Sentencing Bill

Debate between Caroline Nokes and Andy Slaughter

Committee of the whole House
Tuesday 21st October 2025 Commons Chamber

[Andy Slaughter]

I am not going to give way again, because I am taking too much time. I agree with the right hon. Gentleman that this is a difficult process to manage. That is why this Bill was presented on the same day that fixed-term recall 48 came into operation. FTR 48 is the recent provision mandating fixed-term recalls of 28 days in determinate cases of less than 48 months. The new 56-day recall model recommended in the Bill replicates FTR 48, with the exception that the default recall period is extended from 28 to 56 days. Prior to this new provision being laid, there has been no opportunity for the efficacy and impact of this model to be evaluated. New clause 21 would allow that evaluation to take place. I think I am trying to do the same as what he is saying, which is to ensure we look carefully and evaluate the effect. We are into new territory here, and there may be unintended consequences.

The sentencing review received numerous reports that offenders are recalled for breaches, such as their tag running out of power or a failure to keep in touch, and that breach and recall processes are overly punitive and often felt to be unfair. As the Bill stands, the legal test for recall remains unchanged. As more offenders will be released at an earlier date and the use of electronic tagging will increase, there is a greater risk that people may be recalled when there are minor problems with the tag or housing issues. Tightening the legal test for recalls would confine their use to instances where there is evidence of consistent non-compliance, or a specific and imminent risk of harm, as recommended by the review. Without amendment, there is a real risk that the prison capacity crisis will not be adequately addressed, and we could even see an increase in recalls, albeit for shorter periods. A tighter test would guard against unintended consequences from the overuse of 56-day recalls.

Amendment 34 to clause 24 introduces the right for those being made subject to licence conditions to make representations as to their necessity and proportionality. That could be an important safeguard, given the suite of new conditions in the Bill that enable a wide range of restrictions to be imposed in the community. Without safeguards, the use of these conditions could lead to increased recalls and increased pressure on the probation and prison systems. Giving offenders an entitlement to make representations about licensing conditions would assist in alerting the authorities to any unintended consequences, such as where conditions might impact on resettlement or other outcomes, including access to employment or healthcare.

I am coming towards the end, but not just yet. The last of my amendments is amendment 35 to clause 24, which concerns restriction zones. Amendment 35 would introduce a requirement for the Parole Board to have oversight of new restriction zones for offenders on licence. A restriction zone is, by its nature, highly restrictive and could impact on almost every aspect of an offender’s life, including their ability to work, receive medical care and see family. Any application to leave the zone places an administrative burden on the authorities. The amendment would introduce judicial oversight by the Parole Board of the extension of restriction zones. That oversight could act as an important safeguard before such restrictions are imposed, and may also provide an opportunity for victims to have a voice in setting out the potential impact on them before an independent body.

This is the first time that provision has been made to restrict offenders to a certain geographical area when released on licence without a requirement for judicial oversight or due process. The proposed restriction is akin to control orders, now replaced with terrorist prevention and investigation measures, but without the requirement for a gateway offence or judicial oversight.

Finally, I have put my name to amendment 36, tabled by my hon. Friend the Member for Colchester (Pam Cox). It would provide an important clarification of the powers of the court to impose a community sentence as an alternative to a suspended prison sentence, in circumstances where that may offer a more effective prospect of avoiding future offending or breach of licence conditions. It would likely be especially beneficial in keeping women out of prison.

To conclude, I repeat my support for the Bill and the Government’s approach to sentencing, which are the biggest changes in 30 years. I thank the organisations working with IPP prisoners, many of whom are relatives and friends of those incarcerated, including United Group for Reform of IPP and the IPP Committee in Action. I also thank the justice unions parliamentary group, the Prison Reform Trust, the Law Society and Justice, among others, for their briefing and assistance with proposing changes to the Bill. I hope the Minister will consider the amendments that we have tabled as ways to improve the Bill’s content and bring clarity where it is needed. I hope that he will respond to them in winding up and may even agree to adopt some of them. We survive on hope.

[The Second Deputy Chairman of Ways and Means (Caroline Nokes)]

I call the shadow Minister.

Sentencing Council Guidelines

Debate between Caroline Nokes and Andy Slaughter

Tuesday 1st April 2025 Commons Chamber

[Madam Deputy Speaker (Caroline Nokes)]

I call the Chair of the Justice Committee.

[Andy Slaughter (Hammersmith and Chiswick) (Lab)]

The Sentencing Council is a judicial body whose president is the Lady Chief Justice and whose chair is a distinguished Court of Appeal judge. Its function was previously executed by the Court of Appeal. It is fully independent but is linked to Parliament, not least because the Justice Committee is a statutory consultee for all its guidelines, including those under discussion today. Its judicial leadership, independence and democratic accountability are its strength and a primary reason it is held in high esteem in the criminal justice system. Will the Lord Chancellor reassure me that those attributes will remain integral to the council, whatever changes are proposed in the current legislation, sentencing review and sentencing Bill?