Category: Criminal Justice

Priti Patel – 2022 Statement on Police Officer Pay and Allowances

The statement made by Priti Patel, the Home Secretary, in the House of Commons on 19 July 2022.

The eighth report of the Police Remuneration Review Body (PRRB) was published today. The body considered the pay and allowances for police officers up to and including the chief officer ranks in England and Wales. The Government value the independent and expert advice of the PRRB. We thank the Chair and members for their thoughtful commentary and observations.

Our police officers play a vital role in this country, fighting crime and keeping us safe. They do an extraordinary job under increasingly extraordinary circumstances, and it is right that they are fairly rewarded.

The review body recommends a consolidated increase of £1,900 to all police officer pay points for all ranks from 1 September 2022, equivalent to 5% overall. It is targeted at those on the lowest pay points to provide an uplift of up to 8.8%, and between 0.6% and 1.8% for those on the highest pay points. The Government recognise that increases in the cost of living are having a significant impact on the lower paid. It is within this context and after careful consideration that we have chosen to accept this recommendation in full. As at March 2022 there are 142,526 police officers who will receive this consolidated increase.

The PRRB also recommends that the Police Constable Degree Apprentice minimum starting salary—currently £19,164—should be raised to pay point 0—£23,556 with effect from 1 September 2022. This recommendation is accepted in full.

The review body further recommends an increase to London weighting and the dog handlers’ allowance of 5%; and that parties should review the requirement and appropriate level for the dog handlers’ allowance. These recommendations are also accepted in full.

To support this, the Home Office will, from within its existing budgets, provide forces with additional funding for pay over the spending review period of at least £70 million in 2022-23, £140 million in 2023-24 and £140 million in 2024-25.

Pay awards this year strike a careful balance between recognising the vital importance of public sector workers, while delivering value for the taxpayer, not increasing the country’s debt further, and being careful not to drive even higher prices in the future. Sustained higher levels of inflation would have a far bigger impact on people’s real incomes in the long run than the proportionate and balanced pay increases recommended by the independent pay review bodies now. These awards should be viewed in parallel with the Government’s £37 billion package of wider support for the cost of living, which is targeted towards those most in need.

Most overall pay awards in the public sector are similar to those in the private sector. Survey data suggests the median private sector pay settlement, which is the metric most comparable to these pay review body decisions, was 4% in the three months to May. Median full-time salaries are higher in the public sector, and public sector workers also benefit from some of the most generous pensions available.

July 26, 2022
Priti Patel – 2022 Statement on the Metropolitan Police Commissioner Appointment

The statement made by Priti Patel, the Home Secretary, on 11 July 2022.

I am pleased to announce that Her Majesty the Queen has approved the appointment of Sir Mark Rowley QPM as the new Commissioner of the Metropolitan Police Service, following my recommendation after a highly competitive recruitment process. I also had regard to the views of the Mayor of London, as occupant of the Mayor’s Office for Policing and Crime.

The Metropolitan Police Service faces major challenges, having been moved to the engage phase by Her Majesty’s Inspectorate of Constabulary and Fire and Rescue Services (HMICFRS), and needs to demonstrate sustained improvements in order to regain public trust in London and nationally. It is vital that the right person is in place to take on the biggest leadership role in policing in this country. I expect the new commissioner to work with HMICFRS’s policing performance oversight group to make the necessary improvements.

Sir Mark brings a wealth of experience with him and I am confident he will be able to exercise the strong and decisive leadership required, in order to deliver the sustained improvements that are so urgently needed. This will be a difficult time for the force as it seeks to regain the public’s trust, but I am confident that Sir Mark is the right person to meet this challenge.

At a time when the Government are investing record sums into policing—including the recruitment of 20,000 additional police officers across England and Wales—the new commissioner will need to focus on delivering the aims we set out in our Beating Crime Plan: cutting crime, reducing the number of victims and make our capital and country safer. But, reflecting the context in which this recruitment has been made, I also want the new commissioner to focus on getting the basics right, restoring confidence in policing, and ensuring that Londoners and those who visit our capital city get the service they deserve from the Metropolitan police.

Support for police is often based on personal experience, and the public have a set of basic expectations of the criminal justice system. They expect to be able to contact their local police, knowing their names and how to reach them. They want to see police in their neighbourhood confronting crime and making streets safer. They expect crimes to be investigated, offenders caught and punished, and when a case proceeds for justice to be swift and certain. The Beating Crime Plan outlines our approach to this, but to be successful the new commissioner must embed the aims and objectives in wider strategic plans.

While it is the responsibility of the Mayor to hold the commissioner to account for the Metropolitan police’s transformation, I will be closely monitoring progress. I look forward to working with them both to drive real change in the force. The public deserve nothing less.

July 12, 2022
Sadiq Khan – 2022 Statement on Appointment of Mark Rowley as Commissioner of the Metropolitan Police

The statement made by Sadiq Khan, the Mayor of London, on 8 July 2022.

The Home Secretary and I have agreed that Sir Mark Rowley is the best person to lead the Metropolitan Police as the new Commissioner at this extremely challenging time.

A series of appalling scandals have not only exposed deep cultural problems within the Met but have contributed to a crisis of confidence in London’s police service. Sir Mark has made clear to me that he is determined to be a reforming Commissioner, committed to implementing a robust plan to rebuild trust and confidence in the police and to drive through the urgent reforms and step change in culture and performance Londoners deserve. As Mayor, I will support and hold him to these promises as I continue to hold the Met to account.

Sir Mark has demonstrated to me that he is the outstanding candidate for this role. He brings a wealth of great experience to the position, including exceptional leadership during the 2017 terror attacks and a genuine commitment to increasing engagement with diverse communities across our city. The experience he has gained outside policing over the last 4 years will also bring a valuable new perspective to the Met. Above all, he is committed to policing by consent and shares my ambition to get to a place where all Londoners feel protected and served, and where we have a police force that everyone – including the many brave and dedicated officers in our city – can be proud of.

I look forward to supporting Sir Mark Rowley and working closely with the Home Secretary as we work to restore trust and confidence in the police, ensure that the Met gets the basics of policing right, and build on the significant success we have made in driving down violence and crime in our city.

July 9, 2022
Mark Rowley – 2022 Comments on His Appointment as the Commissioner of the Metropolitan Police

The comments made by Mark Rowley on 9 July 2022, following the announcement of his appointment as the next Commissioner of the Metropolitan Police.

I feel deeply honoured to be appointed to be the next Metropolitan Police Commissioner. Our mission is to lead the renewal of policing by consent which has been so heavily dented in recent years as trust and confidence have fallen.

I am grateful that the Home Secretary and Mayor are both determined to support the urgent reforms we need to deliver successful community crimefighting in today’s fast-moving world. These reforms include our use of technology and data, our culture and our policing approach. We will fight crime with communities – not unilaterally dispense tactics.

I also know that the majority of officers and staff retain an extraordinary sense of vocation and determination and want us to do better. It is my job to help them do that, whilst also being ruthless in removing those who are corrupting our integrity.

We will deliver more trust, less crime and high standards for London and beyond and we will work with London’s diverse communities as we together renew the uniquely British invention of ‘policing by consent’.

July 9, 2022
Priti Patel – 2022 Statement on Appointment of Mark Rowley as Commissioner of the Metropolitan Police

The statement made by Priti Patel, the Home Secretary, on 8 July 2022.

Sir Mark Rowley is a distinguished and exceptionally experienced police officer, having served the people of the West Midlands and Surrey before guiding the capital through some of its most challenging moments in the wake of the 2017 terror attacks, as the Met’s then head of counter-terrorism.

He now takes on one of the most important and demanding jobs in policing, leading the country’s largest force at a time when public trust in the Metropolitan Police has been severely undermined by a number of significant failings. Rebuilding public trust and delivering on crime reduction must be his priority.

This will be a challenging period, but with a focus on tackling neighbourhood crime and delivering the basics of policing, Sir Mark is committed to tackling the significant challenges confronting the force and to making London’s streets safer by driving down crime and bringing more criminals to justice.

As the largest police force in the country, we have supported the Met to recruit 2,599 extra police officers and increased their annual policing budget to £3.24 billion in 2022 to 2023. I look forward to working closely with Sir Mark to ensure this investment drives essential change to ensure the force delivers for the people of London.

July 9, 2022
James Cartlidge – 2022 Statement on Criminal Legal Aid

The statement made by James Cartlidge, the Parliamentary Under-Secretary of State for Justice, in the House of Commons on 30 June 2022.

In December the Independent Review of Criminal Legal Aid made clear the need for fee reform. Among a number of recommendations, the review called for an immediate pay increase of £135 million across the various criminal legal aid fee schemes. In response to these recommendations, in March, we consulted on proposals that would mark the most significant reform to criminal legal aid in more than a decade—and would include an additional investment of £135 million.

Our reforms are twofold. First, addressing the immediate fee increase as called for by the representative bodies, and second, focusing on longer term systemic change. We took this approach precisely because we recognise the urgent need for fee reform, and so we can act swiftly and decisively in the interests of our criminal legal profession. We have been working hard to analyse the responses of all stakeholders, so all our decisions are rooted in evidence. We will be publishing our formal response in due course, but I can confirm that we will be implementing a fee increase of 15% across the majority of fee schemes.

As set out in the consultation, there are a small number of schemes we are not uplifting at this stage. This includes the uplift to payment related to pages of prosecution evidence which the review found to encourage “perverse incentives”. We will be looking at how to address this as part of our longer term reforms and have set aside £20 million for those reforms initially. As well as reform to fee schemes we are considering wider issues, such as the potential roll-out of the successful “opt out” pilot for children, currently taking place at Brixton and Wembley police stations.

We want to make sure practitioners get paid properly for all the work they do. So, in addition to increasing fees, we are extending the scope of payment for pre-charge engagement work to cover work done ahead of an agreement, or where an agreement is not reached, in appropriate cases, in line with the Attorney General’s disclosure guidelines. We also intend to abolish fixed fees where individuals elect to have their case heard at the Crown court, and go on to plead guilty. We will lay a statutory instrument by 21 July, which will bring these changes into effect on 30 September this year. Considering the parliamentary process and operational changes required to do this, this is the quickest we are able to deliver this uplift. Solicitors and barristers will start to receive increased fees this year and our modelling suggests that over two thirds of the additional funding will have entered the system within the first year.

Our response to the longer term proposals, including details on the longer term funding and structural graduated fees schemes reform, will be published in the autumn, driven by the evidence in our consultation. Of course, we want to continue engaging with key stakeholders, including the Bar Council and Law Society as we develop our final policies. We are also considering the role of an advisory board as recommended by the review and plan to work closely with the Law Society and the Bar Council to design it with the intention of ensuring legal aid keeps pace with a modern justice system. Further details on the board including a terms of reference will be published in the autumn. If implemented, our longer term changes are good news for the criminal legal profession, helping us to build a sustainable sector that is fit for the future. Most importantly, they are good news for victims and everyone relying on the criminal justice system.

July 2, 2022
Sarah Jones – 2022 Speech on the Metropolitan Police Service

The speech made by Sarah Jones, the Labour MP for Croydon Central, in the House of Commons on 29 June 2022.

May I add my condolences to the family of Zara Aleena after her horrific murder?

I am deeply disappointed with the Minister, who shared with us a statement that included none of the political attacks on the Mayor of London that we have just heard. The statement that we were sent was much shorter, and it contained not a single political attack on the Mayor of London. That is very bad form, as I am sure you would agree, Madam Deputy Speaker, and it is not how things should be done.

Madam Deputy Speaker (Dame Rosie Winterton)

Order. I interrupt the hon. Lady to say that this is unusual. I also have a slightly different statement. It is expected that the Opposition have the statement that is actually given. I say this as a reminder for future reference.

Sarah Jones

Thank you, Madam Deputy Speaker.

Many of us will have heard this morning and last night the dignified and gracious interviews with Mina Smallman following the announcement that Her Majesty’s inspectorate is moving the Metropolitan police into what is called an “engage” phase. The way that the disappearance and then the deaths of Mina’s daughters were investigated, and the fact that altered images of their bodies were shared widely by some officers, have come to epitomise the problems within the Met that we, the Mayor of London and London residents have been so concerned about for some time.

We know that tens of thousands of people work in the Met and, of course, we know that so many have that sense of public duty that reflects the incredibly important job that they do. They have been let down by poor leadership, lack of resources and an acceptance of poor behaviour. It is for them, as well as for victims and the wider public, that we seek to drive forward improvements.

The announcement yesterday comes after a long list of serious conduct failures from the Metropolitan police: the murder of Sarah Everard by a serving Met officer, the conduct of officers following the murder of Bibaa Henry and Nicole Smallman, the strip-searching of children such as Child Q, the conduct unveiled in the report of the Independent Office for Police Conduct into the Charing Cross police station and the

“seemingly incomprehensible failures to recognise and treat appropriately a series of suspicious deaths in the Stephen Port case”.

The list of failings from the inspectorate makes for grim reading and goes way beyond those more high-profile cases: it includes performance falling far short of national standards, a barely adequate standard of crime recording and the quality of basic supervision to officers. All that has undermined public trust, and we all have a role to play in building that trust back up. As the Mayor of London has said, a first and crucial step for the new commissioner will be to start rebuilding trust and credibility in our communities.

The Minister’s announcement about what needs to be done is incredibly weak. He talks about support for victims, but where is the victims’ law that the Government have been promising for years? We know there is a massive increase across the country in the number of cases collapsing because victims drop out—on his watch. He talks about reform to comprehensively address the strip searches on children, but he has totally failed to bring forward the new guidance on strip searches that we have been calling for for months. He talks about reforming culture, but he only refers to two long-term inquiries that may not provide answers, even though we know that action is needed now.

The Minister is right that the system for holding forces to account has worked in this case, but we need change to follow. We need a national overhaul of police training and standards. There is much to be done on leadership. We need a new vetting system. We need to overhaul misconduct cases, with time limits on cases. We need new rules on social media use. We need robust structures for internal reporting to be made and taken seriously, and we need new expected standards on support for victims, investigation of crimes, and internal culture and management. That is for the Home Office to lead.

The Met cut its police constable to sergeant supervision ratio after the Conservatives cut policing, and after the Olympics—when the Minister was deputy mayor—it was cut more than any other force. A police sergeant said this morning:

“I do not have a single officer that I supervise that has over 3 years’ service, so not a single officer that policed pre Covid.”

Does the Minister now accept that, no matter how much he promises in terms of new, young and inexperienced officers right now, the Met and forces across the country are still suffering from the loss of 20,000 experienced officers that his Government cut?

Policing should be an example to the rest of society, and supporting our police means holding officers and forces to the highest possible standards. The concerns today are about the Met, but we know there are problems in other forces, too. Can the Minister confirm how many other forces are in this “engage” phase, and which forces they are? Can he outline what the steps the Home Office is taking now to drive up standards in the police across the country?

The British style of policing depends on public trust. The public deserve a police service that they not only trust, but can be proud of. Victims need an efficient and effective force to get them justice. Our officers deserve to work in a climate without bullying, toxic cultures. We need to see urgent reforms. The Government can no longer leave our police facing a perfect storm of challenges and fail to lead that change.

July 2, 2022
Kit Malthouse – 2022 Statement on the Metropolitan Police Service

The statement made by Kit Malthouse, the Minister for Crime and Policing, in the House of Commons on 29 June 2022.

May I start by expressing my condolences to the family of Zara Aleena? We were all shocked by her horrific killing in the past few days, and our thoughts and prayers are with her loved ones.

With permission, Madam Deputy Speaker, I would like to make a statement about the Metropolitan Police Service, following the decision yesterday of Her Majesty’s inspectorate of constabulary and fire and rescue services to place the service in the “engage” process, which has been described as a form of special measures.

The public put their trust in the police and have every right to expect the country’s largest force to protect them effectively and carry out their duties to the very highest professional standards. The public expect the police to get the basics right. Although very many Metropolitan police officers do exactly that, it is clear that the service is falling short of these expectations and that public confidence has been severely undermined.

The Government support the action that the inspectorate has taken to escalate the force into special measures and address where it is falling short. The public also elected a Mayor to bring governance and accountability in their name, and I now expect the Mayor of London, as the police and crime commissioner, to act swiftly to ensure that he and the force deliver improvements, win back public trust and make London’s streets safer. We expect him to provide an urgent update explaining how he plans to fix this as soon as possible.

Now is not the time for the Mayor to distance himself from the Met. He must lean in and share responsibility for a failure of governance and the work needed to put it right. Over the past three years, this Government have overseen the largest funding boost for policing in a decade, and we are well on the way to recruiting an extra 20,000 police officers nationally, with 2,599 already recruited by the Metropolitan police, giving them the highest ever number of officers.

By contrast, as many Londoners will attest, the Mayor has been asleep at the wheel and is letting the city down. Teenage homicides in London were the highest that they have ever been in the past year, and 23% of all knife crime takes place in London, despite its having only 15% of the UK population. The Mayor must acknowledge that he has profound questions to answer. He cannot be passive and continue as he has. He must get a grip.

There are many areas of remarkable expertise and performance in the Met, and, in many areas, the Met is understandably the best in the world. However, there have been persistent Met failures on child protection, and, earlier this year, following the catalogue of errors found by the independent panel, which looked at the investigations into the murder of Daniel Morgan, the inspectorate issued a damning report on the Met’s approach to tackling corruption. There have been exchanges of extremely offensive messages between officers, and, of course, we had the truly devastating murder of Sarah Everard by a serving officer.

It is reported that the inspectorate has raised a number of further concerns in its recent letter to the Metropolitan police. It makes for sorry reading, I am afraid. The inspectorate reportedly finds that the force is falling short of national standards for the handling of emergency and non-emergency calls, and that there are too many instances of failure to assess vulnerability and repeated victimisation. An estimated 69,000 crimes go unrecorded each year, less than half of crimes are recorded within 24 hours and almost no crimes are recorded when victims report antisocial behaviour against them. The inspectorate has also found that victims are not getting enough information or support.

Other concerns are thought to include disjointed public protection governance arrangements; insufficient capacity to meet demand in several functions, including high-risk ones such as public protection; and a persistently large backlog of online child abuse referrals. The inspectorate also highlights an insufficient understanding of the force’s training requirements, and the list is not exhaustive. This has all undermined public confidence in the Metropolitan Police Service, and we have not heard enough from the Mayor about what he plans to do about it. Blaming everyone else will just not do this time. [Interruption.] I am glad that hon. Members find this amusing, but I am afraid this is not funny.

As I have already said, it is vital that policing gets the basics right and that there is proper accountability for those in charge. Every victim of crime deserves to be treated with dignity, and every investigation and prosecution must be conducted thoroughly and professionally, in line with the victims code. Recent reports of strip searches being used on children are deeply concerning and need to be addressed comprehensively. We have a cherished model of policing by consent. The police force is a service—a public service—and the public must have confidence in it. Plainly, things have to change.

The Government are working closely with the policing system as a whole to rewire police culture, integrity, and performance. Last October, my right hon. Friend the Home Secretary announced an independent inquiry to investigate the issues raised by the conviction of Wayne Couzens for the murder of Sarah Everard. In the same month, the Metropolitan police commissioned Baroness Casey of Blackstock to lead an independent and far-reaching review into its culture and standards. We also welcome the College of Policing’s new national leadership standards, which are aimed at ensuring continuous professional development. Policing is a very difficult job and demands the highest possible training standards.

The process to recruit a new Metropolitan Police Commissioner is well under way and the Government have made it crystal clear that the successful candidate must deliver major and sustained improvements. The whole country, not just London, needs to know that our biggest police force is getting its act together. The Mayor of London, supported by his deputy mayor for policing and crime—a role that I once had the privilege to hold—is directly responsible for holding the commissioner and the Metropolitan police to account. Notwithstanding what Opposition Members think, the Mayor needs to raise his game. He has an awesome responsibility which he has hitherto neglected, in my view.

This is not an insurmountable problem, but it is extremely serious. Trust has not been shattered beyond repair, but it is badly broken and needs strong leadership to fix it. Through the police performance and oversight group, the Government look forward to seeing the Metropolitan police engage with the inspectorate and produce a comprehensive action plan to sort this out, and be held to account by City Hall.

The national system for holding forces to account and monitoring force performance is working well. Sunlight is the best disinfectant, and every public service must be held to account. I am grateful to the inspectorate for its work. It now falls to the Metropolitan police and to the Mayor of London to make things right. Given my admiration of so many who work in the Met, it is with some personal sadness that I commend this statement to the House.

July 2, 2022
Lyn Brown – 2022 Speech on Community Payback

The speech made by Lyn Brown, the Labour MP for West Ham, in the House of Commons on 28 June 2022.

This debate is about how we provide security for our communities and justice for victims. It is also about getting real about why so many crimes are happening, why so many victims are being harmed and why the wounds are not being helped to heal. We know about how the Tory austerity cuts to our courts helped to create a massive backlog even before the pandemic. We know how victims are waiting years for justice and how so many are dropping out of the system because they cannot have cases hanging over their heads any longer. We also know how suspects waiting month after month in custody or on bail just creates the conditions for further crime.

We are talking about community sentences and the role that they can play in providing justice, in repairing the damage that crime causes to our communities and in stopping reoffending by dealing with some of its causes. My hon. Friend the Member for Lewisham West and Penge (Ellie Reeves) laid out the facts: the number and percentage of community sentences in our justice system have declined in the past 10 years—even before the pandemic. The Ministry of Justice’s own research shows that community sentences are associated with lower reoffending than short prison sentences, which are often the alternative, and that community sentences cost 10 times less than a prison place. When our prisons are as underfunded, dangerous, overcrowded and devoid of rehabilitation as so many are today, that is no bad thing. Community sentences are a win-win, as they have lower reoffending rates and they are cheaper.

Andrew Gwynne

My hon. Friend is making an excellent speech. There is another bonus because, when community sentences are done correctly, they provide payback—the clue is in the name—to communities affected by crime and they provide a form of restorative justice to victims of crime. A price cannot be put on that. It is justice in action, is it not?

Ms Brown

My hon. Friend is absolutely right. Community sentences work because they include punishment while maintaining a link to the community and enabling progress on the problems that drive crime in the first place. The link to the community is perhaps the most important thing, because it helps people to maintain the hope that is necessary to change their life. Community payback orders can give people experience of work that helps their neighbourhood to thrive. The work can and should be hard, but it should also be rewarding, which can, in and of itself, create a motivation for further change.

What are the barriers to making this kind of sentence work well? A lack of investment in the probation service is part of the problem. When I was a shadow probation Minister, I frequently heard of probation staff taking on huge, extraordinary numbers of cases. Good, valued probation staff are not just an early warning system for when an individual is going off the rails; they are agents of hope, healing and personal change. That can only happen if professionals are given the time and resources to develop the real relationships that are essential if we are to turn lives around. It is about understanding the needs, vulnerabilities and risks of the people they are supervising. We need probation staff who organise unpaid work to have good links with employers, councils, colleges and local charities. They need a range of opportunities to be available so they can tailor the service to a person’s skills and needs. Most of all, they need the necessary time and trust to inform the courts of the most effective, most appropriate and fairest type of sentence.

Grahame Morris

My hon. Friend hits the nail on the head. The Minister suggested that Opposition Members do not appreciate the work of probation officers, so will my hon. Friend please set the record straight? We really do appreciate the work of probation officers, and we acknowledge the hiatus caused by the privatisation of the probation service. I hope the Government will recognise the value of probation officers in the current pay talks.

Ms Brown

My hon. Friend is absolutely right. If we are to turn around people’s lives, and if we are to make a dent in the crime on our streets, we have to resource those who are working with people who often have immensely disorganised lives, who may have a history of trauma and who might need a proper intervention by social services or the probation service to enable them to put their life straight. All too often, the only contact we have with the probation service is to criticise it for not recognising that somebody is about to go off the rails or has already gone off the rails and for not having a close enough eye.

The reality is that our probation service needs the resources to work properly with the people in its care, as well as resources for healthcare, drug rehabilitation, alcohol dependency and so on to use as tools in its work.

Andy Carter

The hon. Lady is making an interesting speech. There are, of course, two elements to unpaid work—the punitive element and rehabilitation—so two levels of sentencing are imposed: rehabilitation activity requirements and unpaid work. It is important not to confuse the two, because unpaid work is usually the punitive element. She talks a lot about needs, which sit in the rehabilitation activity requirement.

Ms Brown

I genuinely think it is about seeing it in the whole. If I am doing unpaid work to clean up a graveyard, I can look back and see a graveyard that is in better nick because of my work and somebody could commend me for that work, which begins to build confidence and self-worth. Although there is the punitive element of taking hours away from my life and making me do a job that I do not particularly want to do because it is a bit nasty and a bit scuzzy, there will be appreciation from others and from me for a job well done. The two cannot be separated, so we should acknowledge and accept both bits with open arms and say that this is what we want to do, because it changes lives.

Good, valued probation staff are not just an early warning system; they are agents of hope and healing. I worry that unpaid work can be seen as a box-ticking exercise, and it is no surprise that courts and victims sometimes do not have confidence that it is a genuine form of justice. I am worried that the probation system, with its regional structures, is too remote from our local communities. There is not necessarily the transparency and accountability to create genuine confidence in what is happening.

I worked in local government for years before I came to this House, and I saw time and again how money and power can be sucked away from the local when there is a regional structure. Sometimes our regional structures are a bit too far away from the delivery on the ground. There are fabulous local and public organisations working in Newham that I would trust to do the job of putting people to work in a way that pays back the community and creates opportunities for offenders, but those organisations are too often shut out of these contracts because they are a bit too small, a bit too local and a bit too distant from the decision makers, whether in Westminster or Islington. It sometimes means the best are not employed to do the work that we all know could happen.

To illustrate what I have been trying to say, I will finish by talking about the group that is failed most by the criminal justice system. Women overwhelmingly end up before the courts for non-violent and non-sexual offences. In 2020, 72% of women sentenced to prison had committed a non-violent offence. These offences are usually driven by the legacy of abuse, trauma and exploitation, and we know from the Government’s own research that 60% of women entering prison have suffered domestic abuse, almost half have an alcohol problem and almost a third have a drug problem.

Let me be clear. Women do commit crimes and we have to respond by creating a justice system that supports them to escape the abuses, traumas and addictions that have put them where they are. Community sentences can be an important tool for women offenders. They can help women to face up to and deal with their addictions. They include unpaid work that builds a woman’s skills, confidence and ambition. We have to face reality: if we do not give a community sentence, the alternative is a short prison sentence, which can make the problems that drive women’s offending so much worse.

Let me give an example. Many women who commit crimes are in a desperate situation due to homelessness. They then go into prison and, if they had a tenancy, they lose it. When they are out of prison, as many as two thirds do not have a safe home to go to. Most prison sentences for women are very short—70% are for less than a year. In the system in which we are working, that, frankly, does not give professionals enough time to respond to individual needs and provide the necessary treatments that will enable a woman to make a success of her life once she is released. For instance, it is not possible in that time, in the big structures in which we are working, to get a woman on to drug rehabilitation and alcohol dependency courses and provide the facilities and resources that she needs to turn her life around.

Alexander Stafford

I am trying to follow the hon. Lady’s logic. Is she saying that every woman—I know this is about women, rather than men—who commits relatively minor crimes such as shoplifting, mugging or assault, which still have victims, should not be sent to jail? I do not think we should screen people out because they are male or female. If someone commits a crime, they should go to jail, if that is appropriate. If the argument is that sentences are too short, let us make them longer so that there is chance to be rehabilitated in jail where the criminals belong.

Ms Brown

Let me help the hon. Gentleman. The Government have a female offender strategy, and what I am speaking about is not outwith the philosophy and principles in his Government’s strategy. It is massively understood that there are many and complex reasons why women find themselves in a situation where they can be imprisoned for between three and six months. Many such women will have responsibility for children. Their incarceration destroys the home for that child. It destroys their having a stable place to be. It often means that the child, although there may be no such predisposition previously, has that trauma to carry with them, which can have lifelong consequences.

If the hon. Gentleman believes that payback is a reasonable way of dealing with this, let us think about non-violent offenders and how we can use payback and community orders to reduce crime. The thing about payback orders is that they work. I want to see fewer victims. Therefore, I want to see less crime, so how do I get less crime? We are saying that payback orders can get us to a situation where there is less crime because reoffending rates are not as high as they otherwise would be.

There is a constant churn in prisons, with staff desperately trying to establish relationships but then losing them again. Let us imagine that a staff member meets somebody they could finally support in changing their life. Let us imagine that staff member making promises to that person when they know that those promises cannot be kept because the person will be moving on again in a few weeks. It is simply impossible.

Justice that happens within women’s communities can avoid that terrible, wrenching disruption and provide long-term support, enabling women to stay closer to their support networks. Almost 60% of the women in prison have children. Research shows that they have a greater risk of becoming involved with the criminal justice system if their parent is placed into prison. It is no wonder that the rates of self-harm in women’s prisons have gone up over the past decade. Many offenders, but particularly women offenders, are trapped in terrible cycles of harm, abuse, crime and punishment. It is a revolving door of reoffending, and that reoffending, effectively, creates more victims.

I believe that community payback is the kind of innovation that we need. Local partnership working between victims, courts, charities, businesses, probation and other public services is exactly the kind of joined-up local working that, sadly, Conservative Governments have eroded over the years through austerity and the decline in community sentencing. It can be absolutely no surprise that we are all paying the price of increased reoffending, increased crime and more victims, and our communities are being denied justice on a catastrophic scale.

July 2, 2022
Kit Malthouse – 2022 Speech on Community Payback

The speech made by Kit Malthouse, the Minister for Crime and Policing, in the House of Commons on 28 June 2022.

I rise both perplexed and pleased to respond. First, I am perplexed because, in seven years in this House, I do not think I have heard quite such a series of distortions of events, or indeed such a naked use of a global pandemic to derive political advantage. I know that when the hon. Member for Lewisham West and Penge (Ellie Reeves) goes to tweet or Facebook the clips of her being outraged in this debate, she will point out—to her, no doubt, small number of viewers in Lewisham West and Penge—that the pandemic had an impact on the whole of the country, not least the criminal justice system.

I am also perplexed at the sudden reversal in the Labour party’s view of community payback. It was only a year ago that the former shadow Home Secretary, the right hon. Member for Hackney North and Stoke Newington (Ms Abbott), said that community payback

“has nothing to do with tackling crime”.

She accused us, in promoting community payback, of “stigmatising” certain sections of the community. She called our desire to have more community payback teams out in the community, doing exactly the kind of work that the hon. Member for Lewisham West and Penge now seems to celebrate, a “distasteful gimmick”, as did, at the same time, the now shadow Foreign Secretary, the right hon. Member for Tottenham (Mr Lammy). So while I welcome the hon. Lady’s conversion, it is the cause of some confusion. Perhaps we are in happier, more Blairite times in the Labour party now, under new leadership, although how long that will last I do not know.

Having said that, I am pleased to celebrate the work that has been done on community payback, particularly over the last year as it has roared back into life, and to take the opportunity to pay tribute to the outstanding work of our operational staff across England and Wales, who, in spite of a huge number of challenges, have continued to deliver projects day in and day out.

The community payback requirement is of course delivered in groups, sometimes indoors—painting and decorating schools for example—and covid-19 had a severe impact on our ability to deliver. I am afraid that resulted in a backlog of cases where hours have not been met 12 months after sentencing, which is a stipulation of the requirement. However, we are committed to ensuring that all eligible offenders who did not complete their community payback because of covid-19 will be required to meet their hours.

The hon. Member for Lewisham West and Penge, on whom I wanted to intervene, seemed to indicate that hours had been written off from community sentences. She may not be aware of this, but we are not able to write off community sentence hours as that is entirely a judicial decision. We have undertaken to present every single case where somebody goes over their 12-month requirement period back in front of a judge for them to take a decision—to extend the time limit, we hope, but at the very least for those people to complete their hours.

Andy Carter (Warrington South) (Con)

My hon. Friend is absolutely right. I sat as a magistrate in a breach court in Merseyside last week, hearing from the probation service on cases that it had not been possible to complete in a certain period of time, and the periods for delivery of that community payback were being extended. A point was made from the Opposition Benches that in Greater Manchester some payback cases were not being completed; of course where that is happening, the probation service can and does bring breach cases to court for magistrates to resentence or revoke the order.

Kit Malthouse

I salute my hon. Friend for doing his civic duty as a magistrate and he is right that these decisions are effectively for the independent judiciary and we are very limited in what we can do in terms of flexibility. My hon. Friend also rightly highlights that we regularly take those who fail to complete their community service requirement in front of judges for alternative sentencing or for reaffirmation of the sentence. I hope my hon. Friend made the right decision when sitting as a magistrate; I am sure he will have done.

In stark contrast, our brethren in Scotland decided, other than in certain cases, to write off 35% of the hours accumulated because of the covid-19 backlog. We in this part of the United Kingdom took a completely different decision, recognising the importance of sentencing both to victims and for rehabilitation and punitive purposes, so we are persisting. That does however mean that we have a backlog, but also that we had to develop some necessary solutions to make sure sentences were delivered despite social distancing regulations.

The independent working projects, which the hon. Member for Lewisham West and Penge mentioned, were introduced as a temporary delivery method in response to covid-19 restrictions and have enabled us to maximise delivery during the pandemic and as the probation service recovers from the impact of the pandemic. All the products created by offenders during these projects were for the benefit of the community or for local charities. They have included a range of robust and practical tasks such as producing hats and scarves for Ukrainian refugees and making face masks and personal protective equipment during the pandemic. I am sure the hon. Lady would not see those jobs as any less valuable than cleaning up a churchyard. Those projects are still being deployed in a limited and targeted way to support our recovery and will be phased out by the autumn.

We cannot shy away from the fact that the probation service and community payback were, like the rest of the country, deeply impacted by the pandemic. As a result we have built up a backlog of cases and we need to make sure those and future cases are all delivered within 12 months. We are boosting our delivery capacity and maximising our efficiency, and to do that we are investing an additional £93 million in community payback over the next three years.

Grahame Morris (Easington) (Lab)

On probation, I attended the justice unions parliamentary group yesterday and subsequently had discussions with members of Napo, the probation officers’ union. They were at pains to point out the huge caseload many of their members are carrying and the difficulties that presents in terms of assessing cases and identifying those suitable for community service and community payback.

Kit Malthouse

The hon. Gentleman is right that the probation service has a heavy caseload, and that is why we are in the process of recruiting significant numbers of new probation officers; there were 1,500, I think, last year with more to come in the year ahead. We have been given significant investment by the Government to expand that capability and I am very aware of the caseload pressures across the country. It is therefore even more important that we should be given the flexibility to enable people to complete their sentences within the 12 months so as not to add to the burden by having to represent those cases in front of magistrates if the deadline is not met.

This significant investment will enable us to increase the delivery of community payback from the pre-covid benchmark of around 5 million hours a year to an unprecedented 8 million hours a year. These hours will be put to good use, with a particular focus on more outdoor projects that improve local areas, allow the public to see justice being done and build confidence in community sentences. We will be delivering more placements that restore pride in communities and add value to the work of local charities, building on the success of projects like one in south Yorkshire which saw offenders undertake 2,500 hours of work to transform a derelict building into a community centre for disadvantaged young people. The ramp-up will be facilitated by the recruitment of about 500 additional community payback staff who will bolster resources in every probation region. In January, we launched a national recruitment campaign and successful candidates are now commencing in post.

Alexander Stafford

I thank my right hon. Friend for mentioning south Yorkshire. He will know that, in March, a group of offenders came to Rother Valley under this scheme to help clear up Maltby. Does my right hon. Friend agree that we need more of these schemes across Rother Valley and Yorkshire so that people can see the value of community payback, and that it is often better to have people out working in communities rather than serving shorter sentences in prison?

Kit Malthouse

I completely agree and am pleased to hear about the projects in my hon. Friend’s constituency. As he will know, I have urged all Members across the House to nominate schemes in their constituencies to be fulfilled and I need everybody’s help to get us to the target of 8 million hours. If we all pull together I hope we will make sure that not just my hon. Friend’s constituency but every part of the country is looking spick and span.

This investment is also enabling us to establish new national partnerships with major organisations and charities, which are also joining this coalition to get to 8 million hours, bringing forward high-quality local projects and initiatives to be replicated in communities across England and Wales. This includes our groundbreaking partnership with the Canal & River Trust, which sees offenders clearing litter, tidying towpaths and maintaining beauty spots along 2,000 miles of waterways. The work of offenders on community payback has delivered at Perry Barr in Birmingham, clearing a towpath near the site of this summer’s Commonwealth games, which is testament to the impact such projects can have on local places and people.

Stephanie Peacock

The Minister talked about the number of hours completed and has spoken a lot about the impact of the covid pandemic but the fall in the number of hours completed began in 2017; what is his answer to that?

Kit Malthouse

There was a decline between ’17-18 and ’18-19, but the hon. Lady will remember that the last three years of decline were covered by a lockdown; the lockdown began in the first quarter. And while there was a decline it is worth pointing out that there was also a very significant decline in the previous year because this is an activity which, as I have said, takes place in groups and we were not allowed to meet in groups. I know it is not often the case that the word fairness is used in our antagonistic form of democratic debate, but it would be unfair of Opposition parties to decry the work of the probation service and community payback supervisors and say that they should have been doing that group work during the pandemic.

Stephanie Peacock

Will the Minister give way?

Kit Malthouse

No, I want to make some progress. [Interruption.] I will give way in a moment, but I have just given way to the hon. Lady.

Stephanie Peacock rose—

Kit Malthouse

All right, go ahead.

Stephanie Peacock

It is disingenuous of the Minister to call me unfair. He clearly misheard my intervention; I was talking about 2017 but he is talking about 2020. Will he answer the question about 2017?

Kit Malthouse

As I have said, the baseline was at or around 5 million hours a year for quite a period. It fluctuated from year to year because of a number of factors, not just the delivery but also whether magistrates were giving community sentences in volume, which is not something we can influence. But I am more than happy to write to the hon. Lady with the hours as we see them. [Interruption.] I do not have them to hand, but I am more than happy to write to her about those hours. Look, the number fluctuated at about 5 million-odd, and we want to get it to 8 million. We have been given £93 million and 500 more supervisors have been recruited to get us there. I hope that Opposition Members will acknowledge that community payback was impacted, and had to be, by the pandemic. I know that the Labour party would not seek to make political advantage out of the impact of that awful disease when we had to bear in mind the safety of Ministry of Justice staff.

The Opposition have submitted their own proposals on improving local engagement and participation, which the hon. Member for Lewisham West and Penge referred to. However, I am afraid that her quango-tastic response to the issue is both unnecessary and, I am afraid, overcomplicated. In reality, community payback is already delivering for local communities, and the Government are only strengthening our engagement with key stakeholders. We recognise that local engagement is an integral part of the community payback offer, and the probation service already works closely with local authorities, police and crime commissioners and voluntary organisations to identify demanding placements that benefit communities. We also encourage members of the public to take part and nominate community payback projects in their areas via an easy-to-use form on the gov.uk website. I urge you, Madam Deputy Speaker, to make some nominations in your own constituency.

Furthermore, we have just introduced a new statutory duty via the Police, Crime, Sentencing and Courts Act 2022 that requires the probation service to consult with key community stakeholders on the delivery of community payback in local areas. The duty will encourage greater collaboration with key partners such as PCCs and ensure that projects benefit communities and are responsive to local needs. The new statutory duty will cement and formalise existing relationships and create a consistent consultation process across England and Wales. That in turn will guarantee that local people have a say in the types of projects delivered in their areas, ensuring that our placements are responsive to the community’s needs.

The impact of such collaboration was evident during the community payback spring clean week, which was delivered in support of Keep Britain Tidy’s campaign in March. Between 25 March and 1 April, community payback teams were mobilised across England and Wales to deliver clean-up projects that visibly improved local areas and green spaces. More than 1,500 offenders collected 2,200 bags of litter, removed eyesore graffiti and cleared vegetation from public spaces. They delivered 10,000 hours of hard and productive work at about 300 projects. The initiative was widely supported by many hon. Members and PCCs who visited projects. The spring clean week is a superb example of the impact that meaningful and robust community payback can have on local areas.

Andrew Gwynne

I want to take the Minister back to the 8 million hours of community payback that he set out. We all support more hours of community payback, particularly on meaningful projects such as some of those that he has just listed. He skirted over the fundamental problem, though, which is that in June 2011, 185,265 community sentences were handed down—13% of all sentences—but by June 2021 that had fallen to 72,021, which was just 7% of all sentences. He said that there is little that he can do to make the courts award community sentences, but, if he is to make those 8 million hours a reality, he will have to do something to encourage them. What is he doing to ensure that more community sentences, where appropriate, are given out to perpetrators of crime?

Kit Malthouse

The hon. Gentleman is quite right that the decision on a sentence is a matter for the magistrate or for the judge at the time. It is for them to decide what is a fitting punishment and, indeed, what is likely to deter the offender from reoffending. The fall that he pointed to will be entirely down to judicial discretion.

We can do a certain amount of marketing to judges and sentencers. In promoting my own pet project of alcohol abstinence and monitoring orders—the new sobriety tags that have been brought in—I have been attending judicial training courses to explain to sentencers how the sentence works and its effectiveness. In the end, a judge or magistrate wants to know that a sentence is effective, and if we can demonstrate through our work that it is effective, punitive and satisfies the public interest, and the local community sees value in that sentence, I am sure that magistrates and judges will step forward with much greater enthusiasm and help us to fulfil that 8 million hours target. The hon. Gentleman identifies the interesting point—no doubt it will be embarked on with the Under-Secretary of State for Justice, my hon. Friend the Member for South Suffolk (James Cartlidge)—of explaining to those who give out sentences the growing importance of this work across the whole of the country.

I hope that all hon. Members in the Chamber will become my Twitter followers. One of the great pleasures of my day is to tweet my “payback of the day”. Pretty much every day, I put out “before” and “after” pictures of a project taking place somewhere across the country showing the fantastic work that offenders have done. We seem to specialise in cemeteries—a lot of work is going into cleaning them and smartening them up. Some of the transformations have been extraordinary. I visited a project in Eastleigh, near my constituency, and what struck me was the value that the offenders themselves saw in the work. Local residents had been over to congratulate them, thank them and understand what they were doing—the offenders all wear high-vis that has “community payback” written the back—and the offenders felt a sense of pride. They had been working in a churchyard, making it look very smart and tidy, and in fact a couple of them said that they were interested in a career in landscape gardening as a result.

Across the House, we agree on the value of community payback. I hope it is agreed that the service suffered during the pandemic because of the nature of this group-based work, but that the staff at the probation service and the community payback supervisors were innovative in inventing solutions to help us deal with the backlog. Nevertheless, we all need to put our shoulder to the wheel to get us from 5 million hours to that target of 8 million hours, by which time I hope there will not be an area of the country that is not clean, scrubbed and free of graffiti and litter.

While I realise that the hon. Member for Lewisham West and Penge is trying to use the debate to confer some kind of political advantage, I know that she recognises—she is generally a fair-minded individual—that the staff were struggling during the pandemic, as were so many services. Now that her party has happily reversed its position, we share the view that the community payback is an incredibly valuable part of our criminal justice system, and I hope that we will all work together to promote it. I look forward to receiving a nomination from her for a scheme that she would like to see done in her constituency. Perhaps she and I could visit it together and congratulate the offenders on their work.

As for the hon. Lady’s overall claim that somehow the Conservatives have gone soft on crime and are no longer the party of crime and order, I gently remind her that she voted against the Police, Crime, Sentencing and Courts Act and its measures to put rapists and other serious offenders behind bars and to deal with a variety of other criminals. Until the Labour party becomes more action and less talk, I am afraid that it will not be able to aspire to the crown, which we currently proudly hold, of being the primary defender of law and order in this country.

July 2, 2022