Sentencing Bill Debate

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Department: Ministry of Justice
Sarah Pochin Portrait Sarah Pochin (Runcorn and Helsby) (Reform)
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I was a magistrate for 20 years, so I hope that I speak with some authority and have something to contribute on Second Reading.

This Bill is based on recommendations in the recent Gauke review, which falls woefully short of addressing the many concerns that the British people have about the current judicial system. Worse still, it does nothing to reverse the current trend for woke justice, and enables the further politicisation of our once great judicial system. The left will describe the Bill as progressive, but in fact it is unrealistic, requires vast amounts of investment and funding for the Probation Service, and will take years to implement, and in the meantime it puts the public at risk.

The Bill makes whole life orders mandatory for certain types of murder, but does not specify which types of murder. It allows for

“special sentences for offenders of particular concern”

to be imposed for rape and certain other serious sexual offences, without giving any explanation of what that actually means. The British people want to know that life means life—that murderers, terrorists, rapists, hate preachers and paedophiles will be sent to prison and never allowed out to threaten the safety of the British people again, that they will face harsh conditions in prison, and that prison is punishment, not a soft option.

The Bill does nothing to defend our democracy and end the era of two-tier justice in this country, where free speech is a crime punishable by a more severe sentence than sexual assaults or paedophilia. It enables the continued facilitation of the special treatment of defendants according to their racial, cultural or religious identity.

None Portrait Several hon. Members rose—
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Sarah Pochin Portrait Sarah Pochin
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I will make some progress, please. It allows for the even earlier release of dangerous criminals into the community on licence, reducing the time served from 50% of a sentence to a mere third. The implications for public safety in general, and for the safety of women from repeat offender domestic violence perpetrators in particular, are concerning. Prisoners recalled to prison for breaking licence conditions would receive a reduced sentence of, I believe, 56 days—it was 28 in the Gauke review—as opposed to serving the full term of their sentences. That would apply to criminals convicted of serious offences, which is a betrayal of justice for victims and for brave women who have gone through the harrowing experience of a trial.

What of the Bill’s intention to eradicate custodial sentences of less than 12 months? That in effect removes the ability of the magistrates court to give out a custodial sentence, leaving only community orders available as a means of rehabilitation and punishment. By the time a streetwise defendant has pleaded mental health problems and declared they are on universal credit, there are very few options available to the sentencing bench, and without custody there are even fewer.

These elements of the Bill are designed to free up prison spaces as opposed to administering the justice that the British people want convicted criminals to face in return for the crimes committed. There are no concrete plans to increase prison capacity, and there is no policy on deportation. This Bill is all about leniency, not about the reality of the dangerous places that prisons currently are.

Scott Arthur Portrait Dr Scott Arthur (Edinburgh South West) (Lab)
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The hon. Member is speaking with great authority from her experience as a magistrate, but she criticises the Bill for having no concrete plans to expand prison capacity. Could she talk about her party’s plans to increase prison capacity, how much they would cost and when that capacity would come on line?

Sarah Pochin Portrait Sarah Pochin
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I thank the hon. Member—I was going to call him an hon. Friend, but I am not sure that is appropriate—and, yes, I could do that, but I think all Members know Reform’s policies on building prisons. [Hon. Members: “No, we do not.”] Let me finish my speech.

The Bill proposes increased powers for the Probation Service such that it could shorten the length of a community order. It is entirely inappropriate for the Probation Service to be able to alter the sentence given by a magistrate or a judge. All this is open to abuse, and it means that the already stretched Probation Service can release convicted criminals from its books to free up capacity, rather than because rehabilitation or punishment has been successfully completed. The Bill is purposely vague and open to interpretation. It is not tough enough, and it does not address the problems our judicial system is facing. For that reason, I will not be supporting it.