Sentencing Bill

Debate between Julian Lewis and Robert Jenrick

2nd reading
Tuesday 16th September 2025 Commons Chamber

[Robert Jenrick]

I could not agree more with my right hon. Friend. The truth is this: most people in this country are already raging at the fact that prisoners get let out of prison early. They were sick of that happening under the last Government, and what are this Government doing in response? They are letting out more, and they are asking them to serve even shorter sentences. That is not justice. That is not what the people of this country want.

[Sir Julian Lewis (New Forest East) (Con)]

I was struck by the example that my right hon. Friend gave of someone who committed a vicious assault getting only 12 months, and now getting no months and no prison time at all. Of course, it could work the other way round: it could be that when a judge is forced to confront the fact that if he gives a sentence of only 12 months for a vicious attack the prisoner will walk free, he will feel that he must make the sentence somewhat longer—in which case the Government’s plan to free up a prison space will not even work, will it?

[Robert Jenrick]

My right hon. Friend may well be right. A number of the policies introduced by this Government have had the most extraordinary unintended consequences. The Secretary of State said earlier that a number of people have been recalled. That is because of the failure of the Government’s policy; it is because they let people out on early release when they should not have been let out. Who knows what the unintended consequences of these policies are? But let me ask one thing of every Member of this House: think what you would say to the victim of Daniel Tweed. Should that man be walking the streets of this country, or should he be in jail? I know what I would say. I know what we believe on this side of the House.

Ministers defend this policy by saying that short sentences are counterproductive, noting that 62% of offenders who served under 12 months reoffended within a year, but here’s a thing: 100% of criminals left on the streets have the opportunity to reoffend immediately. It is cold comfort to the victim of burglary that a man who ransacked her home gets a stern talking to, unpaid work or, worse, “prison outside prison”—that ludicrous and empty slogan put out by the Justice Secretary’s predecessor—rather than even a few months behind bars. Short sentences exist for a reason. Sometimes a short sharp shock is exactly what is needed to change behaviour, and sometimes a short sentence is the only thing standing between a dangerous individual and his or her next victim. The approach in this Bill is totally naive.

The Government celebrate their new earned-release progression model as the centrepiece of the Bill—a Texas-inspired scheme, we are told. Well, this could not be further from Texas if the Justice Secretary tried. Texas’s incarceration rate is triple that of England. Who exactly will benefit from the right hon. Gentleman’s new scheme? Burglars, rapists, paedophiles, and those convicted of domestic abuse-related offences such as battery, stalking, and coercive and controlling behaviour. Disgracefully, all such prisoners who supposedly behave themselves will be released after serving just a third of their sentence—yes, one third. They have to behave themselves, not be rehabilitated, as the Secretary of State suggested. They do not have to come out with some skill, course or restorative justice; they must just not be a thug while they are in jail. Is that all we are asking for now?

Only the so-called most dangerous offenders are excluded. Forgive me if I am not reassured. If a violent domestic abuser, who was given, say, nine years, can stroll out of prison in three years because he attended a few workshops and kept his nose clean on the inside, how exactly does that protect the public, how does that protect the victim and how is that justice? The Conservative Government had moved to toughen sentences for serious crimes, requiring many violent and sexual offenders to serve two thirds of their term before release precisely to stop such tragedies. Now the Justice Secretary seeks to reverse that vital progress and water it down again to half. Hard-working, law-abiding citizens are being told that their safety hinges on a criminal’s good behaviour after conviction, rather than the severity of the crime itself. Public safety should depend on what criminals did to their victims and whether they remain a threat to the public, not on whether they earn gold stars on a prison conduct chart.

To sugar-coat the largest reduction in sentences in the history of our country, the Government promise intensive supervision of offenders in the community. Even that assumes that our Probation Service, which the Secretary of State was right to say is stretched to breaking point, has the capacity to monitor the beeping lights on all these new tracking devices. At Justice questions, he himself said that the contract was not working, yet we are now going to place even more reliance on tags—tags for goodness’ sake—but is that justice? Who exactly will watch the offenders? We are told that probation officers are already swamped and that, struggling with huge caseloads and staff shortages, they are at 104% capacity. Now, every petty thief, burglar and drug dealer who would have spent a few months in prison will instead be out in the community with a mere tag between them and their potential victim. Is the Justice Secretary seriously suggesting that this will stop a violent offender abusing their partner? If he is, he should explain that to the House.

What of the expanded menu of community restrictions of which Ministers are so proud? The Bill gives courts the powers to ban offenders from certain activities and places—bars, pubs, sporting events—and the press release issued to the media gleefully talked about criminals being barred from football matches and pubs as a way to curtail their freedom. However, do any Labour MPs here truly believe that these bans will strike fear into the hearts of hardened offenders? Don’t be ridiculous! A career burglar or repeat shoplifter will not quiver at the thought of being forbidden from entering the Dog & Duck—ridiculous!

I turn to some of the less trumpeted parts of the Bill—the changes to parole and the oversight of the Sentencing Council. These are technical on the surface, but they reveal much about the Government’s priorities. First, on parole, in a little-noticed clause—clause 38—the Bill repeals the power that would have allowed the Secretary of State to require certain parole board cases to have particular members, such as ex-police officers, on the panel. That power was designed by the last Government to ensure that, for the most serious and high-stakes release decisions, there was a law enforcement perspective in the room, with someone who has seen the worst of what offenders can do. Now the Justice Secretary has just scrapped it entirely before it even came into force. So when a convicted murderer or rapist comes up for parole, they will no longer be guaranteed that there is a voice of law enforcement or a victims’ champion at the hearing. Removing that safeguard tilts the balance further in favour of the prisoner’s release.

Secondly, on the Sentencing Council, the Labour Government’s Sentencing Bill lifts its central idea from a Bill we previously put before the House, which they voted down but now support, having wasted Parliament’s time with an interim Act. Yet after all that, they water it down. They propose to force the Sentencing Council, which drafts judges’ guidelines, to get approval from the Lord Chancellor and the Lord or Lady Chief Justice for new guidelines and to submit an annual plan for ministerial sign-off. That is political oversight in principle—something Labour voted against when we proposed a stronger version—but in practice it is too little, too late. Only after I raised this issue on the Floor of the House did Ministers scramble to block those outrageous guidelines at the eleventh hour. Even the former Justice Secretary had to admit that such “differential treatment is unacceptable”. But remember, if Labour had listened to us sooner, this entire debacle would have been avoided.

The Sentencing Council is a creature of the last Labour Government—a quango deliberately insulated from democratic accountability. We warned that an unchecked council would go rogue and it did. Sure enough, it tried to rewrite sentencing by stealth and almost succeeded. Labour’s belated tweak, requiring ministerial sign-off on guidelines, adopts our position that the council needs democratic oversight, but it barely scratches the surface. The truth is that the council is a totally flawed structure. When Labour set it up in 2009, they made it answerable to nobody. As a result, an unelected body nearly smuggled in identity-based sentencing.

If the Justice Secretary really opposes identity-based sentencing, let us look at what is in the pipeline. Will he use this power on the forthcoming immigration guidelines, signed off by the previous Labour Lord Chancellor, which will deny Parliament’s clear will that immigration offenders should be locked up and subject to automatic deportation? Will he scrap those guidelines? They are in his in-tray. He is taking the power to do so. It is on him.

Despite this being a new role for the right hon. Gentleman, I am sorry to say that the Justice Secretary cannot feign ignorance on this approach. It was his 2017 review that fixated on statistical disparities in the justice system. His answer was not to enforce the law impartially; it was to impose outcomes by quota. His review’s guiding principle was “explain or reform”, effectively demanding that if an institution cannot explain a disparity in minority outcomes, it must change its practices until the numbers look equal. In theory, that sounds like holding the system to account. In reality, it invites social engineering and double standards.

The right hon. Gentleman openly champions equity over equality. In plainer terms, that means believing in bias by design—a justice system that explicitly favours some groups in order to tweak the statistics. We just saw the consequences of that thinking. The Sentencing Council’s two-tier guidelines were a textbook application of the Justice Secretary’s long-held belief: a two-tier system where justice is not blind, as it must be, but rather squints at your skin colour, your gender, your faith or your age before deciding how to punish you. On the Conservative Benches, we will always believe in the universal principle of equality before the law, not equity. That is the difference.

Turning to the matter of foreign criminals, for all the right hon. Gentleman’s remarks, as of 30 June this year there were 10,772 foreign nationals in our prisons—12% of the total. That is up on last year.