Sentencing Bill

Nusrat Ghani Excerpts

Committee of the whole House
Tuesday 21st October 2025 Commons Chamber

[Anna Dixon (Shipley) (Lab)]

My hon. Friend is making a very strong argument, drawing parallels between gambling addiction and drug and alcohol abuse. Earlier this year, as a member of the Public Accounts Committee, I questioned Government officials about the endemic use of drugs in prisons. The Carol Black report looked at this back in 2020—

[The Chairman of Ways and Means (Ms Nusrat Ghani)]

Order. How long have you been in the Chamber? Have you just walked in?

[Anna Dixon]

No, I have not just walked in. This is the third speech I have listened to.

[The Chairman]

Okay. Make sure your intervention is short.

[Anna Dixon]

A lot of drug users are repeat offenders, as my hon. Friend was saying about those with a gambling addiction. Does she agree that a shift to community provision might enable people to get the rehabilitation they need for their addiction, whether it be drugs, alcohol or gambling?

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[Luke Taylor (Sutton and Cheam) (LD)]

indicated dissent.

[The Chairman of Ways and Means (Ms Nusrat Ghani)]

I can see that the hon. Gentleman in question is shaking his head, so I assume that no swearing has actually taken place. Can he confirm that?

[Luke Taylor]

indicated assent.

[The Chairman]

Sarah Pochin, will you please continue?

[Sarah Pochin]

We proposed an amendment to remove clause 20 all together. The clause proposes to reduce the time served of a custodial sentence from a half to a third in order to free up prison capacity. This means that dangerous criminals who have been locked up for some of the worst possible offences, including paedophiles, could be let back into the community after serving only a third of their sentence behind bars. Only the most serious offenders, including those convicted of rape, will serve half their sentences in jail, reduced from two thirds. [Interruption.]

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[Sarah Pochin]

No, I will make some progress; I have given way a lot.

Let me move on and make a point of clarification with respect to clauses 26, 27 and 28, which are on recall. The current system allows for fixed-term recall of 14 days for custodial sentences of less than 12 months and 28 days for custodial sentences of one to four years. Standard recall offenders serve the rest of their sentence. Can the Minister confirm that this Bill introduces FTR and SR of 56 days for all custodial sentences of less than four years, with the exception of terrorists, such that offenders who have committed serious crimes including assault, robbery and possession of knives or other offensive weapons could be out again in two months? That is not protecting the public. However, I welcome the fact that the presumption of 56 days’ recall does not apply for domestic violence offenders who have breached their licence conditions and gone on to reoffend.

Clause 42 is about foreign criminals. I propose to replace the clause and to move new clause 25, which would apply an automatic deportation order to foreign criminals sentenced to at least six months’ imprisonment or a six-month community sentence. The Secretary of State wrote to Members of Parliament claiming that he had strengthened the ability of the Government to deport foreign criminals. He said in a letter that it will be the duty of the Home Secretary to deport foreign offenders who receive at least a 12-month custodial sentence, yet in the same letter he stated that

“this is subject to several exceptions, including where to do so would be a breach of a person’s ECHR rights or the UK’s obligations under the Refugee Convention.”

In other words, nothing will change and no one will get deported.

Finally, new clause 26 would make an addition to the Bill referred to as

“Criminal Cases Review (Public Petition)”.

Under the new clause, if it appeared to any British citizen aged 18 or over that the sentencing of a person in the Crown court has been unduly lenient or harsh, that British citizen—the petitioner—may refer the case to the Criminal Cases Review Commission for it to review the sentence. There would mean that there would be a platform for defendants like Rhys McDonald and Chris Taggart in my constituency, who received an average of 30 months for an ill-advised tweet, to have their sentence appealed.

[The Chairman of Ways and Means (Ms Nusrat Ghani)]

I call Catherine Atkinson. [Interruption.] I call John McDonnell.

[John McDonnell (Hayes and Harlington) (Lab)]

Thank you, Ms Ghani; it is nice to be a substitute.

Like others in the Chamber, I am a member of the justice unions parliamentary group, and I will speak very briefly to new clause 3. As many Members know, the justice unions group comprises the probation officers’ union, Napo, as well as the Prison Officers Association and the PCS. It acts as the voice of the frontline workers in Parliament from those particular unions. There is an overall welcoming of the Bill by the unions themselves, which is good, but a specific concern has been raised with us with regard to the development of unpaid work and community service, and how that is managed in the future.

Many Members will also know about the history of community service; in fact, in the past we have had a few Members in this House who did a bit of community service—but that is another issue all together. Historically, it has been a way in which people have been able to avoid prison sentences: by working in the community and making reparation for the damage that they have often caused in it. I think we can report that it has been relatively successful in most of our constituencies.

Unfortunately, though, there have been experiments with privatisation, including of the management of the service; and there has been debate about whether this could be unpaid labour for private companies. In London, in 2013, community service was privatised to Serco. It was an absolute disaster. There was a lack of supervision on site, a lack of workers, and a lack of tools being delivered. It was also exposed that offenders were sometimes being crammed into vehicles that were unsuitable and unsafe. As a result, that privatisation collapsed. The last Government then engaged in a wholesale privatisation of probation, under the title, “transformation of rehabilitation”. That included unpaid work and community service. Again, even the last Government had to accept that probation would have to be brought back in house because of a combination of incompetence and profiteering, alongside a failure to go for realistically effective rehabilitation.

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[Sir John Hayes]

It is certainly true that one perverse choice leads to other consequences, and when people become involved in drugs, it often leads to all kinds of horrors. The key thing is therefore to stop people getting involved in drugs, and successive Governments, including this one, have intended to do that. Through a series of measures, we try to deter people from involvement in drugs, to deal with drug dealers and to do all the other things that you will not allow me to speak about at length, Madam Deputy Speaker, because I would be deviating from the content of the amendments if I did—

[The Chairman of Ways and Means (Ms Nusrat Ghani)]

Order. You should learn that one tempers oneself, Sir John.

[Sir John Hayes]

I am extremely grateful, Madam Chairman.

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[Ms Minns]

I think the hon. Gentleman is making a correction to the former Lord Chancellor, because those were his words. I am sorry that the Conservative party has moved so far in two years that you wish to disown the work of a Lord Chancellor who stood in this Chamber just two years ago.

[The Chairman of Ways and Means (Ms Nusrat Ghani)]

Ms Minns, please—“you wish to disown”? I am not contributing to the debate.

[Ms Minns]

I really do apologise, Ms Ghani.

Moving on, I support new clause 1. It would strengthen our approach to the deportation of foreign criminals by amending the definition of “period of imprisonment” in two key pieces of legislation: the UK Borders Act 2007 and the Nationality, Immigration and Asylum Act 2002. The amendment is about ensuring that the law reflects the seriousness of the sentence handed down by the courts, whether it is immediate or suspended.

Currently, a suspended sentence of 12 months or more does not count towards the definition of a foreign criminal for deportation purposes. This creates a loophole that risks undermining confidence in our immigration and justice systems. I have met the Minister for Border Security and Asylum to discuss the deportation of foreign criminals with suspended sentences, and I very much welcome the closure of this loophole. It is not an abstract policy change; it is a necessary correction to a real and pressing issue.

New clause 1 ensures that suspended sentences of 12 months or more are treated with the gravity they deserve when considering deportation. It sends a clear message that serious criminal behaviour will not be overlooked simply because the sentence was suspended, and it strengthens our ability to protect communities, uphold justice and maintain public confidence in our immigration system.

Let us be clear: a suspended sentence is still a sentence of imprisonment. It is imposed by a judge who has determined that the offence is serious enough to warrant custody. The fact that the sentence is suspended does not diminish the gravity of the crime.