Criminal Justice

Ashley Fox Excerpts

Wednesday 25th June 2025 Commons Chamber

[Sir Ashley Fox (Bridgwater) (Con)]

The Chancellor substantially increased the budget of the Ministry of Justice in the spending review from £11.9 billion in 2023-24 to £15.6 billion in 2028-29. We are told that that is a real-terms increase of 3.1% over five years. It is our duty in this place not just to applaud ever larger sums of money being spent, but to scrutinise whether that money is spent well and to ensure it represents good value for money for the taxpayer. There is no question but that the criminal justice system is under strain. I trust the Lord Chancellor will do her best to ensure that she uses the money wisely to fix the various problems the Chairman of the Select Committee has described.

One of the biggest problems facing the criminal justice system is the Crown court backlog. As of the end of 2024, almost 75,000 cases were awaiting trial. That is an increase on the figure when the Lord Chancellor took office and it is projected to rise further. Justice delayed is justice denied. Witnesses’ memories fade and victims feel that they have been forgotten. I appreciate that much of that rise was caused by the pandemic, and we are still dealing with the fallout, but the Lord Chancellor must do more to reduce that backlog.

Although there is more money for the courts as part of the spending review, we need to ensure it is effectively deployed. The Government say it is a priority, yet we still have empty courtrooms. When the Lady Chief Justice came to Parliament last November, she offered 6,500 additional sitting days. Will the Minister explain why the Lord Chancellor did not accept every single one of the extra days offered? The Lord Chancellor must use the additional money she has been given to improve the efficiency and effectiveness of both the Crown and magistrates courts, and to reduce the backlogs.

The justice system also faces a lack of prison spaces. The Gauke review, commissioned by the Lord Chancellor, has effectively recommended the ending of short prison sentences in favour of community sentences. About half of admissions to prison are for sentences of less than 12 months. The Howard League says that about 30,000 people a year are sentenced to six months or less. Setting aside for one moment whether that is the right policy, which I doubt, if it is implemented by the Government it will require a very large increase in the number of probation officers.

[Joe Robertson (Isle of Wight East) (Con)]

My hon. Friend talks about probation and prison places. Does he share my concern that it is all very well for the Government to announce £7 billion to deliver prison places by 2031, which is six years away, while 16,000 prisoners are walking the streets because they were released earlier by this Government? What will happen in the next six years? Will more prisoners be released early while we wait for those prison places?

[Sir Ashley Fox]

The danger is that the public lose confidence in the criminal justice system if prisoners are released so early. As I mentioned, there is already a shortfall of nearly 2,000 probation officers. In fact, there are now 200 fewer probation officers than when Labour took office. If the Government intend to go ahead with this plan, we need to know how they plan to recruit the additional probation officers that they will need. What is their plan? If they go ahead with abolishing short sentences, those community sentences will have to be seen by the public to be really tough and worthwhile if the criminal justice system is to retain confidence. I fear that the Government do not have a plan for that. Although we see more money allocated in the budget for prison and probation services, we do not get any detail about what that means for the recruitment of those extra probation officers. I would be grateful if the Minister could address that point.

I also ask the Government to look at other methods of alleviating the strain on prison places that do not involve additional expenditure—for example, deporting foreign national offenders. There are currently 11,000 foreign offenders in our prisons, but our record on deporting them remains poor. Only 3,500 were deported last year, and too many are still able to avoid deportation by using the European convention on human rights. This needs to change. The Government have said that they will review the right to family life being used in appeals in serious cases related to asylum seekers who have been convicted of sexual offences. I welcome that, but we need to go much further. We should deport all foreign national offenders at the end of their sentences and disapply the Human Rights Act.

The obvious way to ensure that we have enough prison spaces in the longer term is to build more prisons. During the general election campaign, Labour promised to build 20,000 additional places, but in the year since the Government took office, little progress has been made, and it was recently revealed that they have actually cut hundreds of millions of pounds from the capital budget to cover the cost of pay increases for staff and the imposition of the Chancellor’s jobs tax.

It is always tempting to welcome an increase to a Department’s budget, but we need to ensure that the spending is matched by proper accountability and planning. We cannot afford for this new funding to be simply absorbed by justice bureaucracy. Will the Minister explain how much of the extra money that his Department has been allocated will go in additional national insurance charges, wage rises and inflation? It is simply not credible to make countless promises in opposition or on the campaign trail, only to quietly shelve them when in office. The Opposition will hold the Government to account for the commitments they have given.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Justice (Sir Nicholas Dakin)]

I start by thanking the Chair of the Justice Committee, my hon. Friend the Member for Hammersmith and Chiswick (Andy Slaughter), for his opening remarks and for securing this important debate, and I thank everybody else who has contributed so thoughtfully. I echo his words in paying tribute to everybody who works in the criminal justice system. They do an amazing job to maintain public protection, which is so important. I support the words of the Opposition spokesman, the hon. Member for Bexhill and Battle (Dr Mullan), in highlighting the role that people who have formerly been in the armed forces play in our criminal justice system. There is much for us to agree on.

One of the things we know is that Labour has always been tough on crime and tough on the causes of crime. I will give three facts to evidence that. In 13 years of Labour Government, we added 27,830 prison places. In 14 years of Conservative Government, they added 500 net prison places. So far under this Government, we have already added some 2,500 prison places. The figures speak for themselves.

We want a criminal justice system that works for everyone. That is what my hon. Friend the Member for Bournemouth East (Tom Hayes) said, and I think everyone in the House would agree. Last summer, our prisons were operating at over 99% capacity. Just days after taking office, we had no choice but to take emergency measures to avoid running out of space altogether. Had we not acted, the result would have been catastrophic. Our courts would have ground to a halt and the police would have been forced to halt arrests. In short, we would have faced a total breakdown of law and order.

We were left in that parlous position because the previous Government, despite all their promises and fine words, delivered only those 500 additional prison places in 14 years. At the same time, sentence lengths rose exponentially. As a result, the prison population is now rising by 3,000 each year. This Government take our duty to protect the public seriously, and that is why we are taking the robust, bold action needed to bring an end to this cycle of crisis, ensuing that the British public are never again put at risk by the failure to have enough prison places.

We are committed to bearing down on the outstanding caseload in the courts, which a number of Members have alluded to, and delivering swifter justice for victims, but we acknowledge the significant challenge facing the Crown court. As part of the spending review settlement, we agreed with the Treasury that we will fund record investment for the courts system by 2028-29, keeping sitting days at record highs over that period. We have 110,000 sitting days in the Crown court just this year.

We recognise, however, that that is not enough given the scale of the challenge we inherited. Even with record levels of Crown court funding and our plans for record numbers of sitting days, the backlog will continue to grow without substantial reform of our criminal courts. That is why the Lord Chancellor has commissioned an independent review of the criminal courts, led by Sir Brian Leveson, one of our most distinguished judges, to consider the options for longer-term reform, as well as reviewing the efficiency and timeliness of court processes through charge to case completion. I hope that that review will report shortly. We will also fund capacity to speed up the processing of asylum appeals, supporting the Government’s priority to reduce illegal and irregular migration.

Legal aid is a vital part of the justice system, as we have heard from colleagues from across the House. It underpins our plans to build a justice system that works fairly for all parties. In December, we announced that criminal legal aid solicitors will receive up to £92 million more a year to help address the ongoing challenges in the criminal justice system and get justice for victims. Following that, in January we began consulting over a £20 million uplift to civil legal aid fees for lawyers working in the immigration and asylum and housing and debt sectors.

I pay tribute to my hon. Friend the Member for Liverpool Riverside (Kim Johnson), who spoke about the importance of forensic science in addressing miscarriages of justice, as well as prison maintenance issues. We are failing victims if courts cannot deliver swift justice. Prisons run out of places entirely, and crime goes without punishment. My hon. Friend the Member for Colchester (Pam Cox) spoke about that in her contribution. It would have damaging consequences for the criminal justice system if that happened. That is why we are taking the steps to rebuild a justice system that works and that victims can have confidence in.

We are looking at imposing tougher exclusion zones that limit the movement of offenders, instead of limiting the movement of victims, and we are continuing the provision of free sentencing remarks to victims of rape and serious sexual offences. Our reforms will include continuing to expand our application of electronic monitoring to perpetrators of violence against women and girls, and the use of specialist domestic abuse courts, with trained staff to support victims and more co-ordinated management of perpetrators. We will continue to fund services supporting victims and witnesses. The Liberal Democrat spokesman, the hon. Member for Eastbourne (Josh Babarinde), made some eloquent contributions on that issue, which I heard clearly, and I thank him for that. We are creating a new domestic abuse flag at sentencing, so that domestic abusers are known to the Prison and Probation Service and their victims are better protected.

Since taking office, we have opened 2,400 prison places. Between 2024-25 and 2029-30, the Government are providing £7 billion to deliver the commitment to build 14,000 new prison places by 2031. That is the largest expansion since the Victorian era.

[Sir Ashley Fox]

During my speech I asked the Minister how much of the extra money allocated to his Department would be spent on higher wage rises, higher national insurance charges and inflation. I am just giving him a chance to respond before he finishes his own speech.