Shabana Mahmood MP: speeches 2024

Speeches

• 22 Oct 2024 · Sentencing Review and Prison Capacity · Hansard source

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  Let me assure my hon. Friend that the answer to his question is yes and yes. Part of the reason for doing the review is to ensure that this country is never again on the brink of running out of prison places, and that dangerous offenders who need to be locked up to keep the public safe will always be locked up.

• 22 Oct 2024 · Sentencing Review and Prison Capacity · Hansard source

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  I thank the shadow Lord Chancellor for the courteous way in which he has approached this debate, and for his detailed questions. Let me start with his point in relation to the sentencing review. The voice of victims will be heard: there will be a representative with experience of working with victims to make sure that is covered in the review, and I look forward to announcing further members of that review panel over the coming days. The review will be free to consider every aspect of the sentencing framework, including the use of whole-life orders and minimum sentences. We have not constrained the sentencing review in any way: the review panel should take a proper look at the sentencing framework that we have and go where the evidence takes them. I acknowledge the progress that was made on reducing reoffending, but as the shadow Lord Chancellor accepts, there is much more to do. We know that 80% of offenders are reoffenders and that 90% of those sentenced to custody are reoffenders. We have a big problem with that revolving door in and out of our prisons—as a country, that is a significant challenge that we must overcome. As I said, I will be placing the terms of reference in the House of Commons Library. The shadow Lord Chancellor will be pleased to see that those terms of reference refer to cohorts of offenders, including female offenders. He will also know that in my conference speech in September, I laid out a different approach to how this Government deal with women in our prisons.

• 17 Oct 2024 · Criminal Justice System: Capacity · Hansard source

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  With permission, Madam Deputy Speaker, I will make a statement on capacity in the criminal justice system. When this Government came to power, we inherited prisons on the brink of disaster, moments from total collapse. Had that happened, the consequences would have been apocalyptic: courts would have been forced to cancel all trials, the police would have been barred from making arrests, and we would have faced the total breakdown of law and order. The last Government knew what had to be done. My predecessor, the former Lord Chancellor, begged his Prime Minister to act, but rather than have the bravery to do so, the now Leader of the Opposition chose to call an election instead. As a result, it fell to this Government to take the necessary but difficult action. While they say that to govern is to choose, my predecessors left me with no choice at all. On 18 July, just two weeks into the job, I announced to this House that we had been forced to bring forward the release dates of some prisoners serving standard determinate sentences from 50% of time served in prison to 40%, serving the rest on their sentence on licence in the community. Make no mistake: the action we took prevented the immediate collapse of law and order in our country, but with our prison population still rising fast, there is more that we must do to address the capacity challenges our prisons face, and our task now is to ensure that a crisis like the one we inherited can never happen again. Today, I can set out a measure that will begin to address a specific and acute cause of our prisons capacity crisis: the remand population. As this House will know, prisoners on remand are in our jails but have not yet been tried or sentenced. Because of the historical backlog in our Crown courts—another element of the woeful inheritance my predecessors handed to me—the remand population in prisons has soared. Today, it stands at a record 17,000, which is nearly one in every five prisoners. As some Members will know, remand prisoners are an especially acute problem as they are placed in so-called reception or category B prisons. Until they are tried and sentenced, they cannot be moved elsewhere in the estate. It is in our reception prisons that we face the most acute capacity pressure in the country. Unless we address our remand population, we could still see a collapse of the system, not because of a lack of cells, but because we do not have those cells in the places we need them. It is therefore crucial that we bear down on the remand population. Magistrates courts have sentencing powers for only up to six months’ imprisonment for a single triable either-way offence, and only the Crown court can hand down sentences beyond that. Between May 2022 and March 2023, the previous Government chose to extend magistrates court sentencing powers to 12 months. This enabled magistrates courts to retain more sentencing hearings and meant that they were heard more quickly. It also freed up capacity in the Crown court to hear more complex cases. However, magistrates’ sentencing powers were then reduced back to six months when, having failed to address the capacity crisis in our prisons, the pressure on prison places became too great. This Government have now acted to relieve that pressure, so I can announce that we will extend magistrates’ sentencing powers back to 12 months’ imprisonment. On 28 October, I will lay a statutory instrument to that effect, which will come into force on 18 November this year. This change does not increase the maximum sentence for specific offences, and nor does it change the length of sentence that a defendant will serve. Instead, it expands which courts can hand down sentences of six to 12 months’ imprisonment for a single triable either-way offence. It will enable the system to make more use of magistrates, who are an integral part of our court system, delivering justice swiftly across the country. This measure will also allow us to begin to address the remand problem in our prisons, but it will do more than that. This Government inherited a record Crown court backlog. Waits for trials have grown so long that some cases are not heard for years. The impact on victims of crime is profound. For some, justice delayed is, as the old saying goes, justice denied, as victims choose to withdraw from the justice process altogether rather than face the pain of a protracted legal battle. By extending magistrates’ powers, we will be able to make progress on addressing the Crown court backlog, and we will free the Crown court to take on more of the cases that only it can hear. This measure is expected to free up an equivalent of 2,000 sitting days within the Crown court each year, which will add capacity on top of the additional 500 sitting days that this Government funded on taking office. This measure will, in total, see a slight increase in the overall prison population, but by bearing down on the remand population in our reception prisons, we will create capacity where we need it most. This measure allows us to manage our prison population smartly, and it means we can both address our prisons crisis and tackle the courts backlog. When this Government came to power, we inherited a justice system in crisis. We took immediate action to avert a total breakdown of law and order. We are now beginning the work of ensuring that this country never faces this crisis again. There will be more that we must do. In the coming weeks, I will return to the House and set out our long-term plan for the justice system, but these new powers for magistrates mark an important step. They help us alleviate the capacity pressures caused by the historical remand population that we inherited, and begin to address the record Crown court backlog that my predecessors handed to me. In so doing, for victims across the country they will make justice swifter, and ensure that more criminals receive the punishment that they deserve. I commend this statement to the House.

• 17 Oct 2024 · Criminal Justice System: Capacity · Hansard source

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  My hon. Friend is absolutely right. Cases are taking too long to reach conclusion in our courts. We are making some changes, and I am considering what further ones we will need to make. There is an important piece around efficiency and productivity in the court system, and there have also been reports by Lord Justice Auld, Lord Leveson and others on other ways to speed up trials being heard. All those options are on the table, and I will update the House in due course about this Government’s approach. I simply reiterate my remarks on the data: when it is finally published, it is important that we can be certain that it is accurate and properly captures what is going on in our Crown courts and that we can all have confidence in it. In fairness, the last Government did pick up on this problem. I am determined that it will be resolved and that the data will ultimately be published.

• 17 Oct 2024 · Criminal Justice System: Capacity · Hansard source

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  I reiterate my previous remarks on what has happened to Crown court sitting days, but I do not think it is helpful for me to speculate on who is ultimately responsible. It is clear that the concordat process has not worked as it should. As I said, the first process that I conduct as Lord Chancellor will not have those issues. An agreement was reached and it has to be stuck to. I am sure that all those in the system are worried about the impact on victims—they are the ones who will be waiting longer. As I said, although reports have suggested that up to 5,000 sitting days have been cancelled, the number is more like 1,600, and the changes we have announced today will free up capacity in the Crown courts. I am very interested in the role that AI and other technology and digital solutions can play in increasing efficiency and productivity in the Crown court system and the court system more broadly. That is subject to discussions in relation to the Budget and the spending review. I hope to update the House in due course.

• 17 Oct 2024 · Criminal Justice System: Capacity · Hansard source

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  My hon. Friend is absolutely right. There must always be space in our prisons to lock up the most dangerous offenders. We must always place public protection above all other considerations when it comes to dangerous violent offenders. When we have a capacity crisis as acute as the one I inherited, we unfortunately have to also consider alternatives, simply because running out of space is no option at all. I reiterate the remarks I made earlier: punishment and rehabilitation have to go together. It is not a choice between one or the other. They are two sides of the same coin and the Government are determined to make progress on both.

• 17 Oct 2024 · Criminal Justice System: Capacity · Hansard source

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  We will of course look at improved literacy and other skills within our prison estate. The problem with running a prison estate as hot as the previous Government did, and so full to the brim, is that when we are so badly overcrowded and prisoners are locked up for 23 hours every day, there is very little other work we can do to help prisoners rehabilitate. Dealing with the capacity crisis will enable us to have a better performance and better track record on rehabilitation, which is crucial if we are ultimately to reduce the number of victims in future and cut crime.

• 17 Oct 2024 · Criminal Justice System: Capacity · Hansard source

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  I thank the hon. Member for his questions. I am very aware of the number of places in our prison estate, and we had a particularly difficult moment before the last bank holiday, in August, when we came down to fewer than 100. However, as a result of the measures we have taken on SDS40, there is now some space and some capacity in our prison system. It is important that we use this opportunity also to bear down on the remand population and to deal with the Crown court backlog. This is a delicate balancing exercise, and it is one that I will personally be keeping a close eye on and keeping under review. However, I think that the measure we have announced is ultimately the right one, because it helps us with our prison capacity challenges. As a result, we will have the prison places where we need them—in the reception prisons—and we can start moving people out to other parts of the estate, which is not possible until cases are heard. I am confident that we have the capacity in the magistrates courts to deal with the additional workload. Again, I will be keeping that under review. The hon. Member is right: 80% of offenders are actually reoffenders. This country has a real problem with failing to rehabilitate offenders, and our record on reducing reoffending is not as strong as it should be. Prison has a place, and it is really important that people who break our laws are properly punished. That is necessary for the public to maintain confidence in our system and for law-abiding citizens to feel that there are consequences when our laws are broken. There is no doubt in my mind that punishment and prison are important, but they go hand in hand with rehabilitation. I do not think there is a choice to be made between punishment and rehabilitation—they are two sides of the same coin, and we have to have both. This Government are determined to have a better track record on both punishment and rehabilitation compared with anything that has gone on in the previous 14 years. Let me gently say that it is not the case that magistrates courts send more people to prison. Following the previous change the courts were able to run through cases faster, and because the previous Government had not created capacity in the prison estate, the pressure on prison places became acute and the measure had to be dropped back to six months—the shadow Lord Chancellor might wish to offer further comments on that. That is what happened and what I expect to happen again.

• 17 Oct 2024 · Criminal Justice System: Capacity · Hansard source

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  Let me reassure the hon. Member that we place great importance in the victim’s experience. This Government will strengthen that further and ensure that victims are not further traumatised by their experience of seeking justice. Victim impact statements have an important role to play. The victims Minister, my hon. Friend the Member for Pontypridd (Alex Davies-Jones), recently met Victim Support and other groups. This is a really important piece of work for the Government, and I know the hon. Member will hold us to account on our track record. I am very aware of the impact of delays in the system on victims, which is why we are making the changes today. We will make more progress to bring those delays down.

• 17 Oct 2024 · Criminal Justice System: Capacity · Hansard source

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  It is almost as if the shadow Lord Chancellor was not, in fact, a Minister in the Ministry of Justice just a few short months ago. Let me remind him of a few salient facts. First, on Crown court sitting days, I will not accept any suggestion or allegation from him that this Government have cut sitting days or trials in the Crown court. That is entirely untrue. As he knows, or ought to know, perfectly well—I am sure he can check with the former Lord Chancellor—on 28 June, the last Government and the last Lord Chancellor determined how many days the judges could sit this year. Since then, this Government have increased the number of sitting days by 500. As there is clearly some confusion here, it is important that I set the record straight. Every year, the Government and the judiciary agree a number of sitting days, and an overall budget to fund those sitting days, in what is known as the concordat process. In June, the judiciary reached an agreement with the former Lord Chancellor to sit 106,000 days in the Crown court, with a total budget of £275 million. It has become clear that there has been over-listing against that budget, with more trials scheduled than the funding allowed for. As a result, some cases have had to be delisted, although far fewer than some recent reporting has suggested—it was claimed that around 5,000 sitting days were being cancelled, and I know that the shadow Lord Chancellor had some other numbers in his remarks. In fact, as I understand it, the number is more like 1,600 sitting days. Although misleading reports have abounded, one thing is clear: the concordat process has not worked as it should. I can assure the House that the first concordat process on my watch will be very different, and such confusions will not occur again. The shadow Lord Chancellor asked a number of questions relating to the impact assessment for the changes announced today. I will publish all the usual impact assessments when the statutory instrument is published. As I said in my opening remarks, we expect an initial impact on prison places, but over time we expect that to come down. We have a little more space in prisons because of the action we have taken to stabilise the pressure on prison places. It is a sensible measure to then take the opportunity to bear down on the Crown court backlog by providing the extra 2,000 sitting days that this change will allow, while also bearing down further on our remand population. As the shadow Lord Chancellor will know, the exact numbers are difficult to model because listing is a matter for the judiciary. Some of those on remand will ultimately be found not guilty and some will be found guilty and sentenced, and the whole range of sentencing measures is available to the independent judiciary. But we expect to make some progress on the remand population and, crucially, to be able to move people from the reception estate into the rest of the prison estate, thereby helping us to make sure we have the prison places where we need them. I can also confirm that all of the 37 people released in error because of being incorrectly sentenced are now back in custody.

• 17 Oct 2024 · Criminal Justice System: Capacity · Hansard source

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  My hon. Friend is absolutely right. Legal aid underpins our system of justice and access to justice. Stabilising the situation in relation to legal aid is a key priority for the Government.

• 17 Oct 2024 · Criminal Justice System: Capacity · Hansard source

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  The introduction of independent legal advocates for rape victims will, we believe, ensure that the rights that victims already have will be enforced, and in such a way as to give them the confidence to continue with their cases. This is a key priority policy for our party and for the Government, and I will be very pleased to be able to roll it out over the coming months and years. It is a significant change to our legal system. It will be the first time that independent legal advice is given to a type of victim. We think that is incredibly important, because rape victims lose confidence in the process and are often re-traumatised by the process of seeking justice. The independent legal advocates will try to ensure that the scales of justice are rebalanced and that victims have a fair shot at having their already existing legal rights enforced.

• 17 Oct 2024 · Criminal Justice System: Capacity · Hansard source

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  I thank my hon. Friend for his question. Serco’s performance is unacceptable. We are having daily meetings with it to ensure it recovers the position. I have made it clear that improved performance is an absolutely priority. We are already imposing financial penalties, given its performance to date, and we will not hesitate to trigger relevant contractual penalties if it does not improve.

• 17 Oct 2024 · Criminal Justice System: Capacity · Hansard source

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  I think this is my first chance in the House to welcome my hon. Friend to his new position as Chair of the Justice Committee. Let me deal with Crown court data first. In fairness to the previous Government, they discovered this error prior to the conclusion of their term in office. When I came in, I was made aware of the issue with Crown court data. I ordered further investigation and examination of the issues. It is clear that a number of problems with the data—a number of errors and other issues—need to be resolved. We will make sure that it is published when we can be sure that it is accurate and that all those errors have been finally resolved. Clearly, the situation is unacceptable. I am in discussion with the Lady Chief Justice about the need for a full external audit of Crown court data, because I think we can all agree that that data must be accurate. We clearly must do more to restore confidence in the reporting process, and I will update the House further in due course.

• 17 Oct 2024 · Criminal Justice System: Capacity · Hansard source

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  One of the reasons why I am determined to get to the bottom of what has gone wrong, and to ensure that all errors and accuracy issues are dealt with, is so that we have comprehensive data that we can rely upon. We know that the Crown court backlog is at historic levels. Sadly, I do not think that any assurance work on the data will suddenly bring that down—I suspect it is more likely to go up—but it is important to establish the true scale of that backlog, because this House needs to know exactly what it looks like so that it can hold the Government to account on their efforts to bring it down. We cannot do that unless we know its exact size. Sadly, I suspect it will remain at the historic levels that we have inherited—I do not think it will come down by much.

• 17 Oct 2024 · Criminal Justice System: Capacity · Hansard source

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  I thank the right hon. Member for the spirit in which he made his remarks. I hope that where consensus is possible on a cross-party basis across this House, we are able to work together, because this is a national problem that will require us all to come together to solve it. I will track down his letter and ensure that he gets a full response and a meeting.

• 17 Oct 2024 · Criminal Justice System: Capacity · Hansard source

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  I am very sorry to hear about the experience of my hon. Friend’s constituent. I have many such instances of unacceptable delays for hearing cases in my own constituency caseload. I hope that the measures that I have announced today will begin to ease some of that pressure, because making this change will free up around 2,000 sitting days in the Crown court. This Government have funded an additional 500 beyond the concordat process agreement that was reached by the previous Government in June. I am determined to make more progress in dealing with the Crown court backlog so that constituents such as my hon. Friend’s do not have to wait so many years for their cases to be heard and, ultimately, for justice to be done.

• 17 Oct 2024 · Criminal Justice System: Capacity · Hansard source

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  It is clear that the position I have inherited from my predecessors was shocking and completely unacceptable. We were, simply, one bad day away from total disaster in our criminal justice system. That is why, since we formed the Government, we have been making the difficult choices necessary to stabilise our criminal justice system and stabilise the situation in our prisons, so we can restore the system to one that the public can rightly have confidence in.

• 10 Sept 2024 · Recent Disorder · Hansard source

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  I thank my hon. Friend for that question. It is of course crucial that courts are in a position where the building—the infrastructure itself—does not prevent them from being able to sit. It will be a priority for this Government to resolve those issues, so that cases can be heard and victims can be given the justice that they deserve.

• 10 Sept 2024 · Recent Disorder · Hansard source

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  The criminal justice system rose to the challenge brought about by the violent disorder we saw over the summer. As of 22 August, 576 individuals have been brought before the courts. Of those, 123 have been given a custodial sentence by the Crown court.

• 10 Sept 2024 · Recent Disorder · Hansard source

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  I would happily give way to anybody on the Opposition Benches if they would like to take up the invitation to offer an apology, but I do not think one will be forthcoming. I certainly do think that one is required given the state of the prison system that we have inherited, but it is our job to make sure that that never happens again. That is why we will be launching a review into how the current position was allowed to come to pass. The Conservative party ignored all the warnings, putting political gain ahead of the country’s best interests, and it will fall to this Government to fix it.

• 10 Sept 2024 · Recent Disorder · Hansard source

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  I think the hon. Member is guilty of wilful ignorance. He will know full well that the prison system that we inherited was on the point of collapse. The fact that some prison build that was already in course was able to be brought on line a little earlier to help us get over the crisis of the summer is testament to the people working at the frontline to make sure that those prison spaces were available, but we are still short of prison capacity. Prisons are still at over 99% capacity, and that is the legacy left by his Government. He will know that we have important exclusions to the SDS40 policy, and he will know that the offence and the sentence are both taken into account. I will not give a running commentary on exactly which sentences and which offenders are affected, but he knows what exclusions are in place.

• 10 Sept 2024 · Topical Questions · Hansard source

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  I am not aware of the correspondence to which the hon. Lady has referred, but I will chase it up and ensure that she receives a comprehensive response.

• 10 Sept 2024 · Topical Questions · Hansard source

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  On taking office two months ago, it was immediately clear that we had inherited a prison system at the point of collapse. That is why our emergency action, which will see certain offenders leave prison a few weeks or months early, has proved necessary. The measure takes effect today. I pay tribute to the work of the Prison and Probation Service, which has gone above and beyond the call of duty both in responding to the violent disorder in recent weeks and in preparing for the introduction of those measures. This marks the beginning of a rescue effort—one that will, in time, allow us to rebuild and reform our justice system in the years ahead.

• 10 Sept 2024 · Topical Questions · Hansard source

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  Yes, I will.