords amendment 7.

Lords amendments 1 to 6 and 8 to 15.

The Minister is making a powerful speech. He will recognise that the Bill is of huge concern to residents in my constituency, because many victims of crime who are waiting for justice to be served are waiting years for the person responsible to face trial. Does the Minister agree that it is really important that this Government get on top of the backlog and get people in front of courts as quickly as possible?

The Minister has outlined very clearly what the Government, and he in particular, are trying to achieve. There is a perception among the general public—this is certainly indicated in the press and the media—that the Government are going to be a bit soft on those who carry out crimes, but I am very much in favour of rehabilitation, as I think is the Minister. Can he please outline what will be done to enable those who leave prison to be rehabilitated and to ensure that they do not reoffend? The rising number of those who reoffend is incredibly worrying.

In government, the Conservative party oversaw a disastrous privatisation of probation, which ended in a £500 million bail-out by taxpayers. Our Probation Service plays a critical role in the rehabilitation of offenders and in keeping our communities safe, so can the Minister further set out how the Bill will ensure that our probation systems are strengthened and fit for purpose?

Can the Minister perhaps restrict himself to the amendments?

A comment often made to me and my colleagues when I was policing was that as soon as I left the police station in full uniform, I was a sitting target, every single day. Does the Minister agree that the proposal for mandatory whole life sentences for those who murder police officers, prison officers and probation officers sends a clear and unequivocal message that those offenders will be met with the harshest and most serious penalties on offer to the courts?

While the Lords have endeavoured to amend the Bill in a number of areas, part 4, which allows foreign national offenders to be deported at any time during their sentence, are important to Northern Ireland. Because of article 2 of the Windsor framework, an assessment has been made that there is a risk that these offenders will not be removed in Northern Ireland, leaving us with a two-tier system in which foreign criminals in Northern Ireland benefit from additional EU-derived human rights protections, rather than being sent home. Will the Minister meet me and a number of my colleagues to discuss this important issue to Northern Ireland?

I welcome the amendments that deal with IPP sentences. This is a matter of concern to many Members on both sides of the House. Can the Minister assure us that following the changes to IPP licence termination, these sentences will continue to provide for community rehabilitation, while protecting communities from harm? Will the Minister also commit to continuing to work to resolve the remaining challenges relating to such sentences?

There is no doubt that our justice system faces significant challenges. I have always acknowledged that, and during recent debates on a wide range of issues, from sentencing to prison capacity to probation to jury trials, there has been cross-party acknowledgement that for decades, under a number of Governments of different colours, not enough investment or political priority has been given to our justice system. That, however, should not and must not serve as an excuse for this Government to make changes to our justice system that damage it and fail to address the challenges before us. There are alterations that elements of the Ministry of Justice have always wanted to make. We should not let them use the excuse of the current challenges to finally slip them through the net. That is what we see happening in the Bill, in relation to the proposals on jury trials and, even more clearly, in relation to measures that are to the detriment of victims.

I welcome elements of this Bill, and I will discuss some examples. The Minister mentioned the restriction zones and the domestic abuse markers, but these measures are overwhelmingly outweighed by the fact that at the heart of the Bill is a catastrophic blow to victims’ search for justice: it will let thousands of rapists, paedophiles and serious violent offenders out of prison earlier. The Minister mentioned the independent sentencing review; I remind Members that it gave absolutely no consideration whatsoever to what victims and the public think of the proposals on sentencing. The report is an insult to victims and their families, as many have told me directly.

During the Commons stages of the Bill, every party other than Labour joined the Conservatives in voting against these dangerous proposals, including the Liberal Democrats. In fact, a number of Labour MPs bravely abstained. It should be a matter of deep shame for Liberal Democrat Members that they have since joined Labour in voting to let rapists, paedophiles and serious violent offenders out of prison earlier, especially as they have previously articulated why this is wrong. It is a complete betrayal of victims of serious crime and their families.

This is likely to be my final opportunity to say that I am confident that Labour MPs will come to regret these elements of the Bill, and will find it difficult to explain themselves when victims see perpetrators of crimes such as rape, child sex offences and child grooming leave prison—sometimes having served only a third of their sentence—because of MPs’ support for these measures. I will do whatever I can to ensure that victims know who made those choices, although so many alternatives were available to them. However, I have to accept that this Government’s majority, with the help of the Liberal Democrats, has for now ended the campaign against this change, so we should consider the Lords amendments that are before the House today.

As I know that the public greatly value constructive cross-party working, I will begin with an important issue on which we were able to secure Government support. Lords amendment 1 would ensure that when a police officer, prison officer or probation officer, including a former officer, is murdered because of their service, a whole life order is the starting point for sentencing. This proposal originated from the Opposition, and I am grateful to the Government for accepting the principle, following my meetings and campaigning with Paula and Neil Scott, whose son Lenny, a former prison officer, was murdered because he refused a bribe from an inmate.

Parliament has long been clear that those putting themselves in direct danger by confronting and standing up to the most dangerous people in our society should have the greatest possible protection from our law: a whole life order. We had previously legislated to that effect through the introduction of a mandatory whole life order for those who murder police and prison officers who are undertaking their duties, but the case of Lenny Scott highlighted a gap in the law. Lenny was brutally murdered, years after his service as a prison officer, in revenge for handing in a phone that he found in a prison cell search. He had moved into a new phase of his life, and was enjoying work, the gym, and time with his children and the rest of his family, but he was shot in a car park late at night, simply for doing his job. Lenny’s mum told me that she knew something was wrong when Lenny did not come home that evening. She even went out in the middle of the night to look for him, only to have the police arrive at her door at 1 am with the devastating news.

It has been a true privilege to work with Paula, and with Lenny’s dad, Neil. I extend my sincere thanks to Lord Timpson in the other place, and to the Minister, for taking the time to meet them both, and for agreeing to work with them further to see what else we might do to improve protections for our prison officers. I am sure that the Minister will agree that it was clear from the meeting what decent, moral people they are, which explains the sort of person that Lenny was. I am also very grateful to Lord Timpson for bringing fresh thinking to this area by including probation officers in the measure. They too must work closely with dangerous, violent offenders, and sometimes stand up to them to protect the public. They face the same dangers, so they should get the same protections.

Although our wider focus must always be on preventing crime and protecting the public, it is right that clear gaps in the law should be addressed when they arise. The Opposition therefore support Lords amendment 1 in lieu of our amendment, and I know that Lenny’s parents, family and friends have been delighted to see its progress in the House. In my time working with victims on campaigns, I have learned the pitfalls of naming a law after an individual case—there are always others who might warrant the remembrance of their experiences in the naming of a law—but Lenny’s family have every right to call this measure “Lenny’s Law”.

I will now consider amendments that attempt to deliver much-needed reform, but which are simply insufficient. Lords amendments 2 to 5 all concern the relationship between the Lord Chancellor and the Sentencing Council. Between them, they provide guidelines for specific scenarios in which the Lord Chancellor does not approve the Sentencing Council’s business plan; conditions for withdrawing consent to the Sentencing Council’s issuing of sentencing guidelines; and conditions for withholding consent to a request from the Sentencing Council to issue allocation guidelines, if it is necessary withhold that consent in order to maintain public confidence in the criminal justice system. We saw in the debacle of two-tier sentencing just how far the Sentencing Council has strayed, and these measures will not fundamentally correct that. The official Opposition have made it clear—I will restate it—that our firm policy position is that we would abolish the Sentencing Council, restore power to elected Ministers who are directly accountable to the public, and give Parliament a role when it comes to sentencing guidelines.

The functions of the Sentencing Council in delivering consistency through sentencing are well recognised, and it is not our intention to do away with the functions that will be restored to the Lord Chancellor’s Office, but we believe it is for the Justice Secretary to be responsible for our sentencing guidelines, not a group of unelected individuals with no direct accountability to the public and limited accountability of any kind. Consultation with the public is not the same as accountability to the public, and we are clear that Parliament should have the power to act. Therefore, while these amendments are not a point of contention in the Bill’s progress and we will not divide the House on them, I raise them to point out that they would not be part of a Bill introduced by a Conservative Government, as we would abolish the Sentencing Council entirely and fully restore accountability.

This Bill delivers the long-term, joined-up, sustainable reform that our criminal justice system desperately needs. I will comment on amendments 1 to 7 and 14, which will strengthen the Bill. We inherited a system on the brink, with prisons close to running out of places, courts paralysed by backlogs, police forced to operate with one hand tied behind their backs, trust broken and fear raised—a breakdown of law and order that left communities such as mine in Portsmouth paying the price.

In Portsmouth and across the country, the justice system is struggling under the weight of an unprecedented backlog. Crown courts in England and Wales now have between 77,000 and 78,000 outstanding cases waiting to be heard. Ten of thousands are open for a year or more, and some defendants are waiting for up to four years before trial dates are even available. Those delays mean that victims in my city and beyond are denied timely justice, eroding confidence in our courts. The Sentencing Bill and wider reforms are a crucial step towards tackling the backlogs, speeding up justice and ensuring that offences are addressed without further delay.

The Conservatives talk tough on crime, but their record tells a very different story. They increased sentencing lengths without building the capacity to support them, and in 14 years added just 500 prison places. When the system finally broke, they released tens of thousands—[Interruption.] They released 10,000 offenders early, largely in secret, shattering public confidence in justice. This Government are working hard to fix their mess. We believe in prisons. Many offenders must go there and some for a very long time. We have already opened 2,500 places and we are on track for achieving 4,000 by 2031—the biggest expansion since Victorian times.

We also have to be honest about the challenge. We cannot just build our way out of a Tory prison crisis. We owe it to the British public to reduce crime and the number of victims. That is why the Bill reforms sentencing, so that punishments can cut crime and rehabilitation can help reduce crime and the number of victims. That includes tough, credible and visible punishments in our community. Offenders will be closely monitored through tagging, restrictions on where they can go, and strict conditions that curb their freedom. Courts will be able to impose no-go zones, banning offenders from entering specific areas such as town centres, retail zones, building sites or industrial estates where they have previously offended. Those are not soft options. They are enforceable restrictions backed by modern technology with real consequences if they are breached. This approach is vital for crimes that devastate working people.

I would particularly like to mention the horrendous, life-changing crime of tool theft. In Portsmouth and across the country, tradespeople have told me this story time and time again. When tools are stolen, it is not just about the property they lose; it is about income lost, jobs cancelled, damage to reputation and families pushed into financial stress overnight. In some cases, it has led to our tradespeople taking their own lives. I have campaigned relentlessly on this issue, working closely with tradespeople, industry bodies, police, insurers and retailers. Together, we made the case that tool theft must be treated as a serious and repeated crime. As a result of that work, the Bill and these amendments will deliver real change for victims. Repeat tool offenders will now face tougher sentences in court and in our communities.

Does the hon. Lady accept that, as a result of the Bill, the vast majority of those offenders will only have to serve a third of their sentence, instead of half?

We are clearing up the mess left by the Tories. People are still waiting for their day in court. It is not okay for a crime to be committed and for there not even to be a sentence for four or five years. If the shadow Minister would like to intervene again, I will give way.

Would any single one of the tool theft victims the hon. Lady is taking about agree that those offenders should serve only a third of their sentence?

They will be serving longer than under the Conservatives, who did not care about tradespeople or construction crime. Repeat tool theft offenders will now face tougher sentencing because of a Labour Government, including tagging on release, strict movement restrictions, robust unpaid work and no-go areas that stop them returning to the places where they targeted working people. This is about disrupting criminal behaviour, protecting livelihoods and showing that Labour is the only party that stands squarely with those who work hard and play by the rules.

I thank my hon. Friend for giving way and for her personal work to tackle the huge issue of tool theft, which has had a huge impact on tradespeople in my constituency of Harlow. Does she agree with me that, as she said, it is not just about the person themselves but their family and their livelihood? Being a victim of such crimes also has a huge impact on mental health, so I thank her for her work.

I thank my hon. Friend for his kind words and for the work that he has done in Harlow. I repeat that to my knowledge there was not a Government before us who even cared about tradespeople.

In addition, we are investing up to £700 million more in community punishment and increasing probation funding by 45%. That means better supervision, faster enforcement, and a system that is credible both to offenders and the public, and looks to reduce repeated crimes for victims.

I welcome a number of Government amendments that further strengthen the Bill. As the daughter of a retired police officer—I note my hon. Friend the Member for Portsmouth South (Stephen Morgan) is also in his place; his dad was a retired probation officer—I have family and friends still serving in the force and as prison officers. I welcome Lords amendments 1 and 14, which broaden whole-life orders. Murder is the most heinous crime a person can commit, and the amendments ensure that those who murder police officers, prison officers or probation officers, including where the crime is motivated by their current or former duties, face the full force of the law. These crimes strike at the very heart of the rule of law and it is right that sentencing reflects that.

I also welcome Lords amendments 2, 3, 4 and 5, which strengthen transparency and accountability around the Sentencing Council. The amendments set a very high bar for rejecting sentencing guidance, ensuring Parliament is informed where decisions are taken, and helping to maintain public confidence in the justice system. Crucially, they sit alongside the reforms that reflect legislation I fought for in my Theft of Tools of Trade (Sentencing) Bill, to ensure that sentencing properly takes account of the full circumstances and the impact on victims. That principle is vital: justice must never lose sight of the harm done to victims and communities when crimes are committed.

Lords amendment 6 is another important step forward. By placing a statutory duty on the Secretary of State to publish an annual report on prison capacity, the Government are ending the culture of secrecy we inherited and ensuring proper accountability to Parliament and the public.

I strongly welcome the Government’s amendments in lieu to Lords amendment 7, which will ensure victims can access transcripts of sentencing remarks free of charge. This is a meaningful improvement for victims, an important move towards a more transparent and humane justice system, and another step in the right direction of putting victims at the heart of our justice system.

The Bill ends the chaos we inherited. It restores confidence in justice and it delivers punishment that works for communities such as Portsmouth now and into the future. I am proud to have worked hard on developing the Bill and I am proud to support it.

I call the Liberal Democrat spokesperson.

I thank Members of both Chambers for their contribution and their continued work, in particular the prisons Minister for engaging collaboratively with Liberal Democrats in the other place and for making concessions both in the legislation and at the Dispatch Box.

We are pleased to see Government amendments (a) and (b) in lieu of Lords amendment 7, which introduce the provision of free transcripts of sentencing remarks to victims. It has been a long-standing campaign of my hon. Friend the Member for Richmond Park (Sarah Olney) to see the provision of all court transcripts, and victims gaining access to an improved level of transparency and accountability is a great first step.

I just want to take this opportunity to say my personal thanks to the Minister and everybody involved in bringing the legislation to this stage. I pay tribute once again to my constituent Juliana Terlizzi, who came to see me when she was charged £7,000 for the transcript of the trial that saw her rapist sent to prison. The amendment in lieu is a huge step forward for victims of all kinds, and I am really pleased to see it in the legislation. I want to put on record my huge thanks to everyone for that.

I thank my hon. Friend for reminding us that the heart of this amendment are victims and their ability to understand what has come in the sentencing remarks. So much happens in a court trial, whether it means reliving past trauma or confronting a perpetrator, and listening to proceedings can feel like a foreign language for many. Others, who choose not to attend the sentencing hearing, have no knowledge of what was said. That is why having consistent free access to transcripts is vital. It provides an opportunity to process the events of court proceedings afterwards or to read them for the first time. For many, this can provide closure and an opportunity to move on, but it is also the route for appealing a sentence if they believe it to have been unduly lenient.

Providing victims with court transcripts free of charge would markedly improve experiences for victims and survivors, but I do have some questions regarding the Government’s amendment in lieu. Could the Minister provide some clarity as to whether the term “victim” is applied as per the definition used by the victims code and whether, in the case that a victim is unable to personally request sentencing remarks—such as victims without capacity or victims who are children—immediate family members of victims are included within the provision?

Since I cannot ask the Minister myself, I might ask the hon. Lady if she agrees that we also need clarity on whether deceased victims’ family members will have a right to transcripts?

The victims code lays out that if a victim is deceased, the immediate family—parents or siblings—would be included. That is why I asked that question of the Minister.

Subsection (3)(c) of the amendment in lieu allows the Secretary of State to provide exceptions to the requirement to provide a transcript of sentencing remarks. What sort of exceptions do the Government anticipate, and as per subsection (3)(d), what sort of information may be omitted from a transcript? If the Secretary of State does not plan to use sweeping powers to except or omit, why are such provisions included in the amendment? The previous Government ran a very limited pilot of free court transcripts. Will this Government publish a detailed review of that pilot?

We believe that this provision could and should go much further, and as per the campaign by my hon. Friend the Member for Richmond Park and Baroness Brinton in the other place, we have tabled an amendment to the Victims and Courts Bill that would mean that all transcripts are provided free of charge, including judicial summaries and bail decisions.

The Lady Chief Justice recently spoke to the Justice Committee about a pilot with HM Courts and Tribunals Service on the use of AI for transcripts, especially in the asylum and immigration courts. She described it as a “great success”, so I would be keen to understand if the Government will work with the Liberal Democrats to progress this work. We do appreciate the growing cross-party support on this issue and the work of all in the other place to achieve this important first step today.

We also welcome the Government committing to a statutory annual report into the state of prison capacity and, importantly, the Probation Service. This is an important mechanism for oversight that will improve long-term assessments of the health of our justice system. We were very happy to see the Government accept our amendment to remove clause 35 from the Bill, which did nothing to address the crisis in our justice system and was totally at odds with the Rehabilitation of Offenders Act 1974. We welcome the amendments tabled by the Government to strengthen protections in relation to the Lord Chancellor’s approval of sentencing guidelines.

We have been supportive of many of the provisions in the Bill aimed at addressing some of the key failings in our crumbling justice system. Our courts, prisons and the Probation Service are all at breaking point, and without urgent intervention they are at risk of failing completely. The Bill offered an opportunity to ease some of the pressures our system faces, where currently the needs of victims, offenders and the system more widely are too often ignored. We also need to ensure that our prison system is one of rehabilitation—one that ends the cycle of reoffending and reduces long-term pressures. All of the Liberal Democrats’ work on this Bill has been in that vein, in order to get the legislation into a better place to achieve those aims.

To conclude, we realise the mess that our justice system finds itself in. We have always aimed to work collaboratively and productively in a cross-party way to ensure that we can begin to turn the tide on this crisis, and we will continue to do so. We need a sustainable solution, which includes cutting reoffending, tackling the court backlog to reduce the number of people in prison on remand, and properly resourcing our Probation Service, which will no doubt feel the impact of this legislation most acutely. The Bill contains a number of proposals that Lib Dems have campaigned for as part of the wider package of reform, but it still could go much further to ensure that it is fit for purpose to protect victims and safeguard our justice system for the future.

I am pleased that the Bill will deliver long-term and sustainable reform to our criminal justice system and make sure that we never again end up in the position where dangerous offenders are not being locked up, the police do not have the capacity to make arrests and courts are not able to hold trials. It was a breakdown in law and order like nothing we have seen in modern times, because the last Government increased sentence lengths without reckoning with the consequences of doing so, adding just 500 places during their time in office. That was a dereliction of duty beyond comprehension and something that must not be forgotten in the context of this Bill.

Our prisons were brought to the point of crisis; frankly, they only survived until the 2024 general election because, on the quiet, the last Government released 10,000 offenders early, completely undermining public confidence in our justice system. [Interruption.] Well, it’s true. The shadow Justice Minister, the hon. Member for Bexhill and Battle (Dr Mullan), is shaking his head. I was working in the Prison Service—I know what went down. I know exactly what happened. While the Bill was born out of necessity, it includes absolutely transformational reforms that Governments of all colours should have introduced in years past.

It is not that we are not being tough on crime—in fact, it is quite the opposite, because as the Minister has laid out, there will be more people in prison at the end of this Parliament than ever before—but, as has been outlined today, anyone who thinks we can simply build our way out of this crisis is not living in the real world and is not serious about public policy. It is welcome that we are deporting more foreign national offenders and bearing down on the court backlog to reduce remand prisoners. All of that is necessary but not sufficient, which is why this Bill is very welcome.

I want to speak specifically about amendments 1 and 14 and the broadening of whole-life orders. When I was a prison officer, I found it incredibly frustrating how little acknowledgment was given by wider society to the serious assaults and injuries that staff often had to suffer. I will take this issue up with the Minister another time, as I know it does not relate directly to the amendments, but I do think it is important that there is public recognition of how dangerous the job can be, including for probation officers. I pay tribute to Lenny Scott’s family, who have worked tirelessly to advocate for this welcome change. I hope that every Member of Parliament from across the House will support those amendments, which send the clear message that this House backs our police, probation and prison staff, given the particular dangers they face, and that we support them today and every day.

Although the Bill may have been born out of necessity—and, frankly, emergency—at the start of this Government’s time in office, I am proud that it is a Labour Government who are introducing the reform that our justice system has long needed. I am proud to support the Government amendments today.

It was a team effort.

I apologise that I was not here for the Minister’s opening speech; I was chairing the Justice Committee. I do not think that matters, though, because I agree with him on the amendments. They strengthen the Bill considerably. They bring more openness and transparency, and we welcome all the recommendations here, whether in relation to the Sentencing Council, to the prison capacity report, to the transcripts through the amendments in lieu, or to IPP prisoners. They are all welcome improvements on the Bill. We think that they need to go further in some areas, particularly in relation to IPP prisoners, but this is a good step along the way.

On a point of order, Madam Deputy Speaker. I wish to apologise for inadvertently making an error. At the start of my speech on the Sentencing Bill, I forgot to declare that I remain a member of the Prison Officers Association, following my time in the Prison Service. I hope that the record can be corrected.

I thank the hon. Member for her point of order. Her comments are now on the record and the record is corrected.