PARLIAMENTARY DEBATE
Independent Sentencing Review - 22 May 2025 (Commons/Commons Chamber)
Debate Detail
First, however, it is essential that we set the review in its proper context. A year ago today, the Conservative party called an election. They did so because they were confronted by the prospect of prisons about to collapse. Rather than confront their failure, they chose to hide it and hoodwink the public into re-electing them. It did not work, but their legacy lives on.
Our prisons are, once again, running out of space and it is vital that the implications are understood. If our prisons collapse, courts are forced to suspend trials, the police must halt their arrests, crime goes unpunished, criminals run amok and chaos reigns. We face the breakdown of law and order in this country. It is shameful that, in this day and age, we are confronted by this crisis once more. The reasons are clear. The last Government added just 500 places to our prison estate, while at the same time, sentence lengths rose. As a result, the prison population is now rising by 3,000 each year and we are heading back towards zero capacity. It now falls to this Government to end this cycle of crisis. That starts by building prisons.
Since taking office, we have opened 2,400 places. Last week, I announced an additional £4.7 billion for prison building, putting us on track to hit 14,000 places by 2031, in the largest expansion since the Victorian era. That investment is necessary, but not sufficient. We cannot build our way out of this crisis. Despite building as quickly as we can, demand for places will outstrip supply by 9,500 in early 2028, and that is why I commissioned the sentencing review. Its task was clear: this country must never run out of prison places again. There must always be space for dangerous offenders.
At the same time, the review was tasked with addressing the fact that our prisons too often create better criminals, not better citizens. Instead of cutting crime, they are breeding grounds for it. The reviewers have followed the evidence and example of countries across the world. Today I present an initial response, with further detail to follow once legislation is placed before the House.
Let me start with the report’s central recommendation: the move to a three-part sentence called the earned progression model, which the Government accept in principle. Under the model, an offender will not necessarily leave prison at an automatic point. Instead, their release date will be determined by their behaviour. If they follow prison rules, they will earn earlier release; if they do not, they will be locked up for longer. That echoes the model I witnessed in Texas earlier this year, which cut crime and brought their prison population under control.
Under the new model, offenders serving standard determinate sentences with an automatic release of 40% or 50% will now earn their release. The earliest possible release will be one third, with additional days added for bad behaviour. The review suggests a new maximum of 50%, but for those who behave excessively badly, I will not place an upper limit. For those currently serving standard determinate sentences with an automatic release point of 67%, their earliest possible release will be 50%. Again, for those who behave excessively badly, I will not place an upper limit.
David Gauke also suggests that those serving extended determinate sentences should also earn an earlier release. This we will not accept. Judges give extended sentences to those they consider dangerous, with no Parole Board hearing until two thirds of time served, and I will not change that. I can also confirm that no sentences being served for terror offences will be eligible for earlier release from prison.
In the second part of the progression model, offenders will enter a period of intensive supervision. That will see more offenders tagged and close management from probation. The Government will therefore significantly increase funding: by the final year of the spending review period, an annual £1.6 billion will rise by up to £700 million, allowing us to tag and monitor tens of thousands more offenders. If offenders do not comply with the conditions of their release, the sentencing review has suggested that recall to prison should be capped at 56 days. We have agreed to this policy in principle, though the precise details will be placed before the House when we legislate. In the final stage of the three-part sentence, offenders could still be recalled if a new offence is committed, and I will also ensure that the most serious offenders continue to be subject to strict conditions.
The review also recommends a reduction in short prison sentences. A compelling case for doing so has been proposed in this House many times. In the most recent data, nearly 60% of those receiving a 12-month sentence reoffended within a year. With reoffending rates for community punishment consistently lower, we must ask ourselves whether alternative forms of punishment would make the public safer. It is important, however, to note that the review recommends a reduction in short sentences, not abolition. It is right that judges retain the discretion to hand them down in exceptional circumstances. In considering exceptional circumstances, we will continue to ensure that courts have access to thorough risk assessments for domestic abuse and stalking cases, and breaches of protective orders linked to violence against women and girls will be excluded.
The review also recommends an extension of suspended sentences from two to three years. In this period, the prospect of prison time hangs over an offender should they break any conditions imposed upon them, and we accept that recommendation.
The recommendations set out above will see more community punishment. For that reason, it is essential that it works. The review recommends a series of measures to make community punishment tougher and force offenders to pay back to those they have harmed. We will consider new financial penalties, which could see offenders’ assets seized, even if they are not knowingly linked to crime, and expanded use of punishments such as travel and driving bans that would curtail offenders’ liberty.
We accept a recommendation to expand intensive supervision courts. Those impose tough conditions, including treatment requirements, that tackle the root causes of prolific offending. Offenders are brought before a judge regularly to monitor compliance, and the prospect of prison hangs over them like the sword of Damocles.
However, I believe community punishment must be tougher still. Unpaid work must pay back, so I will shortly bring together business leaders to explore a model whereby offenders work for them, and the salary is paid not to the offender but towards the good of victims. I will also work with local authorities to determine how unpaid work teams could give back to their communities, whether by filling potholes or cleaning up rubbish.
I invited David Gauke to consider cohorts of offenders who this Government believe require particular focus. I welcome his recommendations on female offenders. Approximately two thirds of female offenders receive short sentences. Around the same number are victims of domestic abusers. I am pleased to say that the review’s recommendation on short, deferred and suspended sentences will reduce the number of women in prison.
I asked David Gauke to consider how we tackle foreign national offenders. Today, our deportation rate is ahead of the last Government’s. I welcome the recommendations to make it quicker and easier to deport foreign criminals. Under the existing scheme, they are sent back to their country of origin after serving 50% of the custodial sentence. We will bring that down to 30%. We will also conduct further work with the Home Office on how we can deport foreign prisoners serving less than three years as soon as possible after their sentencing.
I also asked the review to consider how we manage sex offenders. The review has recommended we continue a pilot of so-called medication to manage problematic sexual arousal. I will go further, with a national roll-out beginning in two regions, covering 20 prisons. I am exploring whether mandating the approach is possible. Of course, it is vital that this approach is taken alongside psychological interventions that target other causes of offending, such as asserting power and control.
When discussing sentencing, it is too easy to focus on how we punish offenders when we should talk more about victims. Everything I am announcing today is in pursuit of a justice system that serves victims. If our prisons collapse, it is victims who pay the price. By cutting reoffending, we will have fewer victims in future, but there is more we must do to support victims today. The review recommends a number of important measures, including better identifying domestic abusers at sentencing, so that we can monitor and manage them more effectively. I pay tribute to those who have campaigned on this, particularly the hon. Member for Eastbourne (Josh Babarinde). I also welcome the recommendation to expand the use of specialist domestic abuse courts, where trained staff support victims. To improve transparency in the system, we will extend a pilot of free sentencing transcripts for victims of rape and serious sexual offences.
I want to go further than the review recommends to better support victims. Exclusion zones are an important tool, preventing offenders from entering areas their victims might be in, but these place greater limits on victims than on offenders. I want to change that, locking offenders down to specific locations so that victims know they are safe wherever else they want to go.
This review sets out major reform. I know its recommendations will not be welcomed by all. By appointing David Gauke, a former Conservative Lord Chancellor, I hoped to show that two politicians from different traditions can agree on the reforms our justice system requires. I do not expect Conservative Members to join me to solve this crisis. In fact, I can hear their soundbites already. “Just build faster,” they will say. Well, we are building faster than they did: we have already added 2,400 places, and we are now investing £4.7 billion more. “Just deport more foreign criminals,” they will say. Well, we are ahead of where they were, and today we have accepted major reform to go further and faster. “Clear the courts backlog,” they will say despite having created it themselves. Well, we are investing more in our courts than they ever did, and we are ready to embrace once-in-a-generation reform to deliver swifter justice for victims.
While we are doing more on each of these areas than they ever did, these are not solutions that rise to the scale of the crisis that they left behind. We must build prisons on an historic scale, deport foreign national offenders faster than ever, and speed up our courts; and yet still, despite all that, we must reform sentencing too. So, more in hope than expectation, and despite, not because of, experience, by appealing to the better angels of their nature—if they have any—I end by inviting those opposite to help us fix the crisis that they left behind. I commend this statement to the House.
What about the Justice Secretary’s plan for most criminals going to jail to serve just one third of their prison sentence there and for her slashing of sentences across the board—discounts so big they would make Aldi and Lidl blush? I would call it a joke if the consequences for the public were not so terrifying. In fact it gets worse, because criminals who plead guilty—and most do—already get a third cut in their sentence, so under her scheme a burglar who pleads guilty to an 18-month headline term would spend just one fifth of that term in jail—barely 11 weeks. Eleven weeks for smashing through a family’s door and storming through a child’s bedroom looking for valuables, leaving them traumatised for life. Is that the Justice Secretary’s idea of justice for victims? The least she could do is here and now guarantee that violent criminals, domestic abusers, stalkers and sexual assaulters will not be eligible for any discount in their sentence. Will she commit to that?
If not prison, what is the plan to punish these criminals and to keep the public safe? Well, the Justice Secretary says it is digital prisons—as she puts it, prison outside of prison, words that lead most people in this country to conclude that the Justice Secretary is out of her mind. I am all for technology but tags are not iron bars—they cannot stop your child being stabbed on their walk home from school, or a shop being ransacked time and again, or a domestic abuser returning to their victim’s front door.
The Ministry of Justice’s own pilot scheme found that 71% of tagged offenders breached their curfew. When it comes to stopping reoffending, tags are about as useful as smoke alarms are at putting out bonfires. What is the Justice Secretary going to say when she meets the victims of offenders that she let off? How is she going to look them in the eye and say with a straight face, “I’m sorry—we are looking into how this criminal escaped from their digital prison cell.” Her reforms are a recipe for carnage.
I urge the Justice Secretary to change course and to make different choices—yes, choices—from the ones that we knew the Government would make from the day that the Prime Minister hand-picked Lord Timpson as Minister of State for Prisons, Probation and Reducing Reoffending, a man who is on record as saying that
“a lot of people in prison…shouldn’t be there”—
two thirds of them in fact, he said—
“and they are there for far too long”.
The Labour party is clearly ideologically opposed to prison and that is why the Government are letting criminals off with a “get out of jail free” card, rather than deporting the 10,800 foreign national offenders in our prisons—one in every eight cells—a figure that is rising under the Justice Secretary’s watch. If she is actually serious about keeping violent criminals off our streets and finding the cells that are needed, will she bring forward legislation, tomorrow, and disapply the Human Rights Act 1998, which is stopping us from swiftly deporting foreign national offenders?
Some 17,800 prisoners are on remand awaiting trial—another figure that has risen under the Justice Secretary. In fact, her own Department’s figures forecast that it could rise to as many as 23,600. If she is serious, will she commit to taking up the Lady Chief Justice’s request for extra court sitting days to hear those cases and free up prison spaces? Will she commit, here and now, to building more than the meagre 250 rapid deployment cells her prison capacity strategy says she is planning to build this year? They have been built in seven months before, and they can be built even faster.
If the Justice Secretary were serious, she would commit to striking deals with the 14 European countries with spare prison capacity, renting their cells from them at an affordable price, as Denmark is doing with Kosovo. Between 1993 and 1996, her beloved Texas, the state on which she modelled these reforms—a state that, by the way, has an incarceration rate five times higher than that of the United Kingdom—built 75,000 extra cells. If the Government were serious, why can they not build 10,000 over a similar time period?
Labour is not serious about keeping hyper-prolific offenders behind bars. In fact, there is nothing in the Justice Secretary’s statement on locking them up or cutting crime, because the Labour party does not believe in punishing criminals and it does not really believe in prison. The radical, terrible changes made today are cloaked in necessity, but their root is Labour’s ideology. It is the public who will be paying the price for her weakness.
The shadow Secretary of State talks about “iron bars”, but he was part of a Government that did not build the prison places that this country needs. Unlike him, I take responsibility, and it has fallen to me to clean up the mess that he and his party left behind. In case there is any confusion, let me spell out what happens when he and his party leave our prison system on the brink of collapse, which is exactly what they did, and set out the prospect that faced me on day one, when I walked into the Justice Department. When prisons are on the verge of collapse, we basically have only two choices left at our disposal: either we shut the front door, or we have to open the back door. The right hon. Gentleman’s party knew that that was the situation it was confronted with, but did it make any decisions? No, it just decided to call an election instead and did a runner.
The public put the Conservatives in their current position. If they ever want to get out of that position, I suggest that they start by reckoning with the reality of their own track record in office. In any other reality, they should have started already with an apology. Conservative Members have had many chances to apologise to the country for leaving our prisons on the point of absolute collapse, but they have never taken them. Frankly, that tells us everything that anyone needs to know about the modern Conservative party.
My party and I will hold the Government to account on the implementation, and we would like to get clarity on the record that the new identifier will mean that the Government can be empowered to exclude domestic abusers from, for example, an SDS40 early release scheme, and that partners using Clare’s law will see offences flagged as domestic abuse in the light of the report.
It must be said that it is absolutely appalling that the shadow Justice Secretary has just tried to play politics with domestic abusers.
The new identifier will develop over time, and I am sure that it will inform future policy decisions made by Governments of all stripes, but it is an important starting point. We are very happy to accept the recommendation, and we will move at pace to ensure that we deliver it.
Cases under Clare’s law will be covered by the new measure. As for more support for victims of domestic abuse, we are very keen to take forward the review’s recommendation on the specialist courts, because we think they will have a particularly important role to play. As I said in my statement, we will ensure that the measures relating to the presumption against short sentences contain an exclusion for breaches of orders, which we know is a matter of particular concern for victims of domestic abuse. I will engage with Members across the House on where we can make further progress.
One in five adults in this country will experience domestic abuse in their lifetime. Could my right hon. Friend please explain how domestic abuse victims will be protected under these new measures?
Turning to residential alternatives to custody, the hon. Lady will know that I have set up the Women’s Justice Board. It is well represented, including by those who have personal experience of Hope Street, and we will work with the Women’s Justice Board as we roll out further changes to the female estate.
I am very pleased to extend the pilot scheme. We will learn the lessons about how the first pilot scheme worked in the first year, and if we need to do more on publicising what the scheme can do and its availability, we will do so. The hon. Lady will know that I want to make further progress on using AI technology to make transcripts more widely available, because I believe in a transparent justice system. I do not believe that we are very far away from having tech that is accurate enough to be a matter of court record, but we are not quite there yet. It is something we continue to work on.
I will work at pace to bring forward legislation at the earliest opportunity, so that the House can consider the proposals in full. Those on extended determinate sentences —the most dangerous offenders, as judged by a judge in a court—will be excluded from these measures. For all other offenders, earlier release will have to be earned, and there will be intensive supervision afterwards. That is the earned progression model, and I am sure we will debate it at length in the weeks and months ahead.
We are also absolutely determined to make more progress on rehabilitation outside the prison estate, which is why we are toughening up community punishment. We know that that works, and we know that the country can have confidence in such punishment. We will be working with our colleagues in the Department of Health and Social Care to think about the availability of drug and alcohol treatment. We will expand the use of sobriety tags, which are already helping offenders to come off the drink that often fuels their offending. I have asked some tech companies to look at further technological innovation that can help us in this space. The holy grail would be a drugs tag, which could make a huge difference in reducing reoffending in our country. We will continue to press ahead and work as quickly as we can to find further technological solutions.
On the domestic abuse recommendations and the application of domestic abuse at sentencing, will the Lord Chancellor consider whether it is possible to tag those offences retrospectively, as well as at sentencing? Also, I welcome her remarks about transcripts and transparency. In the light of the pilot on transcripts for sexual violence and rape cases, will she consider including in that pilot the entire transcript, not just the transcript of sentencing?
On transcripts, sentencing remarks are currently available for other victims, such as in murder cases and so on, and that will be extended to victims of rape and serious sexual violence. To repeat a point I made earlier, I believe in a transparent justice system. I would like to be in the position of using AI technology to make not just sentencing remarks available. We are thinking about making broadly what happens in courts and such transcripts more widely available. What inhibits us is cost, and we are trying to take out that cost by looking at AI models, but we cannot proceed with anything unless we are absolutely certain about its accuracy because, as I am sure the hon. Member appreciates, a document purporting to be a record of what was said in court needs to be bang on.
The right hon. Member is referring to prolific offending: the people who keep coming back, cycling in and out of the system. The review recommends that we switch to a model of intensive supervision courts, where a judge is in charge of making sure that a treatment programme is adhered to. We will take that forward, and I will set out more proposals when we bring forward the legislation. The early pilots—which, in fairness, were started under the previous Government—have shown very positive progress in helping those offenders to turn their lives around and break the cycle of addiction or mental health problems that often leads to prolific offending. We will build on that work.
“you have to win votes”?
Fortunately, the Conservatives did not win any votes in Margate, Broadstairs and Ramsgate, which is why I stand here today to say that neighbourhoods in East Thanet are blighted by drug dealing, theft, burglary, sex trafficking and antisocial behaviour, which ebbs and flows according to whether the main criminals, organisers, pimps, co-ordinators and dealers are in or out of prison, causing mayhem. Does she agree with me that the shortage of prison cells, because of the Conservative party, and the lack of alternative punishments, because of the Conservative party, have contributed to that situation, which blights the lives of those in our communities?
“so-called medication to manage problematic sexual arousal”.
Will she place the available research and conclusions in the Library so that we all have access to the information and can understand the data on which she and David Gauke have relied?
“to ensure that the number of prison places was aligned with criminal justice”
priorities.
As a former police officer, I can say that community payback works. Does the Lord Chancellor agree with me and many of my colleagues in the criminal justice system that rehabilitation of offenders, including filling potholes and clearing fly tipping, is popular, not only in Chatham and Aylesford but in Newark and across the country?
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