Sentencing Bill

Catherine Atkinson Excerpts

2nd reading
Tuesday 16th September 2025 Commons Chamber

[Catherine Atkinson (Derby North) (Lab)]

Madam Deputy Speaker, put yourself in the place of a victim of crime. You want to go out for a walk with your family, out to the park or to the other side of town, but you are worried that the perpetrator might see you there. You want to go for a night out or to support your football team, but you are worried about what they might do or how you might react if they are there too, so you do not. They are the one who was convicted, but you still feel like the prisoner. They received the sentence, but you are being punished. It happens too often, and I have come across cases like these not just as an MP but in my time as a barrister.

This is a Bill whose time has come, because it turns that injustice on its head. Currently, some offenders can be excluded from certain limited areas, but under this Bill, they can be restricted from all areas apart from a limited one. Whether it is the pub, the match or driving around, expanding community punishments and licensing conditions will ensure that it is the offenders who face restrictions on what they can do and enjoy, not the victims.

I do not need to tell my constituents in Derby North about the situation inherited from the Conservatives—a broken justice system, prisons full and in crisis, severe criminal court backlogs and decaying infrastructure—because too many of them live the reality of having to deal with the thousands of antisocial behaviour incidents that we see in our city every year. There is a need to tackle prolific and persistent offenders with strict monitoring and co-ordinated support. The expansion of intensive supervision courts is designed to do just that, and it is hugely welcomed by those I have spoken to who work in our criminal courts. They have said to me, “Roll this out as fast as possible.”

The additional £700 million that this Government are investing in our Probation Service—with the recruitment of 1,000 trainee probation officers already and 1,300 more to be recruited in the next six months—is rebuilding that service. We are rebuilding after the Conservative Government’s vandalism, their failed experiment in privatising probation, which pushed it to crisis, and their having to bring it back into public hands. Probation officers work incredibly hard to keep our communities safe, and I am grateful that this Government are investing in their essential work.

May I also take this opportunity to thank those who work in our prisons? The number of prisoners will, of course, still go up. The Government are building more prison places—something that the previous Government all but failed to do—and more offenders will be behind bars than ever before under this Government. We therefore need to turn prisons from creating better criminals to creating better citizens. The earned progression model rewards good behaviour and punishes bad behaviour in our prisons. It is an important tool to break the cycles of offending that we have seen for far too long, and when offenders stop offending, our communities are safer.

The Minister of State for Prisons, Probation and Reducing Reoffending—a businessman who throughout his career enabled offenders to turn their lives around and to break those cycles—knows better than anyone how to make this work. I recently visited HMP Ranby to see how it is increasing the type of work that the prisoners there undertake, from creating furniture and doing laundry for prisons and other public services, saving taxpayers’ money, to working on reading and writing, or undertaking work for the private sector, giving offenders the skills to secure work on release. Utilising and increasing the opportunities for offenders to work in prison can build on the important measures in the Bill, reducing reoffending by giving them purpose and skills, while instilling a work routine. I will make that case in an Adjournment debate on 15 October.

I am grateful for the opportunity to highlight these three aspects of the approach: the intensive supervision to tackle antisocial behaviour and prolific offending; measures to help end the revolving door of offending; and new restriction zones and community punishments to give freedom back to victims. The Bill was born of necessity, because of the mess in which the Conservatives left our prisons and criminal courts. While born of necessity, though, I am excited about the transformative difference that the Bill will make, so that fewer offenders reoffend, victims are where they must be—the focus of our criminal justice system—and our communities are safer as a result.

Sentencing Bill

Catherine Atkinson Excerpts

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

[Esther McVey]

My right hon. Friend makes his point clear. The Minister was listening, and I hope that he will answer that question in his remarks.

People cannot seriously think it is acceptable for those who commit offences involving firearms or ammunition, or even those who commit terror-related offences, to be eligible for a suspended sentence, but as things stand, those offences would be covered by the Bill. My new clauses 51 and 53 would amend that ludicrous position, and new clause 52 would exclude burglars. We do not see nearly enough burglars in court, because of a lack of detection of their crimes, so the ones we do see in court should routinely go to prison, not be spared jail, as they would be under these measures.

New clauses 43 and 45 would mean that those assaulting our dedicated police officers or emergency workers would not be eligible for suspended sentences; they are eligible for them under this Bill, and that is an absolute disgrace. When the Government were in opposition, they made a huge noise about how those who assault emergency workers, police officers and prison officers should be sent to prison. For example, the hon. Member for Rhondda and Ogmore (Chris Bryant) introduced a private Member’s Bill that became the Assaults on Emergency Workers (Offences) Act 2018, under which the maximum prison sentence for assault on an emergency worker was increased from six months to 1 year.

Part of the problem is that all too often people do not feel that there will be justice at the end of the process. When in opposition, the right hon. Member for Sheffield Heeley (Louise Haigh) said:

“the attitude…sadly exists across the criminal justice system…that being punched or kicked is somehow to be expected and accepted....we will never accept that people should be assaulted while they are doing their job and we will do everything in our power to protect them.”—[Official Report, 20 October 2017; Vol. 629, c. 1150.]

The hon. Member for Bedford (Mohammad Yasin) said:

“We must put legislation in place to guarantee that a tough line will be taken on anyone who assaults an emergency worker.”—[Official Report, 27 April 2018; Vol. 639, c. 1172.]

That is what Government Members said when they were in opposition, but they are ensuring the exact opposite now; these offenders will be let out on a suspended sentence. I cannot believe that Government Members would not join me in voting for new clause 43. I would like to test the will and the temperature of the House on that matter, and I will not back down on that.

The presumption in the Bill against immediate custody will also apply to those committing a host of other nasty, violent and sexual crimes, all of whom will be eligible for these get-out-of-jail-free suspended sentences, if they are sentenced to 12 months or less for their crimes. New clause 50 would mean that offences with a mandatory minimum sentence would not be included in the Bill; that would alleviate the damage in some cases.

New clause 54 would exclude from mandatory suspension sentences that can be appealed for being unduly lenient. The unduly lenient sentence scheme covers sexual offences; stalking; putting someone in fear of violence, serious harm or distress; controlling or coercive behaviour in an intimate or family relationship; and inflicting grievous bodily harm or unlawful wounding, among other offences. It would be nonsense for crimes included among the most serious under the scheme to be dealt with by way of a suspended sentence, instead of immediate custody. How would the measures in the Bill work on appeal? Would all sentences be overturned as being unduly lenient, or would the new law trump that scheme? My new clause would inject a bit of common sense and avoid all these questions.

My other amendments mainly concern the past of the offender. It is bad enough that a first-time offender who has committed a serious crime will avoid prison, but it is outrageous that under the Bill, serial offenders will be rewarded for reoffending. New clause 46 would mean that any offender who has committed three or more offences in the preceding 12 months would not be eligible for a mandatory suspended sentence, and new clause 47 would stop them from qualifying if they had committed 10 or more offences previously. People are committing multiple offences, yet the Government are letting them off with a suspended sentence.

[Catherine Atkinson (Derby North) (Lab)]

Eighty per cent of offenders are reoffenders because of the 14 years of mess that this Government are having to clear up. The real travesty of justice is that there are no prison cells available for people who are convicted. The last Government failed to build the prison places that are needed; this Government will ensure that they exist, because they will always be needed. It is as though the Conservatives left the tap running and are whining about the flood that they let happen.

[Esther McVey]

I am glad that the hon. Lady raised that point. When I was brought back into the Cabinet Office, people in the left-leaning civil service, in the Ministry of Justice, said, “Let’s let people out of prison. It’s running too hot.” Thankfully, I stood firm and said no, and so did the Conservative Government, unlike this Government, who have let thousands of people out of prison and are destined to do so again. I am afraid that this is ideological. Labour Members do not think that more people should go to prison; they think that those people should be in the community. That is ideological, and certainly not logical. It does not support law and order in this country, and it is a slap in the face for victims.

[Catherine Atkinson]

On that point, will the right hon. Lady give way?

[Esther McVey]

I will not.

New clauses 48 and 49 would mean that offenders would not be eligible for a mandatory suspended sentence if they had previously been given a suspended sentence or an immediate prison sentence for the same offence. If an offender commits a burglary now and goes to prison for it, and is convicted of committing another burglary after the measures in the Bill come into force, it would be ludicrous if, instead of being given a longer prison sentence—most people would think that was fair—they were given a suspended sentence; however, the courts would not have any other choice, in many circumstances.

New clause 55 would exclude criminals who had previously breached suspended sentences on three or more occasions from qualifying for a suspended sentence. It could be argued that those who have breached a suspended sentence once should not qualify. I completely agree, but I have decided that it should be “three strikes and you’re out”. People cannot keep committing offences and keep getting suspended sentences.

Another strong case for “three strikes and you’re out” is covered by new clause 61, which covers offenders who are convicted of committing the same crime three or more times. Someone who commits the same crime three or more times will now get only a suspended sentence. These people should be getting appropriate prison sentences, not a guarantee of no prison sentence at all.

New clause 59 lists

“poor compliance with court orders”

as a reason not to suspend a sentence. If a court can see that a criminal has not complied in the past with non-custodial alternatives and is therefore highly likely to breach a suspended sentence, it should have the option of imposing immediate custody on the offender. In fact, that is already what current and past sentencing guidelines say about considering an optional suspended sentence, never mind a mandatory one, which criminals will have if this Bill is brought into being. Under new clause 60, offenders being sentenced in court for three or more offences at once could not expect a presumption in favour of a suspended sentence.

All the examples I have given come from judges and lawyers. These are not possibilities, or scenarios that I have dreamt up; they are happening now. These people should go to prison—and they would have done, but the Government are letting everybody out. That is why I say that we will be dismantling law and order in this country if this Bill goes through. There is nothing to stop magistrates and judges handing out suspended sentences if they think that they are appropriate, but these amendments would not force them to hand them out when they are clearly not appropriate. That is what the Government are doing. They are tying the hands of the justice system.

The Government have already made amendments to earlier legislation after presumably realising that they had missed something. I hope that, on reflection, and having heard about some of the disasters that are about to befall the country as a result of this legislation, they will do likewise today. My new clause 56 is very similar to Government amendments 2 and 4, for example, which will exclude those who are already subject to a suspended sentence. They have seen one loophole, but the Bill is like a colander of loopholes, and I hope that they will see a few more.

The Government have not ensured that the Bill will not apply to those on licence. My new clause 57 says that those who have been released early from prison on licence should not be eligible for a presumption in favour of a suspended prison sentence if they offend again; really, they should be locked up.