Sentencing reforms clear the Commons despite concerns over early releases

Labour’s sentencing reforms have cleared the Commons, despite concerns from opposition parties over its plans to release criminals from prison early.

The Sentencing Bill aims to ease the crisis in prison places by restricting the use of short incarcerations and strengthening community punishments.

Prisoners on standard determinate sentences who demonstrate good behaviour could be freed sooner, as part of an early progression scheme which would include enhanced supervision in the community.

Under the legislation, 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.

MPs voted 321 to 103, majority 218, to pass the draft law at third reading. It will now go to the House of Lords to be further scrutinised by peers.

Justice minister Jake Richards said the Bill would “stabilise the prison system”, adding: “By the end of this Parliament, under a Labour Government, there will be more criminals in our prisons than ever before.

“But we cannot only build our way out of this crisis, we must reform sentencing to ensure our criminal justice system is sustainable.

“The changes in this Bill will ensure we never face a situation the Conservatives left behind – the very real prospect that the most serious offenders would not face prison at all.”

Shadow justice minister Kieran Mullan had earlier claimed more than 6,000 people who are jailed each year for serious, violent offences will be released early under the legislation.

He said: “I suspect the Government know the reality of this Bill is so damning that they fear an outright rebellion from their MPs if they can’t continue the pretence about what it does and doesn’t do.”

“The Government has said time and time again that no person who has committed what they describe as the most serious offences would be released early.

“However, we know this to be completely false,” Mr Mullan added.

The changes are being brought in as a result of findings from a review into sentencing led by former Conservative justice secretary David Gauke.

The report was triggered by the prison system operating close to capacity.

Conservative former minister Esther McVey argued that changes to suspended sentences in the Bill would lead to some prisoners being handed a “get out of jail free card”.

Under the reforms, asylum seeker Hadush Kebatu, who was convicted of sexually assaulting a 14-year-old girl and a woman, would be eligible for a suspended sentence for his crime, Ms McVey said, because he was jailed for less than 12 months.

Liberal Democrat justice spokeswoman Jess Brown-Fuller said her party had long advocated for suspended sentences for jail terms under 12 months, because it could help reduce reoffending rates and cut prison populations.

But she said the party’s proposed amendment, new clause 31, would exclude certain criminals from the Government’s automatic release scheme if they have been recalled.

This would include rapists, paedophiles and those convicted of grooming.

“(It) will therefore ensure that offenders who have committed certain offences will not be eligible for automatic release following a fixed-term recall,” Ms Brown-Fuller said.

At the bill’s report stage, the Tories also called for the creation of a national child cruelty register as part of their amendments to the Bill.

This was rejected by the Commons, with MPs voting 182 to 311, majority 129 against it.

However, Mr Richards committed to considering the national register as the draft law progresses through the House of Lords.

The introduction of a whole life order for the murder of prison or police officers killed because of their job, was also proposed by the Tories.

Currently, those who kill an on-duty officer can be given whole life orders, meaning they will never be released from prison.

Under the Conservatives’ proposal this would be expanded to include offenders who target off-duty officers or those who have left service, with a clear motive of revenge.

MPs voted 173 to 323, majority 150, to reject this amendment.