Controlling or Coercive Behaviour: Sentencing
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The Parliamentary Under-Secretary of State for Justice (Jake Richards)
It is a pleasure to serve under your chairmanship, Mr Mundell. I thank my hon. Friend the Member for North Ayrshire and Arran (Irene Campbell) for securing this important debate.
I echo colleagues from across the House in thanking Paris Shears, who is in the Public Gallery, for bringing this issue to our attention and for raising it publicly. Like the Opposition spokesperson, the hon. Member for Bexhill and Battle (Dr Mullan), I have the great privilege of meeting lots of victims as part of my job. It is a difficult part of my job, but one that I enjoy. It is humbling to see people who have suffered a lot give up even more to try to change the world for others. Paris is another such person, and I hope that this debate will help to promote her views and that we can take this issue further in the weeks ahead.
Controlling and coercive behaviour is an insidious—that word was used a lot in the debate—form of domestic abuse. It can take many forms, including isolation from friends and family, depriving victims of their basic needs, and enforcing rules to humiliate, degrade or even dehumanise and control all aspects of day-to-day life. Too many people in our country, mainly women, experience this sort of abuse. As Members will be aware, the Government have committed to halving violence against women and girls in the next decade. Our VAWG strategy sets out what we are doing to reform the police response, strengthen the criminal justice system and empower victims with specialist support.
I want to address some of the points made in this very constructive debate. I agree with the shadow Minister, the hon. Member for Bexhill and Battle, about victims coming forward and putting their head above the parapet, which is incredibly humbling. I also agree with him—we agreed on an awful lot in this debate—about the need for constructive early advice for defendants to encourage early pleas where appropriate.
I think the shadow Minister put it well when he said that it is a really difficult balancing act, and there is no easy answer to the central issue that we are debating today. It is about trying to encourage guilty defendants to plead guilty, but doing so in a way that respects victims and puts them at the heart of the system. That is a really difficult balancing act that the justice system has to grapple with, and that we as a Government and as parliamentarians have to grapple with. As I will come on to say, it is even more difficult because of the nature of this particular offence, which so many Members highlighted in the debate.
The Liberal Democrat spokesperson, the hon. Member for Chichester (Jess Brown-Fuller), is right about trying to create mechanisms within criminal proceedings by which a defendant might plead earlier and re-engage with their prospects. Of course, she will be aware that there are already two formal opportunities to do so, and at any point in the process a defendant can, through correspondence, intimate that they are changing their plea. We need to consider how we can encourage that as part of the process more generally. The statutory guidance on this particular offence is being led by the Home Office, but I checked in preparation for the debate and can confirm that it will be published early next year.
I understand the point made by the Liberal Democrat spokesperson about court staff training, but I think that that issue has been debated; I am very wary that this debate has touched on lots of other pieces of legislation that we have already debated extensively. That is essentially an issue of proportionality, and what we are trying to do through the Courts and Tribunals Bill, which has now gone to the other place, is not only to quicken the court process but to ensure that it is done fairly. Again, like the central issue that we are debating today, that is a balancing act between efficiency, productivity and ensuring that victims are at the heart. Efficiency and productivity are not for their own sake; they are for the victims’ sake. I know the Liberal Democrat spokesperson appreciates that, and she made important points.
The hon. Member for Eastleigh (Liz Jarvis) is doing what she should do, and clearly does, as a good constituency MP by raising the case of her constituent. She did so powerfully, and I thank her for that.
Jake Richards
I have made it abundantly clear that I will not relitigate the Sentencing Act.
David Mundell (in the Chair)
Order. The shadow Minister should not intervene from a sedentary position.
Jake Richards
We debated that legislation as it passed through the House of Commons and the House of Lords. Indeed, I was in the main Chamber last week when we had an urgent question on that issue, and the Lord Chancellor was there in September. We will no doubt debate the issue again, but it is not what we are debating today, and I do not intend to respond to that question.
Jake Richards
No, I will not give way.
As I have already touched on, my hon. Friend the Member for Forest of Dean (Matt Bishop) and others made the point that early guilty pleas and discounts must be considered very carefully in the context of controlling and coercive behaviour. It is a unique offence, although of course there are lots of other offences that involve issues of control and power, as my hon. Friend the Member for Crewe and Nantwich (Connor Naismith) powerfully highlighted. I can commit that the Government will look at these measures in the context of this particular offence.
Going back to the central balancing act that I have already touched on, we are not currently persuaded that the evidence suggests that victims would be best served by a scrapping of discounts just for this particular offence. Indeed, there is no other criminal offence for which that is the case, and at the moment—I say “at the moment” because this is an ongoing conversation—we are not persuaded that that is something we can do. My hon. Friend the Member for Forest of Dean also asked whether I would meet Paris. If she would like to meet me or the Victims Minister, we will of course meet her at the earliest opportunity.
Let me go back to the early guilty plea. Sir Brian Leveson did the modelling when he looked at this and encouraged us to offer further discounts, as the shadow Minister said. The evidence from his modelling said that it would encourage more people to plead guilty. We did not accept that recommendation, but it suggests to me that these discounts, however unsatisfactory or even unsavoury they are, do make the criminal justice system more expeditious, which ultimately serves victims as well.
My right hon. Friend the Member for Liverpool Garston (Maria Eagle) raised the case of her constituent Hayley, which was very powerful and moving, and asked about non-fatal strangulation and sentencing. I meet regularly with the chair of the Sentencing Council and will raise that issue formally in my next meeting with her. My right hon. Friend also spoke about the victims code, and I will ensure that the Victims Minister gets a transcript of her speech. My right hon. Friend will no doubt speak with her as well—I know that she has already met with her—but I will make sure that it is very much on the Minister’s agenda.
I agree about the confusion, or perhaps the lack of knowledge, about concurrent and consecutive sentencing. We all have a job to ensure that the criminal justice system can explain that to victims during the criminal justice process. Judges and Crown Prosecution Service prosecutors have an explanatory role, to ensure that everyone knows what they are dealing with when they leave the courtroom, because they often do not. There is more we can do in terms of an education setting, for want of a better phrase.
The hon. Member for St Neots and Mid Cambridgeshire (Ian Sollom) raised a number of points, and I will try to deal with some of them. The interrelation of the family courts was raised consistently by other Members and is something that we are very alive to. I hope that we will publish the family justice strategy later this year, and I assure the hon. Member that dealing with some of these issues will be right at the heart of how we look at the whole family justice system. He and other Members are right that too often men—it is mainly men—are able to use the family courts to further compound misery and harm on women. It is not good enough, and I experienced it myself when I was a barrister in the family courts. I saw it with my own eyes, and we are going to try to change it.
The hon. Member for St Neots and Mid Cambridgeshire also mentioned special measures. I am reluctant—simply because it is not my brief—to go into it too much. I am aware that we want to retain some court discretion. I am not suggesting that his proposal would not do that, but I am reluctant to comment much further, because it is not my area, to be blunt. I will make sure that the relevant Minister hears what was said by the hon. Member and by the Liberal Democrat spokesperson, the hon. Member for Chichester.
On the point that the hon. Member for St Neots and Mid Cambridgeshire made about the data protocol since 2024, I will go away and make sure that he gets a written answer.
My hon. Friend the Member for Isle of Wight West (Richard Quigley) raised really powerful stories about what has happened in his constituency. He mentioned some of the things the Government have done; I would add restriction zones, which can be really powerful for ensuring that if offenders are released from prison, there can be better protections for victims of domestic abuse. They are quite innovative in flipping the burden on to the offender rather than victim, so the victim can go on with their life and not have to worry about bumping into the offender, which is clearly a more acute issue in my hon. Friend’s constituency than others.
My hon. Friend the Member for Portsmouth North (Amanda Martin) raised the cases of Chloe and Skye, which are very moving. Her questions to me and the Government were essentially about whether we are ensuring that victims of domestic abuse are at the heart of our reforms to the criminal justice system. Last week, the Courts and Tribunals Bill was before the House of Commons, and the gist of that legislation is to try to get the backlog down. Until we do that, all these issues are exaggerated for victims, so that is what the Government are trying to do. My hon. Friend will be reassured that the Victims Minister is playing a really important role in making sure that victims are at the heart of the criminal justice system and all the reforms we are making.
My hon. Friend the Member for Crewe and Nantwich has his own experience of the particular harms of this offence, and we have to consider them very carefully in terms of the early guilty plea. I will go away and do so.
I want to set out some of the things that we are doing to support victims. There is, of course, a technical argument in this debate about early guilty pleas and any discounts that might flow from that, but the heart of this issue is how we treat victims, particularly victims of domestic abuse and this insidious form of it. I understand that some victims and some of those who signed the petition will perhaps be disappointed with my central response to their ask, but we are, in my mind, taking huge steps to support victims and make sure that they are properly supported and protected throughout the justice system.
We are providing funding for a range of national and local services offering support to victims. Earlier this year, we committed £550 million to victim and witness support services over the next three years—the biggest investment in support for victims that we have ever seen in this country, which I am particularly proud of. That will go into offering specialist services around emotional, practical and therapeutic support, including counselling and advice around going to court. Too many times, I meet victims who simply have no support when they go to court; it is actually shocking. We are investing to make sure that we have that support in and around court for victims much more consistently and as less of a lottery.
I recognise the importance of ensuring that victims and their families have access to the information and support that they need. That is vital in helping them to navigate the criminal justice system. It is why the victims code is so important: it sets out what victims can expect to receive from criminal justice agencies in England and Wales. Earlier this year, we consulted on a new code to make those rights clearer and ensure that they are delivered more consistently. We also strengthened the accountability for those rights so that failures can be identified and addressed, rather than leaving victims without the support they should receive.
Of course, we must do everything we can to protect victims from further harm. In our manifesto, we committed to ensuring that the police have the right skills and training to respond appropriately to victims of violence against women and girls. In February 2025, the Home Office announced £13 million in funding to launch a new national centre for VAWG and public protection, which is designed to improve how police respond to violence against women and girls, including controlling or coercive behaviour, strengthen officers’ understanding of these crimes and help to ensure that victims receive consistent protection.
From February last year, offenders convicted of controlling or coercive behaviour and sentenced to 12 months or longer have been automatically managed under multi-agency public protection arrangements, which were mentioned in the debate. That requires co-operative working between the police and the probation and prison services to make sure that the risks posed by the most serious offenders are properly managed and that appropriate safeguards are put in place. That change recognises the significant harm that this kind of offending can cause by putting controlling or coercive behaviour on a par with other forms of domestic abuse. These arrangements are about preventing further abuse, protecting victims and ultimately saving lives.
I thank my hon. Friend the Member for North Ayrshire and Arran for bringing this important issue to the House, and I thank all Members for their contributions to the debate, which was constructive and grappled with a difficult issue that has no easy answer. The Government’s position on guilty plea reductions will not be what some are hoping for, but I want to reassure victims that their experiences matter and that this debate has given them prominence in the Government’s consideration of these issues going forward. Ultimately, nobody should have to endure controlling or coercive behaviour, and those who do deserve not only justice, but the right protection and support throughout the justice system and beyond.