Sentencing reforms will take ‘sledgehammer’ to justice system – Tory MP

Offenders will be “laughing all the way to their next crime”, as a result of the Government’s sentencing reforms, the Commons has heard.

Convicts who demonstrate good behaviour could be released early under the Sentencing Bill, which aims to ease the crisis in prison places.

Tory former minister Esther McVey branded the legislation the “avoid-a-sentence Bill”, as the Conservatives called for rapists and paedophiles to be exempt from early release.

Prisoners on standard determinate sentences could be freed sooner as part of an “early progression scheme”, with enhanced supervision in the community, followed by a period on licence, which is unsupervised.

There will be a minimum release point of 33% for standard determinate sentences, while more serious standard determinate sentences will have a 50% minimum.

This will be accompanied by an expansion of tagging to monitor offenders in the community.

Labour have said the worst offenders – those on extended determinate sentences or life sentences – will never benefit from early progression.

However, the Tories claim that many rapists, stalkers, groomers and violent offenders are serving standard sentences and are therefore eligible for early release.

Speaking at committee stage, Ms McVey, said: “This Bill takes a sledgehammer to our justice system and will dismantle law and order in this country.

“To call this Bill a Sentencing Bill makes a mockery of us all. It should be called the avoid-a-sentence Bill, for this Bill is a slap in the face to victims and will embolden offenders who will quite literally be laughing all the way to their next crime.”

The MP for Tatton had tabled a number of changes to the Bill, including ensuring any early release scheme only applies to prisoners who have been sentenced to less than 12 months in jail.

That was defeated by 105 votes to 381, majority 276.

Shadow justice minister Kieran Mullan said: “I have never met a victim of a serious violent or sexual offence who thinks that the present system suitably punishes serious offenders.

“I have never met a victim who thinks that what we should do is let these sorts of people out of prison earlier, but that is what this Bill will do.”

He urged Labour MPs to go against the Prime Minister, claiming the Government’s position that the worst offenders will not be released is “inaccurate”.

Under the Conservative amendment, those who commit rape, assault by penetration, grievous bodily harm, stalking and sexual offences against children, would not be released early.

The Tories’ bid was rejected, with MPs voting 182 to 307, majority 125, against it.

The party also sought to change the Bill to require courts to collect and publish detailed data on sentencing; to make judges’ sentencing remarks publicly available within two days; to automatically prevent parents convicted of child sexual offences from having parental rights; to extend the time victims and families have to challenge lenient sentences; and to expand whole-life orders for the murder of police or prison officers.

The Bill includes restrictions on sentences of less than 12 months, apart from exceptional circumstances, such as domestic abuse cases.

It extends the maximum length of suspended sentences from two to three years.

The legislation follows recommendations from the review of the justice system carried out by Tory former justice secretary David Gauke.

Plans to introduce chemical castration also form part of the Bill, with suppressants for sexual offenders to be trialled in north-west and north-east England.

Problematic sexual arousal can be reduced by chemical suppressants and prescribed medication, but the review highlighted the treatment would not be relevant for some sex offenders, such as rapists driven by power and control, rather than sexual preoccupation.

Reform UK MP Sarah Pochin spoke in support of her party’s amendment which would abolish the Sentencing Council.

“Sentencing powers should lie solely in the discretion of the judges,” the Runcorn and Helsby MP said.

Sentencing minister Jake Richards argued that scrapping the Sentencing Council would be “constitutional vandalism” and undermine the independence of the judiciary.

He said: “It is absolutely right that the council is held to account by Parliament, but it would be offensive to the principle of the separation of powers to dissolve the council entirely.”

Responding to an intervention from Mr Mullan, who asked if rapists or paedophiles would be released early as a result of the Bill, Mr Richards said: “Sentencing decisions are for the judiciary.

“Every single offence in the amendment can be given an extended determinant sentence.

“What I’ve said before, and I’ll say it again, is that what victims of crime fear the most is the situation that this Government inherited, where we are running out of prison places, where the most serious offenders might not face prison at all.”