Sentencing Bill

Linsey Farnsworth Excerpts

2nd reading
Tuesday 16th September 2025 Commons Chamber

[Gideon Amos (Taunton and Wellington) (LD)]

We need more prisons and prison places, but I find the Conservative case absolutely incoherent. They talk about being tough on crime, but they closed police stations, closed courts, cut the number of police officers and completely failed to deliver the number of prison places that they speak about—talking tough without delivering the goods. Frankly, that does not work and the country has had enough of it. We need to move on.

I recognise, however, that courts need to make greater use of community sentences. Courts need to be agile, and they need tools that deal harshly with persistent offending. Community sentences can do that. Defaulting to prison every time, almost fetishising prison, cares nothing about the victims of petty criminals who are sent to prison for short stays, where they learn more about crime than they had ever learnt in their whole lives, and then come out and reoffend. We heard no concern from Conservative Members about the victims of reoffending. Why not? It is not convenient for their argument that prison is always the answer. Community sentences, demonstrating that people are paying back to their community and society, can be a tough sentence and the right sentence.

[Linsey Farnsworth (Amber Valley) (Lab)]

Does the hon. Member agree that requiring an offender to look at the root causes of their offending is far from the easy option? Facing up to those life difficulties is very hard, but it is a really effective way of stopping the cycle of offending.

[Gideon Amos]

The hon. Lady makes a compelling point about the depths to which that kind of sentencing can go. The lack of concern from Conservative Members about reoffending after short-term prison stays is surprising, to say the least.

Coming down hard on crime means we need to bring back proper community policing, quicker justice that halves the time between the offence and the sentence, and better and tougher supervision of community sentences, as set out in our Lib Dem manifesto. My hon. Friend the Member for Eastbourne (Josh Babarinde) referred to our position on the Bill, which I wholeheartedly support, and he does a tremendous job.

In my Taunton and Wellington constituency, I am working with local businesses and the police to try to stamp out shops that are trading illegally. Time and again, police and trading standards raid premises and find counterfeit cigarettes or unlicensed alcohol, with evidence of sales to under-age youngsters. However, I have spoken to the police about this, and they find that the only person they can put before the courts is the individual behind the counter—a fall guy for the shadowy layers of owners who lie behind the business. Conniving and cowardly fraudsters are basically employing and putting behind the counter vulnerable people who often have little grasp of the law and the regulations that apply.

All criminal behaviour deserves to be punished, but sentencing the fall guy for up to 10 years in prison, as provided for in the Trade Marks Act 1994, does not effectively deal with the menace of dangerous goods being sold to our children. The convicted man or woman often deserves less blame than their employers, while those employers—the shadowy bosses—simply open a new business under a new name in the same shop and carry on trading illegally, with a different fall guy behind the counter.

Back in 2008, research in the British Medical Journal found that

“Smuggled tobacco kills four times more people than all illicit drugs combined”.

In 2018, the Mesothelioma Center reported on a study of counterfeit cigarettes imported into Australia from China which showed alarming results:

“Each cigarette is packed with up to 80 percent more nicotine and emits 130 percent more carbon monoxide. Worse still, many contain other impurities such as rat poison, traces of lead, dead flies, human and animal feces and asbestos.”

It is a menace that we have to deal with.

Why should those who are trading honestly—like my constituents who run shops, pubs and businesses, sustaining town centres and communities across Taunton and Wellington—and paying their taxes be forced to compete with criminal enterprises, for which it takes months and months to obtain a closure order under the current legal process? Is it not time to change the law to “one strike and you’re out” when it comes to shops trading in illegal substances? Why must it take months for such orders to be granted? Why can we not empower the police officers in my constituency, who are as frustrated as I am, to close down premises overnight? I hope that the Secretary of State will meet me to discuss that aspect of the legislation—I will explain that to him afterwards, if I have the chance, because I am not quite sure that he caught it. Being tough on this kind of crime should mean being swift with the punishment. That would put a stop to the behaviour immediately, and rightly send a shiver down the spine of any shop owner contemplating illegal sales.

In conclusion, although better supervision is needed, tough new community sentences including tagging are welcome to deter repeat offending. That will not increase the reoffending in the way that prison often does. There is, though, a wider lesson: sentencing reform alone is not enough when the real culprits are able to hide in the shadows. We need to strengthen the powers of the police and councils not only to prosecute the individuals at the counter, but to close down the premises that police know are repeatedly flouting the law. If we do not, we risk punishing the least powerful while allowing the real fraudsters to keep raking in their gains, to keep harming our children, and to keep evading their taxes.

--- Later in debate ---

[Linsey Farnsworth (Amber Valley) (Lab)]

As a former Crown prosecutor of 21 years, like my hon. Friend the Member for Forest of Dean (Matt Bishop) and my hon. and learned Friend the Member for Folkestone and Hythe (Tony Vaughan), I have seen close up the impact of our broken criminal justice system on victims, on communities and on our country as a whole. Because of that, I can say, hand on heart, that I am proud to be stood here today in support of this Bill and the transformative reforms it proposes—changes that will target reoffending and address the root causes of crime in a meaningful, lasting way.

I will use my time to talk specifically about probation resourcing. Before I get into the specifics, I ask Members to cast their minds back to just over a year ago. The Secretary of State has already set some of this out, but, having heard from Opposition Members, I think it is worth reiterating what last year looked like and remembering the crises we inherited from the previous Government: prisons nearing maximum capacity, the Probation Service understaffed and stretched to the brink of collapse, and a court backlog of more than 73,000 cases. And to what effect? Justice delayed is justice denied. We had a revolving door of offenders going through an underfunded, under-resourced system that was nearing the point of being unable to effectively deter, punish or rehabilitate criminals.

Difficult decisions were taken to manage those issues, regain control of our prisons and ensure that the most dangerous offenders were kept off our streets. I am pleased that the Government acted quickly and decisively, but we must never find ourselves in that position again. That is why it is time to look forward and to consider how we can create a system that breaks down the cycles of reoffending, enables victims to secure swift, fair justice, and always has space to lock away society’s most violent and perverted offenders.

Those are precisely the provisions that the Bill will drive through, with measures such as the move away from short custodial sentences, which are shown to be ineffective in deterring and rehabilitating offenders, and towards a system that puts those aims at its heart. Current evidence shows that nearly 60% of people sentenced to 12 months or less in prison reoffend within a year of release—a clear sign of a system not working as it should. It is not cheap, either: it is estimated to cost the taxpayer £47,000 per year per prisoner. Those shocking statistics only confirm what I witnessed year in, year out when I worked for the Crown Prosecution Service, where I repeatedly saw the same people coming through the system, often committing the very same offences. I am old enough, Madam Deputy Speaker, that throughout my years working for the CPS, I was saddened to see those regulars later joined by their children, with entire generations of families caught up in gruelling cycles of reoffending.

The Bill introduces a presumption to suspend short custodial sentences of 12 months or less, subject to certain exceptions, and creates the pathway to improved community sentences with more effective measures.

[Jim Shannon (Strangford) (DUP)]

I commend the hon. Lady for her wisdom. There are many measures in the Bill that the DUP supports and sees as commendable, but I would respectfully say that we have some concerns about reducing the length of custody for offenders, and our concern is sufficiently grave that we, as a party, will be supporting the reasoned amendment. I am sorry to say that, but I have to put it on record. There are many things that are good, but that is not good.

[Linsey Farnsworth]

I thank the hon. Member for his intervention. I am saddened to hear that that is his position, but I am afraid it does not change my view of the Bill.

Strict and stringent measures will be in place to encourage rehabilitation. Those will be accompanied by a simplified probation requirement, which will empower the Probation Service to determine the terms and volume of rehabilitation activity for each offender on a specific and individual level. Every offence is different, and under this system tailored community orders will reflect the nature of the offence and the offender. That means putting in place measures best suited to punish offenders for their crimes, encourage rehabilitation and deter them from future criminal activity. That is supported by evidence. The rate of reoffending for those on community orders is 36%, and it is 24% for suspended sentence orders with requirements, so this approach works.

Let it be clear stated that in this system offenders are far from free to do whatever they like. They will be supervised intensively and placed under a set of strict conditions. That will lead to a shift away from the root causes of crime, such as addiction, and towards gradual reintegration into society.

Of course, these reforms must be accompanied by significant investment in our Probation Service, and I am pleased that the Government have already committed to an extra £700 million in funding and recruited 1,000 new probation officers, with 1,300 more to come. However, as I said in previous debates when the sentencing review’s recommendations were first announced, the Government must be prepared to provide further resources to the Probation Service if that becomes necessary.

I am honoured to sit on the Justice Committee. Our inquiries have involved speaking to probation officers, and two things have been made clear. First, officers are absolutely committed to rehabilitating offers. Secondly, regardless of their goodwill and no matter how hard they work, probation officers cannot do their jobs effectively without proper resources. It is clear that the Probation Service has been working for many years on extremely limited resources, and we cannot let that continue under the measures in the Bill.

As a young prosecutor in the mid-2000s, under the previous Labour Government’s Respect agenda, I worked as part of the community justice initiative in Nottingham. The initiative, which was based on the Red Hook community justice centre in Brooklyn—America’s first multi-jurisdictional community court—adopted a holistic approach to tackle the root causes of a person’s offending, with agents such as housing officers, drug treatment workers and employment advisers under one roof taking part in the sentencing process together. The approach has been shown to significantly reduce the number of people receiving jail sentences while enhancing public confidence in the Government. The award-winning centre is still running today, but sadly the Nottingham community justice court is not. Despite early and promising signs of success, it lacked resources and sustained funding. We must learn from our previous mistakes.

Many of the recommendations of the independent sentencing review are carried forward in the Bill. Importantly, the review noted specifically that probation officers

“should be provided with the time, resources and autonomy necessary to build meaningful relationships with offenders and discharge this new responsibility to determine the appropriate content of probation requirements.”

Justice, the cross-party law reform and human rights charity, has also outlined concerns about shortfalls of probation staff, including a deficit of around 10,000 Probation Service staff in August this year. The charity suggests that despite more Probation Service officers being appointed in the last year, the target staffing level of full-time equivalent probation officers has not yet been met.

As I said, I have seen at first hand what happens to great projects and well-evidenced initiatives if they are under-resourced. The Bill’s provisions rightly place increased responsibility on the Probation Service to deliver proper justice and to rehabilitate offenders, but it needs to be supported to do so. Therefore, although I welcome the Bill and the Government’s announcement of increased funding for the Probation Service and the aim to recruit more probation officers, I am compelled to urge the Minister to ensure that adequate resource is in place so that the changes in the Bill will ensure that our criminal justice system can once again keep our country safe, protect victims and reduce crime.