Draft Criminal Justice Act 2003 (Suitability for Fixed Term Recall) Order 2025

Josh Babarinde Excerpts

Monday 30th June 2025 General Committees

[Josh Babarinde (Eastbourne) (LD)]

It is great to serve under your chairship, Ms McVey. Liberal Democrats recognise the acute pressure on our prison system. We recognise, see and feel, as do many victims and survivors across our country, that the last Government allowed our prisons to reach breaking point. Victims and survivors are paying the price for the way in which our criminal justice system has been crashed, but the draft order is a blunt, reactive tool that could undermine justice, due process and public safety, all for the sake of short-term expediency. By imposing an almost one-size-fits-all 28-day fixed-term recall for most individuals serving determinate sentences under four years, the policy strips away vital safeguards. The Parole Board’s ability to assess individual cases is effectively bypassed and replaced by administrative convenience. That is not justice; that is bureaucracy displacing public safety. Victims, survivors and our communities at large deserve case-by-case recall processes.

The order also fails to provide adequate protection for victims, particularly survivors of domestic abuse, which the Minister knows is completely intolerable to me. Despite exemptions for some of the most serious offenders, at MAPPA levels 2 and 3, too many high-risk individuals could slip through the cracks, as has been the case under the SDS40 early release scheme, which I have highlighted time and again in the main Chamber. The Secondary Legislation Scrutiny Committee in the Lords has rightly raised the alarm that victims could be placed in serious danger, raising concerns that the re-release of some violent or sexual offenders who might slip through the net puts

“their victims at high risks of serious harm or death”.

When the Government have a very noble mission to create safer streets, surely that cannot be permitted.

We believe in a criminal justice system that rehabilitates, not one that bounces from crisis to crisis. Rehabilitation should aim to reduce reoffending, not to accelerate the release of individuals who have contravened licence conditions without due assessment. It is not just Liberal Democrats who are saying that. For example, Women’s Aid has spoken powerfully about the need to reassess the provision, as has Refuge, with which we have been working closely.

We support community-based alternatives to custody, such as investment in mental health and addiction services and a properly funded Probation Service, but not the dangerous shortcut that this draft order represents. The answer to overcrowding cannot be to cut corners on risk assessments or public protection. We cannot sacrifice justice at the altar of expediency, which is why the Liberal Democrats will oppose the draft order.