Sentencing Bill

Kieran Mullan Excerpts

Tuesday 20th January 2026 Commons Chamber

[Jake Richards]

My hon. Friend, a member of the Justice Committee, always makes thoughtful contributions on justice issues, but in particular on IPP. A balance must be struck between public safety and ensuring rehabilitation. The Government think that the Bill has gone some way to doing that, but there is always room for further review and assessment as we proceed, and Lord Timpson, who is leading on this piece of work for the Government, will continue to engage with the Justice Committee on the issue.

I am very grateful for the improvements that have been made to the Bill during its passage in the House of Lords. I hope, particularly given the undertakings that I have given on the provision of sentencing transcripts, that all parties will be able to support the Government’s amendments in lieu of Lords amendment 7. They represent a major step forward for transparency and for victims.

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

There is no doubt that our justice system faces significant challenges. I have always acknowledged that, and during recent debates on a wide range of issues, from sentencing to prison capacity to probation to jury trials, there has been cross-party acknowledgement that for decades, under a number of Governments of different colours, not enough investment or political priority has been given to our justice system. That, however, should not and must not serve as an excuse for this Government to make changes to our justice system that damage it and fail to address the challenges before us. There are alterations that elements of the Ministry of Justice have always wanted to make. We should not let them use the excuse of the current challenges to finally slip them through the net. That is what we see happening in the Bill, in relation to the proposals on jury trials and, even more clearly, in relation to measures that are to the detriment of victims.

I welcome elements of this Bill, and I will discuss some examples. The Minister mentioned the restriction zones and the domestic abuse markers, but these measures are overwhelmingly outweighed by the fact that at the heart of the Bill is a catastrophic blow to victims’ search for justice: it will let thousands of rapists, paedophiles and serious violent offenders out of prison earlier. The Minister mentioned the independent sentencing review; I remind Members that it gave absolutely no consideration whatsoever to what victims and the public think of the proposals on sentencing. The report is an insult to victims and their families, as many have told me directly.

During the Commons stages of the Bill, every party other than Labour joined the Conservatives in voting against these dangerous proposals, including the Liberal Democrats. In fact, a number of Labour MPs bravely abstained. It should be a matter of deep shame for Liberal Democrat Members that they have since joined Labour in voting to let rapists, paedophiles and serious violent offenders out of prison earlier, especially as they have previously articulated why this is wrong. It is a complete betrayal of victims of serious crime and their families.

This is likely to be my final opportunity to say that I am confident that Labour MPs will come to regret these elements of the Bill, and will find it difficult to explain themselves when victims see perpetrators of crimes such as rape, child sex offences and child grooming leave prison—sometimes having served only a third of their sentence—because of MPs’ support for these measures. I will do whatever I can to ensure that victims know who made those choices, although so many alternatives were available to them. However, I have to accept that this Government’s majority, with the help of the Liberal Democrats, has for now ended the campaign against this change, so we should consider the Lords amendments that are before the House today.

As I know that the public greatly value constructive cross-party working, I will begin with an important issue on which we were able to secure Government support. Lords amendment 1 would ensure that when a police officer, prison officer or probation officer, including a former officer, is murdered because of their service, a whole life order is the starting point for sentencing. This proposal originated from the Opposition, and I am grateful to the Government for accepting the principle, following my meetings and campaigning with Paula and Neil Scott, whose son Lenny, a former prison officer, was murdered because he refused a bribe from an inmate.

Parliament has long been clear that those putting themselves in direct danger by confronting and standing up to the most dangerous people in our society should have the greatest possible protection from our law: a whole life order. We had previously legislated to that effect through the introduction of a mandatory whole life order for those who murder police and prison officers who are undertaking their duties, but the case of Lenny Scott highlighted a gap in the law. Lenny was brutally murdered, years after his service as a prison officer, in revenge for handing in a phone that he found in a prison cell search. He had moved into a new phase of his life, and was enjoying work, the gym, and time with his children and the rest of his family, but he was shot in a car park late at night, simply for doing his job. Lenny’s mum told me that she knew something was wrong when Lenny did not come home that evening. She even went out in the middle of the night to look for him, only to have the police arrive at her door at 1 am with the devastating news.

It has been a true privilege to work with Paula, and with Lenny’s dad, Neil. I extend my sincere thanks to Lord Timpson in the other place, and to the Minister, for taking the time to meet them both, and for agreeing to work with them further to see what else we might do to improve protections for our prison officers. I am sure that the Minister will agree that it was clear from the meeting what decent, moral people they are, which explains the sort of person that Lenny was. I am also very grateful to Lord Timpson for bringing fresh thinking to this area by including probation officers in the measure. They too must work closely with dangerous, violent offenders, and sometimes stand up to them to protect the public. They face the same dangers, so they should get the same protections.

Although our wider focus must always be on preventing crime and protecting the public, it is right that clear gaps in the law should be addressed when they arise. The Opposition therefore support Lords amendment 1 in lieu of our amendment, and I know that Lenny’s parents, family and friends have been delighted to see its progress in the House. In my time working with victims on campaigns, I have learned the pitfalls of naming a law after an individual case—there are always others who might warrant the remembrance of their experiences in the naming of a law—but Lenny’s family have every right to call this measure “Lenny’s Law”.

I will now consider amendments that attempt to deliver much-needed reform, but which are simply insufficient. Lords amendments 2 to 5 all concern the relationship between the Lord Chancellor and the Sentencing Council. Between them, they provide guidelines for specific scenarios in which the Lord Chancellor does not approve the Sentencing Council’s business plan; conditions for withdrawing consent to the Sentencing Council’s issuing of sentencing guidelines; and conditions for withholding consent to a request from the Sentencing Council to issue allocation guidelines, if it is necessary withhold that consent in order to maintain public confidence in the criminal justice system. We saw in the debacle of two-tier sentencing just how far the Sentencing Council has strayed, and these measures will not fundamentally correct that. The official Opposition have made it clear—I will restate it—that our firm policy position is that we would abolish the Sentencing Council, restore power to elected Ministers who are directly accountable to the public, and give Parliament a role when it comes to sentencing guidelines.

The functions of the Sentencing Council in delivering consistency through sentencing are well recognised, and it is not our intention to do away with the functions that will be restored to the Lord Chancellor’s Office, but we believe it is for the Justice Secretary to be responsible for our sentencing guidelines, not a group of unelected individuals with no direct accountability to the public and limited accountability of any kind. Consultation with the public is not the same as accountability to the public, and we are clear that Parliament should have the power to act. Therefore, while these amendments are not a point of contention in the Bill’s progress and we will not divide the House on them, I raise them to point out that they would not be part of a Bill introduced by a Conservative Government, as we would abolish the Sentencing Council entirely and fully restore accountability.

--- Later in debate ---

[Amanda Martin (Portsmouth North) (Lab)]

This Bill delivers the long-term, joined-up, sustainable reform that our criminal justice system desperately needs. I will comment on amendments 1 to 7 and 14, which will strengthen the Bill. We inherited a system on the brink, with prisons close to running out of places, courts paralysed by backlogs, police forced to operate with one hand tied behind their backs, trust broken and fear raised—a breakdown of law and order that left communities such as mine in Portsmouth paying the price.

In Portsmouth and across the country, the justice system is struggling under the weight of an unprecedented backlog. Crown courts in England and Wales now have between 77,000 and 78,000 outstanding cases waiting to be heard. Ten of thousands are open for a year or more, and some defendants are waiting for up to four years before trial dates are even available. Those delays mean that victims in my city and beyond are denied timely justice, eroding confidence in our courts. The Sentencing Bill and wider reforms are a crucial step towards tackling the backlogs, speeding up justice and ensuring that offences are addressed without further delay.

The Conservatives talk tough on crime, but their record tells a very different story. They increased sentencing lengths without building the capacity to support them, and in 14 years added just 500 prison places. When the system finally broke, they released tens of thousands—[Interruption.] They released 10,000 offenders early, largely in secret, shattering public confidence in justice. This Government are working hard to fix their mess. We believe in prisons. Many offenders must go there and some for a very long time. We have already opened 2,500 places and we are on track for achieving 4,000 by 2031—the biggest expansion since Victorian times.

We also have to be honest about the challenge. We cannot just build our way out of a Tory prison crisis. We owe it to the British public to reduce crime and the number of victims. That is why the Bill reforms sentencing, so that punishments can cut crime and rehabilitation can help reduce crime and the number of victims. That includes tough, credible and visible punishments in our community. Offenders will be closely monitored through tagging, restrictions on where they can go, and strict conditions that curb their freedom. Courts will be able to impose no-go zones, banning offenders from entering specific areas such as town centres, retail zones, building sites or industrial estates where they have previously offended. Those are not soft options. They are enforceable restrictions backed by modern technology with real consequences if they are breached. This approach is vital for crimes that devastate working people.

I would particularly like to mention the horrendous, life-changing crime of tool theft. In Portsmouth and across the country, tradespeople have told me this story time and time again. When tools are stolen, it is not just about the property they lose; it is about income lost, jobs cancelled, damage to reputation and families pushed into financial stress overnight. In some cases, it has led to our tradespeople taking their own lives. I have campaigned relentlessly on this issue, working closely with tradespeople, industry bodies, police, insurers and retailers. Together, we made the case that tool theft must be treated as a serious and repeated crime. As a result of that work, the Bill and these amendments will deliver real change for victims. Repeat tool offenders will now face tougher sentences in court and in our communities.

[Dr Mullan]

Does the hon. Lady accept that, as a result of the Bill, the vast majority of those offenders will only have to serve a third of their sentence, instead of half?

[Amanda Martin]

We are clearing up the mess left by the Tories. People are still waiting for their day in court. It is not okay for a crime to be committed and for there not even to be a sentence for four or five years. If the shadow Minister would like to intervene again, I will give way.

[Dr Mullan]

Would any single one of the tool theft victims the hon. Lady is taking about agree that those offenders should serve only a third of their sentence?

[Amanda Martin]

They will be serving longer than under the Conservatives, who did not care about tradespeople or construction crime. Repeat tool theft offenders will now face tougher sentencing because of a Labour Government, including tagging on release, strict movement restrictions, robust unpaid work and no-go areas that stop them returning to the places where they targeted working people. This is about disrupting criminal behaviour, protecting livelihoods and showing that Labour is the only party that stands squarely with those who work hard and play by the rules.

--- Later in debate ---

[Jess Brown-Fuller]

I thank my hon. Friend for reminding us that the heart of this amendment are victims and their ability to understand what has come in the sentencing remarks. So much happens in a court trial, whether it means reliving past trauma or confronting a perpetrator, and listening to proceedings can feel like a foreign language for many. Others, who choose not to attend the sentencing hearing, have no knowledge of what was said. That is why having consistent free access to transcripts is vital. It provides an opportunity to process the events of court proceedings afterwards or to read them for the first time. For many, this can provide closure and an opportunity to move on, but it is also the route for appealing a sentence if they believe it to have been unduly lenient.

Providing victims with court transcripts free of charge would markedly improve experiences for victims and survivors, but I do have some questions regarding the Government’s amendment in lieu. Could the Minister provide some clarity as to whether the term “victim” is applied as per the definition used by the victims code and whether, in the case that a victim is unable to personally request sentencing remarks—such as victims without capacity or victims who are children—immediate family members of victims are included within the provision?

[Dr Mullan]

Since I cannot ask the Minister myself, I might ask the hon. Lady if she agrees that we also need clarity on whether deceased victims’ family members will have a right to transcripts?

[Jess Brown-Fuller]

The victims code lays out that if a victim is deceased, the immediate family—parents or siblings—would be included. That is why I asked that question of the Minister.

Subsection (3)(c) of the amendment in lieu allows the Secretary of State to provide exceptions to the requirement to provide a transcript of sentencing remarks. What sort of exceptions do the Government anticipate, and as per subsection (3)(d), what sort of information may be omitted from a transcript? If the Secretary of State does not plan to use sweeping powers to except or omit, why are such provisions included in the amendment? The previous Government ran a very limited pilot of free court transcripts. Will this Government publish a detailed review of that pilot?

We believe that this provision could and should go much further, and as per the campaign by my hon. Friend the Member for Richmond Park and Baroness Brinton in the other place, we have tabled an amendment to the Victims and Courts Bill that would mean that all transcripts are provided free of charge, including judicial summaries and bail decisions.

The Lady Chief Justice recently spoke to the Justice Committee about a pilot with HM Courts and Tribunals Service on the use of AI for transcripts, especially in the asylum and immigration courts. She described it as a “great success”, so I would be keen to understand if the Government will work with the Liberal Democrats to progress this work. We do appreciate the growing cross-party support on this issue and the work of all in the other place to achieve this important first step today.

We also welcome the Government committing to a statutory annual report into the state of prison capacity and, importantly, the Probation Service. This is an important mechanism for oversight that will improve long-term assessments of the health of our justice system. We were very happy to see the Government accept our amendment to remove clause 35 from the Bill, which did nothing to address the crisis in our justice system and was totally at odds with the Rehabilitation of Offenders Act 1974. We welcome the amendments tabled by the Government to strengthen protections in relation to the Lord Chancellor’s approval of sentencing guidelines.

We have been supportive of many of the provisions in the Bill aimed at addressing some of the key failings in our crumbling justice system. Our courts, prisons and the Probation Service are all at breaking point, and without urgent intervention they are at risk of failing completely. The Bill offered an opportunity to ease some of the pressures our system faces, where currently the needs of victims, offenders and the system more widely are too often ignored. We also need to ensure that our prison system is one of rehabilitation—one that ends the cycle of reoffending and reduces long-term pressures. All of the Liberal Democrats’ work on this Bill has been in that vein, in order to get the legislation into a better place to achieve those aims.

To conclude, we realise the mess that our justice system finds itself in. We have always aimed to work collaboratively and productively in a cross-party way to ensure that we can begin to turn the tide on this crisis, and we will continue to do so. We need a sustainable solution, which includes cutting reoffending, tackling the court backlog to reduce the number of people in prison on remand, and properly resourcing our Probation Service, which will no doubt feel the impact of this legislation most acutely. The Bill contains a number of proposals that Lib Dems have campaigned for as part of the wider package of reform, but it still could go much further to ensure that it is fit for purpose to protect victims and safeguard our justice system for the future.

--- Later in debate ---

[Jake Richards]

Today is a pivotal day. Subject to agreement from this House and from the other place, the Bill will complete all its stages and shortly become law. I want to take this opportunity to thank my predecessor, my hon. Friend the Member for Scunthorpe (Sir Nicholas Dakin). Although I was the Minister to take the Bill through the House, his painstaking work in developing the policy was fundamental and he deserves great credit.

I thank my hon. Friend the Member for Portsmouth North (Amanda Martin); at every opportunity, including this debate, she rightly raises her campaign to clamp down on tool theft and she is a fine champion for her constituents. I also thank my hon. Friend the Member for Doncaster Central (Sally Jameson). She brings huge experience to debates on these issues. We are taking measures to give prison staff further protections, but I am happy to speak with her about what more the Government can do.

We have aired the debate on the Sentencing Council before. The Conservative position was developed by the former shadow Justice Secretary, the right hon. Member for Newark (Robert Jenrick).

[Dr Mullan]

It was a team effort.

[Jake Richards]

The hon. Member says, “It was a team effort.” I am not sure about that. The Conservatives’ position is an example of real constitutional vandalism. It has never been the case that this Bill would threaten the independence of the judiciary. Our amendments, and the proposal set out in this legislation, ensure that there is a democratic lock around sentencing and that there is a role for this place, but that the Sentencing Council remains independent. That is absolutely the right thing to do.

I welcome the degree of consensus on transcripts. The Conservative position on this amendment, at the back end of last week and then early this week, seems to have changed a few times. Our amendment in lieu strikes the right balance. If anyone could seek a free transcript of sentencing remarks, we might be in the position where our court staff, who have a big job in getting a grip of the backlog, spend all their time issuing transcripts.

Let me turn to the issues raised by the Liberal Democrat spokesperson, the hon. Member for Chichester (Jess Brown-Fuller). We have to look into the question of what happens with transcripts when victims are either children, deceased or where there is a lack of capacity. It may be that the victims code does that already for us, but we have to get it right and we will ensure we do so as the policy is developed. She mentioned her concerns about exceptions and omissions and asked me to ponder on examples when those exceptions could be engaged. Of course, this may be relevant when there are issues of national security or public safety, but one would hope that such circumstances would be extremely exceptional. It is important, though, that those provisions are in the Bill.

We believe that our amendments will allow for more openness. They are ambitious but also realistic, considering where the technology is at the moment and the pressures on our court system. Do we want to go further when we can? Absolutely. We believe in the fundamental principle of transparency and openness in our justice system, and where we can, we will.