Sentencing Bill

Kieran Mullan Excerpts

Report stage
Wednesday 29th October 2025 Commons Chamber

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I call the shadow Minister.

[Dr Kieran Mullan (Bexhill and Battle) (Con)]

I rise to speak in support of new clause 19, and other new clauses tabled in my name and those of Opposition Members. I thank my hon. Friend the Member for Mid Leicestershire (Mr Bedford) for opening the debate. He has drawn attention to an important issue, and something I often ponder. I am aware that many powers are available to tackle the involvement of parents in offending, but I never get the sense that they are working as well as we would want them to. My hon. Friend’s new clause would help us to get to the bottom of that.

It is a privilege to take part in this debate on behalf of His Majesty’s Opposition, and to have a further opportunity to do what I can to make clear to Labour Members the enormous negative impact on victims that the Bill will have. The Bill will fundamentally change how we deliver justice for victims of serious violent and sexual crimes in this country. The official Opposition tabled amendments and new clauses in Committee, but we did not get to undertake line-by-line scrutiny in a proper Bill Committee. I suspect that that is because the Government know that the reality of the Bill is so damning that they fear an outright rebellion of their MPs if they cannot continue the pretence about what it does and does not do. Nevertheless, we attempted to provide a limited and more acceptable reform of the early release measures to exclude sexual and serious violence offenders. Labour MPs rejected that, and we are now left only with a new clause to remove those measures entirely.

Why do we persist? Because the consequences if we do not are dire. The Government have said time and again that no person who has committed what they describe as the “most serious” offences would be released earlier, but we know that to be completely false. The change in automatic release rules applies to all standard determinate sentences, and to every person who is on one.

I reiterate that the independent Library briefing note confirms that these releases will be automatic. More than 60% of offenders sentenced to prison for rape receive standard determinate sentences, as do more than 90% of those convicted of child grooming offences. Around half of individuals imprisoned for attempted murder are also given standard determinate sentences. Each year, hundreds of people convicted of child rape or sexual assault, including offences involving victims aged under 13, serve those types of sentences. In total, more than 6,000 offenders are sent to prison annually for serious violent sexual offences, and they will get out of prison earlier under the Bill.

I do not know in how many ways I can explain that to Members to overcome the briefing that it is not true, which is happening outside the Chamber. I have no choice but to take Members through the numbers. I have in front of me the sentencing data for those convicted of the rape of a female aged 16 or over. In total, 590 men on average are sent to prison for that offence every year. One hundred and ninety-seven of them would be excluded from the early release measures because they were given extended determinate sentences or life sentences, but 393 would not. That is 393 rapists—the vast majority—being sent to prison every year who will be let out of prison earlier. That is without including those guilty of the rape of children, many of whom will also be let out of prison earlier.

Many Members have spoken about terrible cases of causing death by dangerous driving. Glenn and Becky Youens from Justice for Victims campaign in memory of their daughter, Violet-Grace, who was killed at four years old by a drug dealer going at 80 mph in a 30 mph zone. The drug dealer fled the scene then returned, stepping over her as she lay injured on the pavement, to get to their drugs. Are we seriously going to tell people such as Glenn and Becky that those perpetrators can get out of prison earlier in future? Because that is what will happen. Every year, 169 offenders on average are sent to prison for causing death by dangerous driving. Some 163 of them are given a standard determinate sentence and will get out of jail earlier as a result of the Bill, and some of them will serve only a third of their sentence.

I have pages of examples. Out of 228 offenders sent to prison every year for sexual grooming, 211 serve standard determinate sentences, and under the Bill, 196 will serve only a third of their sentence. Out of 475 people sent to prison every year for stalking, 458 serve standard determinate sentences, and under the Bill, 427 will serve only a third of their sentence. Out of 576 offenders sent to prison every year for the offence of sexual activity involving a child under 16, 502 will get out of prison earlier because of the Bill, and 269 of them will serve only a third of their sentence.

This morning, the Home Secretary said that she was glad that the “vile child sex offender”, as she described him, Hadush Kebatu, is off our streets. She is right to welcome that. Kebatu was convicted of sexual assault offences against women and girls. What do the measures proposed by the former Justice Secretary, who is now Home Secretary, mean in relation to other vile child sex offenders who have been sent to prison for the same offences? I can tell the House that under the Bill, two thirds of the offenders sent to prison for similar sexual assault offences will have to serve only a third of their sentence. The Government celebrate removing those offenders from the streets, while at the same time legislating to put them back on the streets.

It is shameful that Labour Members, with their majority, voted against our amendments and new clauses to remove the early release measures in specific circumstances. Our new clause to remove the measures entirely remains before the House, even if we will not get the opportunity to vote on it today.

New clause 19 seeks to address a clear gap in the law that I believe the majority of Members across the House would agree must be closed. At present, our sentencing framework requires that a whole life order be imposed on anyone convicted of murdering a police or prison officer while that officer is carrying out their duties. That provision acts as both a deterrent and a guarantee of justice for those who risk their lives in confronting dangerous offenders, yet a recent court case has created a precedent that that measure will not be applied if the prison or police officer is not actively on duty at the time of their murder.

I want to describe to the House the disturbing events surrounding the murder of former prison officer Lenny Scott, who was killed by a violent offender he had once supervised. Mr Scott was working as a prison officer at HMP Altcourse in Liverpool. In 2020, Elias Morgan offered him a bribe to keep it to himself that a phone had been found in Morgan’s cell. The vast majority of prison officers do an excellent job and follow the rules, but the House will be aware of examples of corruption in our prison service. Mr Scott could have taken that bribe—he almost certainly knew that Morgan was capable of violent offences and was involved in organised crime—and forgotten his duties and responsibilities, but he did not. He refused the bribe. He was then subjected to death threats by Morgan.

It is a matter of public record that Mr Scott’s time as a prison officer was not unblemished, but when it comes to the question of courage, sheer guts and bravery, refusing to be cowed by a violent thug, and refusing to take the easy way out, Mr Scott was an exemplar, not just to prison officers but to all of us. But Morgan made good on his threats, waiting for years, until 2024, to murder Mr Scott in cold blood. It was a carefully planned murder. Lancashire police found evidence that the month before the murder, Morgan was scoping out locations linked to Mr Scott. He drove close to Mr Scott’s home in Prescot in Merseyside, a gym in the Speke area of Liverpool where Mr Scott sometimes trained, and a gym on Peel Road in Skelmersdale, where the shooting would later take place. Morgan gunned down Mr Scott as he was leaving the gym, shooting him six times. Mr Scott did not stand a chance.

In 2013, the then Home Secretary, Theresa May—the former Prime Minister and right hon. Member for Maidenhead—announced that we would change the law so that the murder of a police officer or a prison officer would result in a whole life order. Speaking at the time in relation to police officers, she said:

“We ask police officers to keep us safe by confronting and stopping violent criminals for us. We ask you to take the risks so that we don’t have to…We are clear: life should mean life for anyone convicted of murdering a police officer.”

As prison officers carry out similar duties, the measures rightly included them.

However, the sentencing for Mr Scott’s murder has made it clear that the courts have not understood the will of Parliament, because Morgan was not given a whole life order. He was given a life sentence with a minimum tariff. It is true to say that his sentenceis longer than most, at 45 years, but Morgan was 35 when he was convicted, so it is not inconceivable that he could get out one day. I do not believe that Parliament intended for criminals like him to ever get out. I was shocked at that outcome; it had not occurred to me that the measure would not apply. I was very familiar with the measure in relation to police officers, following my own time as a volunteer police officer, so my initial reaction was to believe that it must not have been applied to prison officers, and I raised that in the House.

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[The Parliamentary Under-Secretary of State for Justice (Jake Richards)]

indicated assent.

[Dr Mullan]

I note that the Minister is nodding.

We can ensure that criminals know that the fullest possible consequences of the law will follow if they murder a police or prison officer simply because they were doing their job.

New clause 20 seeks to establish notification and offender management requirements for those convicted of child cruelty offences, in effect creating a system similar to the sex offenders register for individuals who have abused and neglected children. I want to be clear why this matters. Every one of us in this House knows that behind the legal language of child cruelty or abuse lie some of the most distressing and life-altering crimes imaginable—crimes in which a child, utterly dependent and vulnerable, gets the worst instead of the best, often from those who are supposed to love and care for them.

This measure will not fix everything—sadly, that is not the world we live in—but before us there is a clear and proven step we can take towards improving how we protect our children. At present, if somebody is convicted of a sexual offence against a child, they are rightly placed on the sex offenders register. They are required to keep the police informed of their whereabouts, their identity and any change to their circumstances, including whether they live with children.

The requirement sits separately from probation requirements. If a person is convicted of an offence to which the requirements apply and receives a prison sentence of 13 months or more, the notification requirements are indefinite. That allows the police service, along with other agencies, better to assess and manage risk and ultimately to protect children and others from harm. If a person is convicted of horrific physical abuse, of neglect, or of causing a child’s death through sustained cruelty, there is no equivalent requirement. Once their sentence and probation is over, they can disappear into the community with no requirement to report where they live, no oversight by those who might need to protect other children, and no legal mechanism for ongoing management. That is a clear gap in our child protection system, and new clause 20 would correct it.

A person convicted of any of the listed child cruelty or violence offences, including causing or allowing the death of a child or vulnerable adult, child cruelty or neglect, infanticide, exposing children whereby life is endangered, and female genital mutilation, would be required to notify the police of their details within three days of conviction or release. They would have to confirm where they live, any other addresses they use and any names that they go by. They would have to keep that information up to date and confirm it annually, just as child sex offenders already do.

Importantly, that information could be shared between the police and other agencies that work to safeguard children. That would give local law enforcement the information it needs to identify the risk that individuals could pose to the local community and to intervene with any precautionary measures early to protect children before harm could come. It would offer greater protection to the public by ensuring that those who have committed abuse and cruelty to children are treated in the same manner as those who have committed sexual abuse.

Let me say a few words about the reason why we are considering this measure and about an extraordinary lady called Paula Hudgell. Paula Hudgell’s name has been spoken before in this House. She is the adoptive mother of 11-year-old Tony Hudgell, who had both legs amputated after abuse by his birth parents. She has previously campaigned successfully for tougher sentences to be available for child abuse offences, for which she was awarded an OBE. When Paula adopted Tony, the criminals responsible for what happened to him—his birth parents—were not even going to be prosecuted. Paula told me that if anyone had done to her birth children what they had done to Tony, she would have done everything that she could to pursue justice, and that Tony was no different, even though he was adopted. That is exactly what she did for him, and in the end his birth parents were convicted. The maximum sentence they received appalled Paula, and her first campaign began, to change that maximum to a life sentence.

However, during the course of her campaigning and from getting to see the parole system and what it can do to monitor people after they have served their sentence, Paula got an incredible insight into the system’s flaws and what needed to change. Discussing it with a police officer, Becki Taft—I also pay tribute to her—who Paula got to know during the course of the prosecution, they both recognised the glaring omission that we are seeking to remedy today, so Paula acted. She is continuing to act despite facing enormous challenges in her personal circumstances, as she is undergoing treatment for cancer that can no longer be cured. Paula said:

“I’ve been battling cancer, but as long as I have fire in my belly, I’ll keep fighting to protect children by pushing for this register. That’s what keeps me going—knowing that Tony’s legacy can help save other young lives.”

She is an incredible woman who I am honoured to have gotten to know, and her MP, the shadow Solicitor General, my hon. Friend the Member for Maidstone and Malling (Helen Grant), has done so much to help Paula turn her campaign into words on a page—into legislation we can pass. She is someone I am pleased to be able to call a friend.

I sincerely thank the Justice Secretary for taking a direct interest in this issue, and I am sure that the Minister will also want to closely consider it. I want to ensure that the strength of feeling among Conservative Members and others is reflected in the Lobby tonight. It may be that the Government are not ready to support this measure this evening. Labour MPs may feel that that is reasonable at this stage, but I would welcome a commitment from the Dispatch Box that will enable me to conclude that we can agree to work cross-party in the other place to get this done.

I look forward to the rest of the debate, and to considering amendments tabled by other Members. I hope I have been able to clearly explain our proposals, which relate to prison and police officer whole life orders and the child cruelty register. However, whatever else this Bill achieves and whatever else we might reasonably disagree on, at the heart of the Bill is the biggest step backwards in securing justice for the victims of serious crime in a generation. For it to pass unamended would represent a betrayal of victims. I do not believe that Labour Members want that, and it is not too late. I am confident that the Lords will not let this Bill pass unamended, so at some point, Labour MPs will again be able to decide to say no to the Prime Minister and his plan.

MPs always have choices, and this Government spend £1 trillion a year on various services. Whatever the positive and honourable intentions Labour Members have when it comes to securing justice for victims, and whatever positive measures they suggest, they will be disastrously undone if they do not work collaboratively to make clear that they will not support measures that will let thousands of serious violent and sexual offenders out of prison earlier.

[Linsey Farnsworth (Amber Valley) (Lab)]

My new clause 36 seeks to implement a key recommendation of David Gauke’s independent sentencing review, on which the measures in this Bill are based. The new clause proposes that release at one third of a sentence should be conditional on positive actions and purposeful activity, such as attending education classes, engaging in voluntary work and participating in drug rehabilitation.

My amendment seeks to address the prison capacity crisis by embedding an emphasis on rehabilitation into the earned progression model from its very first stage. Incentivising purposeful activity will do two things. First, it will actively reward better behaviour within prison, leading to fewer instances of additional adjudication days being added.

--- Later in debate ---

[Steve Barclay (North East Cambridgeshire) (Con)]

The Bill illustrates a wider theme that we see across a number of debates in the House, which is the gap between the Government’s words and how they vote. Indeed, that is illustrated by a number of the new clauses that colleagues on the Opposition Benches have already spoken to.

New clause 14, tabled by my hon. Friend the Member for Mid Leicestershire (Mr Bedford), highlights the inconsistency within the Labour manifesto that sets out a commitment to give 16 and 17-year-olds the right to vote, but then says that even if they commit an offence so serious that it warrants a custodial sentence of four or more years, that person is too young to be named. I asked the House of Commons Library to clarify that. A custodial sentence of four or more years is not given out lightly by the courts, particularly not to those of that age, and it said that this would involve serious sexual offences, murder, or armed robbery. We see tweets from Members of Parliament when a boy or girl is stabbed to death, but Labour Members are not willing to vote to name those who commit such offences. It is wrong to deny victims transparency when such serious offences have taken place, but it is bizarre to do so when also saying that those same people are old enough to vote at that age.

Such inconsistency is not limited to new clause 14, so let me take a second example of new clause 18, which was tabled by my hon. Friend the Member for Bexhill and Battle (Dr Mullan). Many people now look at the Labour manifesto and say, “Well, what it said on energy bills isn’t what they have done; what it said on council tax isn’t what they have done; and what it said to farmers is certainly not what they have done.” With the Budget coming soon, I think that we will shortly see that what Labour said on tax is not what this Government are about to do. And yet the front page of that Labour manifesto had a single word on it: “Change.” I do not think that most voters realised that what Labour meant was change from the manifesto itself, as opposed to change in terms of policy—

[Dr Mullan]

Or for the worse!

[Steve Barclay]

Indeed, change for the worse.

It is bizarre that when serious offences take place, quite often it is the judiciary who get the blame. Perhaps I have an unfashionable view in that I think that we have a very high-quality judiciary, but it is easy for people to look at sentences and then quickly leap to criticise the judiciary, saying that it is their fault that sentencing is wrong. Indeed, there are such cases—the shadow Justice Secretary, my right hon. Friend the Member for Newark (Robert Jenrick), has highlighted some concerning conflicts of interest of some within the judiciary—but it is far more common that issues arise because the judiciary are operating within the tramlines imposed by sentencing guidelines.

I remember a constituency case where someone was killed by dangerous driving. It highlighted the fact that while this House had increased the sentencing for such crimes, the sentencing guidelines set so many obstacles to getting a maximum sentence that, in practice, hardly anyone ever reached the tariff that the House had intended. Key decisions on issues of public policy should not be outsourced to quangos, meaning—as my constituency neighbour, my right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes), highlighted—the public often do not have any idea who is making the decisions.

I come back to the Labour manifesto. It promised change, but when it comes to the sentencing guidelines, it will be the same people, applying the same approach; that is anything but change. If the manifesto is to deliver change, it is right that democratic oversight is imposed and that this House and Ministers take more responsibility.

[Dr Mullan]

I do not think that it said anywhere in the Labour manifesto that a Labour Government would cut prison time for serious sexual and violent offenders. Does my right hon. Friend agree that that is the case?

[Steve Barclay]

Indeed.

The new clauses under debate highlight a wider principle that is driving much of the public frustration with the democratic process: the sense of people voting and then seeing decisions that they do not feel were on the ballot paper. My right hon. Friend the Member for South Holland and The Deepings was right that this is not just an issue with this Government; the Government in which I served were guilty of this. Too many decisions were outsourced to quangos. There are lessons to be learned from that, as today’s debate has highlighted well.

Let me turn to two new clauses on which the House will divide. New clause 19 applies to something that unites the House: the horror at the murder of a police officer or prison officer. This is particularly pertinent to me, as I have the privilege of representing a constituency that contains a maximum security prison, HMP Whitemoor, where the safety of prison officers is paramount. The new clause is also important because we all benefit from the safeguarding provided by the police—in my case, Cambridgeshire police. What message do Ministers think is being sent not just to police and prison officers, but to their families, if they decide to vote against new clause 19? It is not enough just to tweet after events to say how sorry they are. The Government have an opportunity to vote to do something, and we will see in the Lobby how they vote.

Finally, I turn new clause 20. I do not think that I was alone in being deeply moved by the remarks of my hon. Friend the Member for Maidstone and Malling (Helen Grant). It is most effective when Members across the House, regardless of which party they are in, speak from their own deep professional expertise about issues that transcend party politics. Anyone hearing about Tony’s case cannot help but feel revulsion, horror and shame about the offence committed, and my hon. Friend spoke with such passion to highlight it.

As a former Minister who has sat where the Minister now sits, let me say that I hope he reflects on the case put forward in new clause 20. I do not believe that any Members want to see loopholes exploited—to see people move around the country to evade accountability and the tracking of any future offences. When someone speaks with the sort of professional expertise with which my hon. Friend the Member for Maidstone and Malling spoke, to raise very practical concerns, it is important that Ministers take those concerns on board.

The concern raised through new clause 20 is shared across the House. There is a defective element in this Bill, and Members have an opportunity to address it. The expectation is that there will be a vote on new clause 20. It is not about people’s words, but how they vote, that will determine the response. I hope that Members across the House will respond to new clause 20, bearing in mind the case of Tony, which was highlighted to the House, and that they will do the right thing.

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[Jake Richards]

In that regard, the most important part of the Bill is the domestic abuse identifier. It has been worked on, on a cross-party basis, with outside organisations that are campaigning for it. It is an innovative and important step to ensure that these cases—it is a broadbrush so that different offences can all be covered by the one term—can be tracked through the criminal justice system and out to safeguarding agencies to ensure that women are kept safe from their abusers.

[Dr Mullan]

I note the interest of the hon. Member for Derby North (Catherine Atkinson) in domestic abuse and other offences. Will the Minister confirm for her that the vast majority of offenders convicted of offences related to domestic abuse will get out of prison much earlier as a result of this Bill?

[Jake Richards]

Again, as the shadow Minister knows, for each offence the judge will have full discretion over the sentence. When I have spoken to victims of domestic abuse—I have worked with and represented victims of domestic abuse in court—what they feared most was that, when the prison system was on the verge of collapse, some of the most serious offenders would never face prison at all.

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[Jake Richards]

The judge on any given case, where there has been an awful offence such as that, will have the power under this legislation to send that person to prison. That is absolutely right and that has not changed at all.

I will turn to new clause 19, with which I have huge sympathy. The hon. Member for Bexhill and Battle gave me the opportunity to meet Lenny Scott’s mother, and I will take him up on that. I am happy to do so and I look forward to it. As he knows, the Law Commission is undertaking a review of homicide law, and it would be wrong to pre-empt that, although I am sympathetic to the motivation behind the new clause. As he noted, that awful offender was convicted to life imprisonment with a minimum of 45 years. I understand the mischief that the hon. Member is trying to tackle with the new clause, but we will await the Law Commission’s review of homicide law.

[Dr Mullan]

The Minister is perfectly capable of legislating on this issue and letting the homicide work continue. He says that that would be “wrong”, but it is not wrong—it is just his choice, and it is the wrong choice.

[Jake Richards]

As I say, I am not going to pre-empt the Law Commission’s review of homicide law, but I am sympathetic to the new clause. I look forward to meeting the victim’s family and we will be taking steps in due course.

I will turn to the earned progression model and new clause 36, which was tabled by my hon. Friend the Member for Amber Valley (Linsey Farnsworth) and spoken to passionately by my hon. Friend the Member for Hyndburn (Sarah Smith). I met my hon. Friend the Member for Amber Valley and understand the motivation behind the new clause. There is appetite within Government to go further and to offer positive functionality to the earned progression model, but primary legislation is probably not the appropriate mechanism for delivering a stronger system of incentivising rehabilitation in prisons.

I will briefly explain the current framework as set out in legislation. Bad behaviour, such as acts of violence or possession of a mobile phone, can mean more time in custody. We are making that tougher. To ensure that there is more bite and discipline within our prisons, we are doubling the maximum punishment from 42 days to 84 days per incident by secondary legislation. There will be no automatic release for badly behaved offenders. I accept that I and Lord Timpson should look at the current incentives policy framework to see how we can further incentivise engagement with self-improvement services, whether in work or education.

We expect prisoners to work in prison and, where they have educational needs, to engage in classes that support reading, literacy, maths and vocational skills. That is why we are building partnerships with employers and looking to increase the amount of time that prisoners work in industry to increase employment skills. As I said to my hon. Friend the Member for Amber Valley in our meeting, I look forward to working with her and others to look at how we can expand and improve that framework to ensure that the earned progression model is as effective as possible.

[Dr Mullan]

Does the Minister accept that he is legislating to let those people out automatically? He expects Labour Members to accept the promise that later, at some point, he might introduce legislation so that some of those people—a small proportion—do not get out, but whatever he says at the Dispatch Box, he is legislating to let them out automatically. That is the consequence of this legislation.

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[Dr Mullan]

With the leave of the House, I will finish by explaining again that whatever good this Bill may do, the consequences for victims and their families’ sense of justice in this country are grave—the very same victims who want to see prosecution rates improve, who want to see court waiting times reduced, and who want to have a criminal justice system that works better for them in so many ways, but who never agreed to a swap. Victims of crime will welcome the changes and improvements that the Labour party says it can deliver, but they should not have to accept that something is taken away just because something else is given.

I say to Back Benchers that the Government can agree spending settlements and come up with plans, but they cannot create the changes in legislation that are needed for this Bill; Back Benchers do that. When the Government need MPs to change legislation, they can say no, such as the Labour Back Benchers who recently said no to welfare reform.

I remind Members what this Bill will do. This Bill will mean that more than 80% of paedophiles who are sent to prison will get out earlier. This Bill will mean that more than 60% of rapists who are sent to prison will get out earlier. It will mean that, in total, more than 6,000 serious violent and sexual offenders will get out of prison earlier.

I ask Labour Members to imagine that, in a couple of years from now, they have secured all the achievements that they want in relation to the criminal justice system. Perhaps a victim of sexual assault comes to see them—perhaps somebody who feels that their experience was improved as a result of the changes that the Government say they are going to make and who, like many victims of sexual assault, has seen their perpetrator sent to prison for three years. That victim will come and see Labour Members, and say that the perpetrator is getting out of prison after just one year—a third of their sentence.

That will be the reality for two thirds of the people sentenced to prison for sexual assault in this country, because the Bill’s measures will mean that they get out of prison after a year. What will Members say to victims? Will they say what they say to me: “It was the Tories,” “I didn’t know,” or “We had no choice”? How hollow will those words sound to victims and their families? Whatever this Bill might do, the price that victims will pay is simply too high—much too high. The Government have no right to tell victims and their families that they must accept a trade-off: if they want things to improve in one direction, they must accept a betrayal in another.

I ask Labour Members to reflect again on the figures I have given them. They are the correct figures and they are the facts, no matter what those on the Government Front Bench have muttered as I have been speaking. I ask Labour Members to force this Government to make different choices. Do not support this betrayal of victims. [Interruption.] Hon. Members can mutter. It will come back to haunt every single one of you when victims ask you, “Why did you vote for something that lets thousands of serious violent and sexual offenders out of prison earlier?”

Question put, That the Bill be now read the Third time.