Transparency and Consistency of Sentencing

Priti Patel Excerpts

Thursday 2nd February 2012 Commons Chamber

[Priti Patel (Witham) (Con)]

It is a pleasure to follow my hon. Friend the Member for Penrith and The Border (Rory Stewart)—he is a most learned friend—who gave a great philosophical and moral insight into sentencing decisions and the factors involved.

This debate is long overdue and a range of views have been aired. I welcome the debate partly because it gives me an opportunity to commend the Government’s approach to their victims strategy. I have had the privilege of engaging with the Ministry of Justice on its “Victims Matter” policy, including through a ten-minute rule Bill I sponsored at the end of last year.

There is a degree of consensus in the House this afternoon that far more needs to be done to support victims in light of the consistency and transparency of sentencing, and, importantly, to rebalance the criminal justice system, so that there is not a disproportionate focus on the offender and so that due consideration is given to the victims of crime. It is obvious that the Government’s focus and what they have done are welcome and good steps in the right direction. Naturally, some of the Government’s proposals will need careful consideration. I hope Ministers and officials engage constructively with Victim Support and other organisations to ensure that victims services are improved and enhanced.

As has been said, sentencing is a part of the justice system in which victims are forgotten, yet sentencing is important to them. Victims of crime want offenders to face the consequences of their actions. As my hon. Friend the Member for Blackpool North and Cleveleys (Paul Maynard) has said, there is balance. Offenders must take on the full consequences of their action through punishment, and we must ensure that sentences reflect the crime that has been committed while providing the offender with an appropriate degree of punishment and rehabilitation.

That is partly why victims of crime, and certainly those I have met through my constituency work and those I have engaged with through wider dialogue through, for example, the all-party parliamentary group feel frustrated, angry and disfranchised, which is a good word to use in respect of victims in the justice system. They feel that they are ignored and that the emphasis is placed far too much on the offender. Sadly, there are far too many examples of that. There has been much commentary this afternoon on the media reporting of cases, but I want to mention one case reported earlier this month. Josephine and Douglas Manwaring wrote a victim impact assessment to call for the criminal who brutally murdered their daughter 20 years ago to rot in prison. The case was harrowing, but the bureaucrats involved tried to censor their views from the Parole Board considering the murderer’s release. Those actions were totally unacceptable, and I trust that the Justice Secretary took robust action to ensure that those bureaucrats do not take it upon themselves to suppress victims in future. Victims must have a voice.

In another well documented case in Essex, victims of crime were completely circumvented and ignored in the sentencing of a prolific offender, Bradley Wernham. He was eventually apprehended after committing more than 600 offences, but when his case came to court, the victims were not given the chance to have a say. Instead, officials and the court refused to lock him up, and he went on to reoffend. The court decided not only to give him a community sentence, but to give him the usual benefits that come with it. It became a social experiment. Many of my constituents described his treatment as bribing him not to reoffend. Needless to say, the experiment backfired, and dozens of crimes later, he was eventually put behind bars. I emphasise that throughout the process, victims had no voice in the decisions and were never engaged.

The Justice Secretary and the wider Ministry of Justice team will share my concerns about such situations. Although the new reforms will take time to be effective, it is important that the Ministry reiterates to the courts, and to all those involved in the justice system, that victims must have a voice. They must be put first, especially in sentencing.

I want the Government to go further in keeping the public safe when persistent offenders are sentenced. In 2010, 651 offenders received between five and nine community sentences, while 10 offenders received between 10 and 14 community sentences. Those 661 offenders were given more than five chances to rehabilitate, but they still pursued a life of crime. In 2009, offenders subject to community orders committed more than 18,000 serious violent and sexual offences, including 172 sexual offences against children. Those figures are truly astonishing. They demonstrate that far too many criminals are being allowed to remain in the community, where they are reoffending and causing misery for their victims, when they should be locked behind bars to keep the public safe.

It is not just offenders on community orders who are continuing their criminal ways. Figures from 2009—again, Labour was in power—show that 21,000 criminals reoffended within one month of receiving a caution or an out-of-court disposal. I appreciate that there are strains on our prisons and that the previous Government left behind an appalling legacy, which this Government are seriously attempting to deal with, but when people are reoffending at such prolific rates, our courts must be empowered to imprison the most dangerous and persistent offenders. The Legal Aid, Sentencing and Punishment of Offenders Bill gives some reassurance that that can happen. In particular, I welcome the policy to remove some prisoners’ automatic right to be released after serving just half their sentence in prison. However, I urge the Justice Secretary to be firm with the judiciary over the protection of the public.

Some really shocking examples have come to my attention of criminals being let out early only to reoffend. I have a string of examples, and we have heard others today. The point, however, is that public protection should always come first. We have heard that our prisons are straining at full capacity and that we must do more on rehabilitation, and I completely support that, because the cost of reoffending has been far too high. Colleagues on both sides of the House recognise that the system is completely unsustainable, given the figures for reoffending, the cost to the public purse and the cost of the prison system and the criminal justice system. More has to be done to make sure that resources are targeted appropriately in prisons to prevent reoffending.

We have had plenty of figures, including Ministry of Justice figures—I hope they are reliable figures—indicating that a good degree of taxpayers’ money is being spent on prisoner education. That is, of course, welcome, but we should spend that money in a targeted way to ensure that we can turn around offenders’ lives. The rehabilitation revolution and the proposals in “Breaking the Cycle” are absolutely targeted at doing that.

I firmly believe that prison has a role to play as a strong deterrent. We must ensure that our prisons work and that they do what it says on the tin. The Government’s focus on reoffending and breaking the cycle of reoffending is absolutely key. We must make sure that resources are targeted in the right way to deal with the previous Government’s dreadful legacy in the criminal justice system. We must do what needs to be done, protect the public and start turning around the lives of many of these persistent reoffenders.