Transparency and Consistency of Sentencing

Paul Maynard Excerpts

Thursday 2nd February 2012 Commons Chamber

[Mr Andy Slaughter (Hammersmith) (Lab)]

Transparency and consistency in sentencing is both an end in itself, as part of an open justice system, and a means to an end. It is an essential component in dispensing criminal justice that is fair and credible and has the confidence of the public. No one has a monopoly on wisdom in these matters, although this country is fortunate to have a judiciary and judicial system that has intellect and integrity and applies itself to achieving fair and honest outcomes. From the magistracy to the Supreme Court, from first hearings and summary trials to second and third-stage appeals, there is much to take pride in. Anyone who doubts that needs only to read the sentencing remarks of Mr Justice Treacy in the case of Dobson and Norris, the murderers of Stephen Lawrence.

That is not to be complacent, and it does not mean that we do not need to review and change things. In government, Labour improved the quality of training for lay magistrates, which means better and fairer decision making and gives us confidence to rely more on what has been a mainstay of justice for 650 years. We also set up the Supreme Court, a body that within a few years has become central to the administration of justice in the UK.

I give credit to the Lord Chancellor—[Interruption.] Will the Under-Secretary of State, the hon. Member for Reigate (Mr Blunt), allow him to have my attention? I give credit to the Lord Chancellor for some of the steps that he has taken to promote open justice. Publishing comparative data is a good way of examining the performance of individual courts and measuring consistency. We can cautiously welcome the televising of proceedings. Provided that it protects witnesses and victims and does not sensationalise crime or allow defendants to grandstand, it will be a welcome extension of the principle that the default position of the English courts is that they operate in public.

Perhaps in return, Government Back Benchers will give some acknowledgment of the record of recent Labour Governments, although I doubt it. We inherited a poor record in criminal justice, as we did in health, education and policing. We had communities in thrall to crimes that all too often went unsolved and unpunished and a sentencing policy that was too inconsistent and unscientific, lacking any coherent vision of how to deal with criminals and the revolving door of recidivism. Vulnerable young people were being recruited into crime at ever younger ages. In Moss Side, Liverpool, Newcastle and London, people knew that the Tories could not be trusted on crime and justice. Poorer communities suffered more from the effects of crime, and were abandoned by a succession of Tory Governments who either would not or could not turn things around. It was not only Liverpool that the Thatcher and Major Governments condemned to managed decline.

[Paul Maynard (Blackpool North and Cleveleys) (Con)]

rose—

[Rehman Chishti]

rose—

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[Mr Slaughter]

I took only two notes when the Lord Chancellor spoke, one of which was on that point. It was a bare-faced cheek for him to talk about the early release of prisoners by some days at the end of their sentences under the Labour Government and then immediately to decry indeterminate sentences for public protection, which ensure that violent and dangerous sex offenders are kept in prison until they are not a danger to the public. Does the hon. Member for Blackpool North and Cleveleys (Paul Maynard) want to intervene?

[Paul Maynard]

indicated dissent.

[Mr Slaughter]

The hon. Gentleman can make his point in his own time.

Labour’s legacy was somewhat different from that of the Thatcher and Major Governments. The current Government published statistics that show that over the last Parliament, there was a 43% reduction in first-time youth offenders—down from 107,040 per annum to 61,387. As a result, there was a 34% reduction in offences committed by young people, down from 301,860 per annum to 198,449. As a result of that, there was a 15% reduction in young people in custody, down from 2,830 to 2,418. That trend has continued to date. Those are long-term changes in behaviour, in opportunity and diversion from criminality, not the quick-fix methods of trying to shave numbers off the prison population that the Justice Secretary favours.

Youth offending teams—multi-agency partnerships embedded in local authorities—dealt with young offenders from arrest to court to managing their punishment in the community or the securest date for reintegration. As the teams bedded down in their core statutory functions, the previous Government added prevention work to their remit and resourced them with expertise on gang behaviour and restorative justice. We also gave them considerable latitude for innovation to allow for the development of new ideas and local solutions. At the same time, we created the Youth Justice Board to ensure that places in custody were commissioned efficiently and effectively to co-ordinate best practice among YOTs.

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[Philip Davies]

They must have had to commit an awful lot of crimes to get themselves into prison, because it is very difficult to get sent to prison in this country.

Let me emphasise the point. In 2009, according to the Ministry of Justice, 2,980 burglars and 4,677 violent offenders with 15 or more previous convictions were still not sent to prison. Today, the Secretary of State was saying that if someone commits a burglary they should expect to go to prison. In one year, however, 2,980 burglars with 15 or more previous convictions still were not sent to prison, which seems rather to defy the message that the right hon. Member for Berwick-upon-Tweed is trying to give.

[Paul Maynard]

Does my hon. Friend share my concern that there are prisons, secure children’s homes and independent institutions where people, on their release, knock on the door begging to be taken back in? Those settings were the only place in which they received the care and support that they needed to be a meaningful member of the local community on their release. Does he share my concern?

[Philip Davies]

I share many of my hon. Friend’s concerns and I am certainly concerned that many people are anxious to get back into custody. There are an awful lot of reasons for that, one of which he has given. Some might argue that another reason why people are so keen to get back into prison is that their quality of life in prison is far better than their quality of life outside prison. When 4,070 prisoners enjoy the luxury of Sky TV in their cells—not even in a communal area—we know that something is fundamentally wrong with our criminal justice system.

[Philip Davies]

My hon. Friend is absolutely right. We have this wretched organisation, HM inspectorate of prisons, the members of which come down from their nine-bedroom mansions in Oxfordshire, go around the prisons and say, “Oh, it’s jolly awful in here, isn’t it? Absolutely terrible.” If those same people came from the same crime-ridden estates that people in prison tend to come from, they would probably say, “It’s jolly nice in here.” There is rather a big disconnect between the backgrounds of the people in prison and of these do-gooders, the prison inspectors.

[Paul Maynard]

As one of those do-gooders—I realise that that might be a matter of concern to my hon. Friend—may I ask whether he has any proposals on how we could improve local authority accommodation for young people, for example, to ensure that the communities where they live are safer for them than a secure custodial setting? What positive proposals does he have in addition to his House of Commons research?

[Philip Davies]

My positive proposal appears to have escaped my hon. Friend. I think I am right in saying that he is a member of the new 301 group, which I thought referred to the number of seats we had to win at the next election; I did not realise it was the target for the number of people we should have in prison, which seems to be the approach advocated. What about the quality of life of many law-abiding people in this country? We talk about the rights of criminals, but what about speaking up for the law-abiding people who think that their quality of life would be improved if more people were sent to prison in the first place? Not only are all those people not being sent to prison, but we still have a system in which someone who goes to court with 100 previous convictions behind them is still more likely not to be sent to prison than to be sent to prison. How on earth can we have a criminal justice system in which that is the case?

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[Philip Davies]

The figures my right hon. and learned Friend dismissed are the ones supplied by his Department. All I can do is give the figures as they are. They indicate that of the 206 people who have been released having served an IPP sentence, only 11 have reoffended. It is up to hon. Members to draw their own conclusion from those figures. The principle that we should not release people from prison until it is safe to do so strikes me and my constituents as a rather good one to have in the criminal justice system. His suggestion that we should release people from prison regardless of whether it is safe to do so seems rather bizarre.

[Paul Maynard]

Will my hon. Friend give way?

[Philip Davies]

If my hon. Friend does not mind, I will make some progress, because many other Members wish to speak and I want to draw my remarks to a close.

My final point is on the automatic release of offenders halfway through their sentence, which is one of the shameful things the previous Government sneaked through in the last Parliament. Prisoners are now not just eligible for release halfway through their sentence; they are automatically released. I think that that is a terrible situation. When I visited Denmark, whose criminal justice system is always seen as very liberal, I found that they do not have that system. They have the system we used to have, whereby prisoners became eligible for release halfway through their sentence. In fact, 30% of their prisoners were refused parole altogether and served the full sentence handed down by the courts, and they think that that is one of the major reasons why they had such low reoffending rates. I urge the Secretary of State not to have a system where we automatically release prisoners willy-nilly halfway through their sentence and irrespective of their behaviour in prison or their risk of reoffending. We should make proper judgments about people’s fitness for release before we agree to release them. I think that we can learn from Denmark in that regard.

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[Paul Maynard (Blackpool North and Cleveleys) (Con)]

I must apologise to my hon. Friend the Member for Shipley (Philip Davies) for not being a lawyer but daring to participate in this debate. I hope he will forgive me. I must also apologise for not living in Oxfordshire or in a nine-bedroom mansion. I live in a two-bedroom ex-council flat; I hope that does not exclude me from this debate.

I represent the fourth most deprived Conservative-held seat in the country, and I hope that allows me to participate in the debate because, as my hon. Friend the Member for Gainsborough (Mr Leigh) has just pointed out, it is the poor who suffer most as a consequence of crime.

I should like to question some of the comforting nostrums that have been floating around the Chamber. Those who have read their New Statesman this morning might call it “reassurance” politics—saying things to make ourselves, rather than those we seek to represent, feel better. That is my primary concern. Language is crucial in this debate. We have to be judicious and proportionate in everything we say, but I sometimes fear that is rather difficult.

I also believe that victims have to have a crucial role in this process, not because I believe, as I fear some do, that victims will automatically demand the harshest judgment possible—far from it. We can all swap polling and survey evidence, but I want to highlight a survey I saw from 2009, which said that only 11% of the victims questioned felt that sending more offenders to prison would “do most” to reduce crime. That is not to say that people should not go to prison or that prison should not be unpleasant, but it does indicate that the comforting nostrum that all victims are slavering for the chance to see those who have caused them harm swing high simply is not the case.

I commend the Government for publishing more local, transparent data on sentencing. That is vital to improving not just transparency but public confidence in the system. I firmly believe that a transparent and consistent sentencing policy will be possible only if we start to reduce the prison population. Unlike some hon. Members here today, I do not believe we should seek to turn this nation into a gulag with as many people as possible crammed in.

[Sir Peter Bottomley (Worthing West) (Con)]

My hon. Friend and I heard the interesting and often entertaining speech of our hon. Friend the Member for Shipley (Philip Davies), who mentioned the Netherlands. Does my hon. Friend the Member for Blackpool North and Cleveleys (Paul Maynard) agree that if the Netherlands can close eight prisons because they do not have enough prisoners to fill them, and if their apparent crime rate and their apparent imprisonment rate are half of ours, on a population basis, we have a lot to learn from those who agree that we need to cut crime, cut the number of victims and cut the number of people in prison as well?

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[Paul Maynard]

I agree with my hon. Friend entirely. I have always believed there should be a strong correlation between the amount of crime being committed and the number of people being sent to prison. If one is going in one direction, I fail to understand why the other is not going in the same direction, but it is not. There are now twice as many people in prison as when Michael Howard announced that “prison works”. I therefore believe that for certain categories of prisoner it is essential to look at alternatives to custody that are robust without being harsh and that have lower reoffending rates. Indeed, the Lord Chancellor pointed out that that was one of the crucial indicators he had placed at the heart of the Ministry of Justice’s work. In my view, that means we should start to focus not only on how many people reoffend after longer sentences but at what we mean by a short sentence and what is an appropriate sentence.

I might just about agree with my hon. Friend the Member for Shipley that sentences of less than 12 months are almost decorative. People at the young offender institutions I have visited say that the most they can do is fix people’s teeth in that time, if they are lucky. Perhaps the shortest sentence should be 12 months, but that does not absolve us from trying to confront what we do in the community. I do not support the idea that anyone who is found guilty should be sent to prison, no matter what their crime. That simply is not the way to go. Within the youth justice system, there has been a 30% fall in the number of children in custodial settings without any increase in youth crime. That is an important example to which we should hold true. It is possible to reduce incarceration levels while keeping crime levels low. Once again, the two are not connected. Indeed, the Government have been able to cancel plans to build a new young offender institution at Glen Parva, thereby creating savings for the taxpayer.

My hon. Friend the Member for Shipley was rather dismissive of my participation in the 301 project. I hope he is not similarly dismissive of our participation in “No Turning Back”; indeed, perhaps he is a fellow member. I hope he shares my concern for effective financial management and good stewardship of taxpayers’ money. One of my key concerns about the approach to criminal justice that he advocates is that it pays no attention to the cost to the public purse.

I make no apology for that consideration. Only yesterday, we spent time agonising over the Welfare Reform Bill and the deeply difficult cuts that we are having to make that will affect some very vulnerable people. Those are difficult decisions, which we do not take with any great pleasure. If we give that level of scrutiny to our welfare system, I strongly believe that it is incumbent on us to look with equal forensic attention at how much we are spending on our prison and criminal justice systems.

[Philip Davies]

I asked the Ministry of Justice what was the highest number of crimes that somebody had committed while still not being sent to prison—the number of previous convictions. The answer was 578. Somebody with 578 previous convictions was not sent to prison. That was 300 for shoplifting, 131 for drunk and disorderly behaviour, 79 for public disorder, 18 for breach of bail, 14 for criminal damage, nine for assault, eight for robbery, four for possessing an offensive weapon, one for actual bodily harm and 14 others. Does my hon. Friend agree that that person should still not have been sent to prison?

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[Paul Maynard]

When I see my hon. Friend flicking through sheets of paper, I can always guarantee that a demon statistic is on its way to disprove the point being made by a hapless Back Bencher. Such is my lot.

The average cost of a year in prison is £45,000. Effective, intensive community sentences can cost as little as £5,000. I stress the word “effective”, because I accept that much of our community sentencing is not very good at all. It does not do what it is supposed to do and is regarded as a joke, but there are intensive alternatives that have been shown to work. That is where we should focus our attention, not just on banging up everyone who has ever looked at us askance. Indeed, in a world governed by my hon. Friend, I might fear for my own liberty. It would be deeply concerning to end up in the Shipley gulag.

If I understand the complex legal world correctly, a community order can comprise 12 different elements. Some of them are relatively familiar: for example, curfews and unpaid work, which make up slightly over 30% of many community orders. What concerns me is that the more technical, specialist and difficult aspects make up less than 1% of the orders that are issued. The mental health treatment requirement is used in less than 1% of community orders, yet 40% of the offenders we are discussing have been judged as having a mental health need. There are numerous problems with that component. A high threshold is set, which requires a psychiatric report that can often result in a wait of up to 16 weeks. That may deter many magistrates from imposing an order. It also requires the psychiatrist to offer a specific course of treatment, which may not be easy to arrange, thus again deterring a magistrate from employing the order.

What worries me more than anything else is that magistrates might not fully understand the range of disposals they can use. All too often people in the criminal justice system tell me that if only they had known about this or that type of order they could have given the offender a more appropriate sentence. If I have one incy-wincy, teeny-weeny criticism of the Government, it is that cuts in training for magistrates might make it harder for them to be aware of what is available in their local area.

There are particularly good models in existence, such as the North Liverpool community court where judges remain actively involved in the offender’s future post-sentence. They can see whether the sentence they impose actually represents punishment of the offender and solves their many problems.

I must also refer, as many Members have, to restorative justice, or youth conferencing as we have seen it in Northern Ireland. It demonstrates that there is innovation out there that can deliver better reoffending figures than a custodial setting. I want the Government to follow up their work on the intensive alternative to custody pilot that was run in Manchester. They published an excellent analysis of the pilot in July 2011, but it made it clear that it was very difficult to come up with robust reoffending figures for those who had gone through the system. As those of us who participate in these debates know, winning public confidence requires robust data showing that new, innovative methods of disposal actually work. It is difficult to provide robust figures for the intensive alternative to custody.

We need to understand reoffending rates far better, because these models can offer much greater cost-effectiveness. As I said earlier, we cannot look only at the criminal justice and public spending elements as if we are just warehousing criminals for two years or so for public protection, because they will just emerge ready to reoffend, and that will not provide the satisfaction—I use the word in precise terms—that a victim deserves.

Despite the fall in child custody, one in 10 prisoners are still in the 18 to 20 age group. Admittedly, this has spiked because of the riots, quite correctly in my view. However, the independent panel that looked into the riots identified the lack of support for young people moving from the youth justice system to the adult justice system as a contributory factor to the occurrence of the riots, which is worth bearing in mind. The Barrow Cadbury Trust found that almost half of those in the 18 to 20 age group were in local authority residential care and 40% had suffered some sort of domestic violence. The Secretary of State for Work and Pensions has stated in a Centre for Social Justice report that

“increasing penalties for offenders will do little to stop the next generation of prisoners and unlock the cycle of deprivation which so many young people are trapped in, unless it is accompanied by an attempt to tackle the underlying drivers of crime.”

That is why I am concerned that any model that focuses simply on imprisonment and increasing the number of prisoners will not solve the wider problem we face.

We all age physically at different speeds, but we also age emotionally at different speeds. The human brain is not mature until the mid-20s—I suspect that for certain Members it might be much older, but I do not dare to speculate. It is worth looking at the model used in Germany, where those in the 18 to 21 age group are assessed for maturity. If the individual has a communication delay or learning disabilities, for example, there is the option that they will be disposed of through the youth justice process. That has been shown to work well in solving individual problems.

It is also important that our political rhetoric in the Chamber, on both sides, is mature when we discuss criminal justice. The Prison Reform Trust—I declare an interest as a trustee—recently published a report examining the reasons for the decline in child imprisonment. It found that politicians had played no role in that at all. Indeed, the best it could say about us was that we did not impede the process. I welcome the fact that the Government and others are now rejecting the easy, knee-jerk options. The Mayor’s strategy on youth crime, for example, was notably mature and robust in how it sought to tackle the issue. Similarly, the Legal Aid, Sentencing and Punishment of Offenders Bill has made great strides in the right direction, although I am sure that we would want to see some of them move more quickly. I commend the Sentencing Council for the judicious work it has done so far, and I congratulate the Opposition, empty though their Benches are, on having done the right thing in setting it up.

In conclusion, transparency and consistency in sentencing can be achieved only by clarity of purpose, and by an iron will not to use sentencing policy to demonstrate other supposed political virtues. We do not need to be harsh to be tough, and we must never forget that victims are humans and have needs. To be a victim of crime is more than a financial event; it is a deeply upsetting and emotional experience.

Equally, we must never forget that perpetrators of crime are also human beings. Often, they are perpetrators not because they are evil—and I do believe in evil, and that there are evil people who should be in prison—but because the state has failed them at multiple stages of their life, almost from birth, in residential care homes, education and many other settings. Those people are on the conveyor belt to crime because we in this House have failed them time and again. To put such people in prison and merely wash our hands of them is not a solution to the state’s failure to care for the most vulnerable in society.