Sentencing Bill

Debate between Paul Kohler and Julie Minns

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

[Mr Kohler]

Government new clause 1 seeks to strengthen the deportation framework by making it available to those given a suspended sentence. I urge the House to pause before we simply nod it through. It may be politically attractive to say that we are toughening deportation powers, but in practice the change risks blurring the distinction between the offenders who pose a genuine threat to the public and those who do not. A suspended sentence is imposed precisely where the court believes that immediate custody is not necessary for justice or public safety. To treat those individuals like those who have served time in prison lacks logic and may well invite legal challenge.

My concern is that we are legislating in haste, as seen in today’s Committee of the whole House, and layering new powers on a system that already fails to use effectively those that it already has. Instead of focusing on headline-grabbing amendments, we should be fixing the operational chaos in the Home Office that allows people to slip through the cracks in the first place, as we have seen in my constituency; the notorious Wimbledon prowler has recently been released but not deported, despite the Home Office vowing to deport him when he was sent down in 2019. What assessment have the Government made of the likely number of offenders who will be deported under the expanded definition, and how will the Home Office ensure that deportation decisions made under the broader power remain compliant with article 8 rights and do not clog up the courts with appeals that could delay the removal of genuinely dangerous offenders?

[Ms Julie Minns (Carlisle) (Lab)]

I am going to speak in favour of Government new clause 1, but I first want to take the opportunity to mention the Conservatives party’s record in government. A lot has been made during this debate about the prisons that were built during the last Government, so let us place it on record that, between 2010 and 2024, there was a net addition of 482 prison places. If that is a record that the Conservatives are proud to stand on, I will happily give it to them.

Secondly, a lot has been said about lefty lawyers. I would like to draw to the Chamber’s attention that, almost two years ago to the day, the then Conservative Lord Chancellor—presumably a well-known lefty lawyer—spoke about suspended sentences. Of reoffending rates, he said:

“The fact is that more than 50% of people who leave prison after serving less than 12 months go on to commit further crimes…However, the figure for those who are on suspended sentence orders with conditions is 22%.”—[Official Report, 16 October 2023; Vol. 738, c. 60.]

It is important that we understand what we are talking about when we are talking about suspended sentences. That point is relevant to the hon. Member for Wimbledon (Mr Kohler) as well.

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[Ms Minns]

It is nevertheless a suspended sentence. By passing new clause 1, we are saying that serious offences—whether the sentence is served behind bars or under conditions in the community—carry consequences, including the possibility of removal from the UK.

[Mr Kohler]

Could the hon. Lady tell us why a judge would suspend the sentence?

[Ms Minns]

I am not going to pretend to be an expert in the judiciary or the actions of individual judges. Nevertheless, it is important that we recognise that a suspended sentence and a sentence that places an individual in prison are both sentences of punishment. We are talking, in our discussion on new clause 1, about how that relates to whether a foreign criminal should be removed from the country.

The new clause is a targeted, proportionate and principled amendment. It does not expand the scope of deportation arbitrarily. It simply ensures that those who commit serious crimes are not shielded from deportation by technicalities. I urge colleagues from across the House to support it.