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

Nicholas Dakin Excerpts

Monday 30th June 2025 General Committees

[The Parliamentary Under-Secretary of State for Justice (Sir Nicholas Dakin)]

I beg to move,

That the Committee has considered the draft Criminal Justice Act 2003 (Suitability for Fixed Term Recall) Order 2025.

It is a pleasure to see you in the Chair, Ms McVey. The Government inherited a prison system on the brink of collapse. The last Government added just 500 net places to our prison estate, while at the same time sentence lengths rose. As a result, the prison population is now rising by 3,000 each year and outstripping supply. When we took office, we were left with no option but to introduce a temporary change to the law that allows prisoners serving an eligible standard determinate sentence to be released on licence after serving 40%, rather than 50%, of their sentence in custody. That enabled the end of the dysfunctional and unmanageable end-of-custody supervised licence scheme, but we knew that it was just a first step.

Since taking office, this Government have delivered almost 2,500 prison places, and in the most recent spending review, we committed a further £4.7 billion to open 14,000 more by 2031. That will be the largest prison expansion since the Victorian era. That longer-term investment is necessary but not sufficient in itself to avoid the capacity issues that have faced the criminal justice system for so many years. In May, the Lord Chancellor announced that the adult male prison estate in England and Wales was projected to run out of places in November of this year, and that, alongside our long-term building strategy in sentencing reform, urgent measures to change the use of recall would be needed to ensure that we do not run out of cells, and so avoid a breakdown of law and order.

Last October, we commissioned the independent sentencing review, led by the former Lord Chancellor David Gauke, to find sustainable policy solutions and ensure that no future Government are ever again in a position where there are more prisoners than prison places, and are forced to rely on emergency relief. That is not an acceptable position for any Government to find themselves in. The review suggests that recalls should be rare and that, as a last resort, we should replace standard and short-term recalls for those on standard determinate sentences with a 56-day fixed-term recall. The Government have in principle accepted that recommendation, which requires primary legislation to be implemented. A Bill will soon be introduced to implement many of the review’s recommendations.

While the sentencing review offers us our path to ending the capacity crisis in our prisons for good, it will take time to take effect. The impact of the sentencing reforms will not be felt before next spring, so we remain in a critical position until then. This Government are not prepared to stand by while we run out prison places. That is what the Conservatives did, and we will not make the same mistake. That is why we are taking targeted action on recall, which remains a significant driver of prison demand. The recall population has more than doubled since 2018, from 6,000 to 13,000 prisoners in March of this year, without a corresponding growth in offender rates. With more people in prison and supervised in the community serving longer sentences, recall rates are naturally higher.

When recalled, offenders serving standard determinate sentences can currently receive either a standard or a fixed-term recall. The length of fixed-term recall is set out in primary legislation, and it is set at 28 days if the sentence is 12 months or more, or 14 days if the sentence is under 12 months. It remains the case that the Probation Service will undertake an individualised risk assessment before any offender is released under this measure, regardless of the offence they commit, which includes the risk of physical, emotional, psychological or sexual harm, to inform their risk management plan and licence conditions.

Offenders face recall to prison if they breach licence conditions, such as tagging, curfew, protective orders or exclusion zones or if their risk escalates. Those not suitable for a fixed-term recall may currently receive a standard recall, under which they remain in custody until the end of their sentence, unless re-released earlier by the Secretary of State or Parole Board. Our latest data shows at least 48% of all recalls are fixed-term rather than standard.

The draft order will mandate the use of fixed-term recall in specified circumstances. It will apply to adult offenders serving standard determinate sentences of less than 48 months. I want to be clear: we are excluding from this policy offenders who pose a higher risk to others. That means the measure will not apply to offenders who are convicted of terrorist or national security offences, pose a terrorist risk, are managed under the multi-agency public protection arrangements levels 2 or 3—which includes certain violent and sexual offenders—are recalled in connection with being charged with an offence, or are under 18 at the point of recall. Those offenders can continue to receive a standard-term recall, with release subject to Parole Board or Secretary of State decision.

In all other applicable cases, a fixed-term recall must now be imposed. That would mean the provision of around an additional 1,400 prison spaces, thereby allowing us to avoid a critical capacity crisis in November, and the serious risk to the public that that would bring, until the new measures from the independent sentencing review come into force.

I know that concerns have been raised by Members of this House and important bodies such as the Victims’ and Domestic Abuse Commissioners about the potential impact of this measure on victims—particularly survivors of domestic abuse—and public safety. I assure the House that those serious concerns have been at the forefront of our considerations. The worst possible outcome for victims of crime is if we run out of prison spaces, as predicted for November. That would mean new dangerous offenders would not be able to be locked up, as the police would have to halt their arrest. This policy is designed to prevent that happening. The exclusions we have established are purposefully designed to capture those assessed as posing a higher risk, thereby ensuring that those individuals can remain subject to standard recall procedures.

Let me be clear: victims are central to the Government’s work. We are determined to support victims now and reduce reoffending so there are fewer victims in future. Current or potential risk to victims is always considered as part of release planning. Probation will impose appropriate licence conditions, such as tagging, curfews and exclusion zones. Any offender who breaches those conditions, or whose risk is considered elevated, can once again be recalled to custody. Victims who have opted into the victim contact scheme will still be notified and retain their statutory right to make representations in relation to the licence conditions imposed. For those not eligible for that scheme, established public protection practices remain, and police may still issue disclosures where there is imminent risk. Measures in the Victims and Courts Bill will enhance victims’ access to information about an offender’s release, strengthening confidence in the system.

If further information is received following a recall that the offender has been charged with an offence, or they are a terrorist, pose a terrorist risk or would be managed at MAPPA levels 2 or 3 on release, they may be detained for longer on a standard recall at the discretion of the public protection team at His Majesty’s Prison and Probation Service. Their re-release would then be determined by the Parole Board or the Secretary of State.

I assure the House that we do not take this decision lightly and we have made every effort to ensure that it is appropriately targeted, proportionate and mitigated. The extent of the draft instrument and its territorial application is for England and Wales. An impact assessment has been prepared and published for the draft instrument. It concludes that there will be an increase in demand for various services, including probation, community accommodation and electronic monitoring services. We have been working closely with partners nationally and regionally to ensure the impacts of the measure on services are well understood and manageable, and to ensure that they are sufficiently resourced to respond to the immediate and longer term. However, it also concludes that by taking action we avoid the catastrophic consequences of doing nothing. We avoid a situation where trials would halt, arrests would be deferred and police forces strained.

I recognise that there are concerns about how an increase in the number of offenders being managed in the community will impact probation services. The Government inherited a Probation Service on its knees, and from day one, we have been hard at work getting a grip on the crisis.

It is vital that the Probation Service is properly equipped and resourced to deliver this change effectively. We are already making progress to rebuild the capacity of the Probation Service. We are committed to recruiting 1,300 trainee probation officers in 2025-26 to help meet additional demand, having exceeded our ambition to recruit 1,000 trainees in 2024-25. We are also reducing the administrative burden on probation officers by investing an initial £8 million in pilots of new technology. That will allow probation officers to focus more of their time on higher-risk offenders, for whom closer supervision is needed to reduce the risk they pose.

The Government have committed up to £700 million of additional funding to probation services by the final year of the spending review period, which is a funding increase of around 45%. That will mean thousands more tags, more staff and more accommodation to ensure that offenders are supervised and supported more closely in the community. Probation capacity will continue to be closely monitored as the new measures are introduced across the service. The Ministry of Justice carefully considers any policy changes with operational colleagues and workforce modelling teams. A transformation programme is also under way that aims to ease workload demands and to streamline processes for probation staff.

The draft order is necessary to avoid an imminent capacity crisis. It will free up enough prison places in as safe as possible a way to ensure the criminal justice system can continue to operate effectively until the implementation of longer-term reforms.

--- Later in debate ---

[Sir Nicholas Dakin]

I thank both speakers for their contributions to the debate. First, let me pick up on the points made by the Liberal Democrat spokesman, the hon. Member for Eastbourne, who was right to say that the criminal justice system crashed under the previous Government’s watch. That was our inheritance.

The hon. Member was also right to raise his concerns about the response being appropriate and safe. I can assure him that, given the alternatives we face, this will be a safe and appropriate way of proceeding. It is worth reminding ourselves that the recall population was 6,000 in 2018 and is now 13,600; it has grown exponentially. There is a need to create space in prisons in a safe and secure way so that we can lock up the dangerous people who need to be locked up. That is why we are taking this measure now, and it will be carefully and appropriately managed.

Where there are any issues of risk from individuals, they can be recalled at that point, and it is for the Probation Service to identify that. There are proper and sound bases in place to tackle the issue, but I thank the hon. Member for his constructive approach to this issue and for recognising that it is a challenge. It is a challenge that this Government are determined to meet in a safe and proper way that ensures that we can continue to lock dangerous people up.

That brings me to the speech made by the Opposition spokesperson, the hon. Member for Bexhill and Battle. As always, it was interesting and challenging, but it suggests that there is no recognition of his party’s contribution to the difficulties we find ourselves in. In essence, we have to take the hard decisions that the previous Government failed to take. If we take prisons as an example, 500 prison places were added in 14 years, compared with the 24,000 places added in the 13 years of the previous Labour Government. Already, more than 2,000 have been added in the first year of this Government.

We do not take lectures from the party opposite lightly; however, the hon. Member’s challenge is perfectly reasonable and proper. In the May of their last year in government, the previous Government brought in their parallel measure for the fixed-term recall for sentences of up to 12 months to create space in prisons. That is what we are being forced to do now, in a managed, proper and safe way.

[Dr Mullan]

I have one question for the Minister about the most important impact of the policy, and about the people who the Parole Board would otherwise say cannot be released in order to go home. What proportion of them will potentially be affected by this policy and will be let out?

[Sir Nicholas Dakin]

I do not think that information is—[Interruption.] The reality is that the Parole Board has so much to do that people have to wait a long time to get their parole hearing. That is one of the reasons why the prison system is essentially running out of spaces, and we inherited that from the hon. Member’s Government. We are having to roll up our sleeves and deal with the problem, whereas his Government just abrogated their responsibility. If they had taken the necessary actions, we would not be in the situation that we are now in. Frankly, it would be far better if we did not have to take these actions, but we do, in order to keep public protection in place, to keep people safe, and to be able to lock dangerous people up.

Question put.