Sentencing Bill

Emma Lewell Excerpts

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

[Jess Brown-Fuller]

As the newly appointed Justice spokesperson for the Liberal Democrats, I would first like to acknowledge the hard work of my predecessor, my hon. Friend the Member for Eastbourne (Josh Babarinde), and his determination to make tangible changes for those that have experienced domestic abuse. I thank the Government for their constructive collaboration with him by introducing into the Bill a domestic abuse identifier at the point of sentencing. The identifier will give victims greater confidence that their abusers are being appropriately dealt with in the justice system, but it would be reassuring if the Minister confirmed that this identifier will be used to ensure that those perpetrators are excluded from any future early release schemes.

This Bill presented a fantastic opportunity to address the endemic challenges that plague our justice system. Those challenges are the result of years of mismanagement by the Conservatives, whose decisions have underpinned the record backlog of cases in the Crown court, as well as prison overcrowding and astronomically high reoffending rates, with victims consistently failed at every stage. We Liberal Democrats had hoped that this Bill would begin to shift the dial towards a justice system that truly protects victims and rehabilitates perpetrators, and there are indeed many elements that we support and that show promise. However, we remain concerned that the scope and ambition of the Bill are lacking, having had many of our amendments rejected due to the lack of financing behind the Bill.

Many of the issues blighting our justice system stem from a lack of foresight and investment, particularly in probation and prisons, as the hon. Member for Easington (Grahame Morris) mentioned. It is therefore disappointing that the Bill does not include major efforts to rectify that. As a party, we are supportive of suspending short sentences of under 12 months and have long campaigned for this measure. Not only is it a necessary step to address prison overcrowding, but it would play a vital role in reducing reoffending. While 62% of those serving custodial sentences of less than 12 months go on to reoffend, only 24% reoffend if they are given a suspended sentence. Ending the cycle of reoffending is crucial to reducing crime levels and relieving pressure on the justice system. As the Government have stated, there will be exceptions, but they are yet to clarify what those exceptions will be. Will they include violent offenders, those convicted for sexual offences against children and those who possess indecent images? It would be very helpful if the Minister laid out all the exemptions.

We have tabled a number of amendments aimed at addressing our concerns or furthering aspects of the Bill. New clause 30 aims to address imprisonment for public protection. IPP sentences were a type of indeterminate sentence used in England and Wales from 2005 to 2012 for dangerous offenders who did not qualify for a life sentence, but still posed a public risk. These sentences featured a minimum term, but no maximum, with release contingent on the Parole Board deeming the offender no longer a threat. It was during the coalition Government that we abolished IPP sentences, but many remain in prison serving these sentences long after their tariff has expired. Our new clause would commence a resentencing exercise, which has cross-party support and should be implemented as a priority. The amendment was first recommended by the Justice Committee in 2022, and I note that the Chair of the Justice Committee, the hon. Member for Hammersmith and Chiswick (Andy Slaughter), has tabled a similar measure—new clause 19.

Although we welcome the Government’s approach to community sentencing, reoffending rates are demonstrably higher among those who are unemployed. In 2023, the reoffending rate for those who were unemployed six weeks after release from prison was 36.5%, compared with 20% for those who were employed at the same point. Amendment 44 therefore calls on the Government to publish a report assessing whether the driving prohibition in the Bill could impede an individual’s ability to attend work, education or rehabilitation programmes. Can the Minister inform the House what assessment the Government have made of that? Ensuring access to those pathways is vital if we are to reduce reoffending effectively.

We are also concerned that the Bill does not go far enough to support victims of violence against women and girls. I know that this is one of the Government’s key priorities this parliamentary term, yet without collecting the data, it is an empty promise that it will be hard for the Government to show they have actually achieved. New clause 36 would continue the important campaign of my hon. Friend the Member for Eastbourne to ensure that domestic abuse is treated as an aggravating factor in sentencing, while new clause 37 would require an assessment of the introduction of mandatory rehabilitation programmes focused on violence against women and girls for those convicted of assault, battery or actual bodily harm against a woman or girl, even if domestic abuse is not included as an aggravating factor. These measures are designed to ensure that victims of domestic abuse and related offences are placed at the centre of the justice system’s work, ensuring that such crimes are met with appropriate sentences and that rehabilitation is specifically targeted at those who commit these serious offences.

In line with that approach, new clause 38 calls for screening for traumatic brain injuries among prisoners at the start of their custodial sentences. A Brainkind study last year showed that 80% of women in the criminal justice system in Wales may be suffering with a brain injury, while Government data shows that more than half of female prisoners are victims of domestic abuse. These figures identify that a significant proportion of the female prison population may have undiagnosed brain injuries resulting from domestic abuse, leaving many without the treatment they need and undermining their rehabilitation—something that is certainly reflected in their ability to engage with probation services after leaving prison. Comprehensive screening across the prison population would enable a deeper understanding of the links between trauma, offending and reoffending.

New clause 31 calls on the Secretary of State to examine the proceeds generated from the proposed income reduction orders and to consider whether they could be ringfenced to create a dedicated fund for supporting victims.

New clause 39 would allow the courts to suspend the driving licence of an individual charged with certain driving offences pending the outcome of the trial as part of their bail conditions. Many hon. Members across the House have harrowing cases in their constituencies of lives lost at the hands of a drunk driver, drug driver or someone causing death by dangerous or reckless driving, and the court backlogs mean so often that those defendants are free to continue driving after the offence has occurred, sometimes waiting for months; in some cases, with drug tests taking up to six months to be received, the driver is free to continue to drive under the influence, which is just plain wrong. I know that is felt deeply across the House.

New clause 40 would address the ridiculous doom loop we find ourselves in with prisoners on remand arriving at their sentencing hearing, being sentenced and then being sent home because the court backlogs mean they have served their sentence while being on remand and have not had access to any rehabilitative programmes, education, therapy or other support. The new clause would make rehabilitative programmes accessible for those on remand.

We are also still concerned about a number of unaddressed measures in the Bill, such as the recall provisions, which allow those recalled to be released after 56 days with no involvement from the Parole Board, essentially providing a “get out of jail free” card for reoffending. This will not give the public confidence in the system. I would also be interested in the Minister’s argument as to the purpose of provisions in the Bill to allow the Probation Service to publish names and pictures of those taking part in unpaid work.

The Bill does contain some good ideas to address some of the issues in our justice system, but it could and should have gone further, especially if it had adequate resourcing. As my hon. Friend the Member for Eastbourne stated on Second Reading, the Bill was full of hope, but falls short of both the Liberal Democrat ambition and the ambition that the Government claim to have. I look forward to hearing the Government’s response to our questions, and encourage Members across the House to support our amendments and new clauses, including new clause 30.

[Emma Lewell (South Shields) (Lab)]

I am going to make a short speech on new clause 27, tabled in my name and the name of other hon. Members.

After a short relationship, my constituent Sophie Hall has suffered and continues to suffer from a prolonged and relentless stalking campaign from her ex-partner, who was residing illegally in the UK. In November last year, he was arrested for these offences, but was never spoken to about them, as no interpreter could be found. No risk assessment was done, and he was placed in temporary accommodation on bail, which he continued to breach.

In February, Sophie’s ex-partner was convicted and sentenced under the Protection from Harassment Act 1997 and was subsequently deported to his home country of Brazil with a 10-year re-entry ban effective from March. He then made his way to Europe, travelling across several countries before ending up back in the UK. In May, he was arrested in Belfast boarding a flight to Inverness. His aim, as always, was to get to Sophie.

The Crown Prosecution Service then charged him with stalking and breaches of restraining order and immigration offences and he was remanded in custody. After review, the CPS stated that no charges could be filed for stalking under the current law because the stalking had happened outside the UK, the perpetrator is not a UK citizen or resident, and the existing law does not give the UK courts jurisdiction over stalking offences committed from abroad under these circumstances. This is the crux of new clause 27.

--- Later in debate ---

[Graham Stuart]

As we move to an ever more digital world, the capacity for people to stalk and perpetrate this kind of oppressive action on people will only grow. I just want to say how delighted I am that the hon. Lady has tabled this new clause, and I hope we will hear from the Minister that he will look at this matter carefully, because this will be a growing issue—although, as the hon. Lady has shown with Sophie, it is already horrific in its impact.

[Emma Lewell]

I thank the right hon. Gentleman for his intervention and support.

Simply put, I want no one else to go through what Sophie is going through. She has to live her life in constant fear and has been through absolute hell. I hope that the Minister will give my new clause proper consideration.

[Ben Obese-Jecty (Huntingdon) (Con)]

I wish to speak to my new clause 6, which calls for the implementation of a lifetime driving ban for those convicted of causing death by dangerous or careless driving.

Last year there were 380 convictions for causing death by dangerous or careless driving. Of those convictions, 202 were for causing death by dangerous driving, 150 were for causing death by careless or inconsiderate driving, 23 were for causing death by careless driving when under the influence of drink or drugs, two were for causing death by driving unlicensed or uninsured, and three were for causing death by driving while disqualified. Fewer than 1% of those convicted of causing death by dangerous driving were given a lifetime driving ban; the figure was just two.

Since 2017, there have been 1,348 convictions for causing death by dangerous driving, 1,314 convictions for causing death by careless or inconsiderate driving, 158 convictions for causing death by careless driving when under the influence of drink or drugs, 17 convictions for causing death by driving unlicensed or uninsured, and 11 convictions for causing death by driving while disqualified. There have been nearly 3,000 convictions for causing a death through negligence or recklessness of the driver. Those are thousands of lives lost—husbands and wives who have lost their partner, children who have lost a parent, and parents who have lost a child. Thousands more lives are impacted tragically, forever changed, shattered.