Assaults on Emergency Workers (Offences) Bill — House of Commons, 2018-04-27
Topic: Law and Crime
Philip Andrew Davies (Conservative, Centre-right): The hon. Gentleman is absolutely right to draw attention to this catastrophe in our prisons. It is appalling that our prison officers have to face that on an almost daily basis. We in this country and in this House should be ashamed of that. We should be ashamed that the people who commit those assaults on prison officers are not properly punished for doing so. When the last Labour Government introduced the law that automatically released every prisoner halfway through their sentence, it was a scandal. You were here then, Madam Deputy Speaker, so you probably recall that the then Conservative Opposition were apoplectic, as they should have been, about the Labour Government introducing automatic release for people who were halfway through their prison sentence My right hon. Friend the Member for Arundel and South Downs (Nick Herbert), the then shadow Justice Secretary, made that particularly clear on Second Reading of the Bill that became the Criminal Justice and Immigration Act 2008. He said: "We have said that there should be a policy of honesty in sentencing. The fight against crime depends on integrity in the criminal justice system and on courts that deliver swift, effective justice, with punishments appropriate to the crime and the criminal. In the Criminal Justice Act 2003, the Government introduced automatic release on licence halfway through the sentence for all determinate sentences of longer than 12 months. Combined with the early release scheme, this means that an offender sentenced to a year in jail is usually out after little more than five months. The policy amounts to a deliberate dishonesty. It damages the trust that victims and wider society place in the courts, and it encourages criminals to hold the system in contempt." If this were our Bill, we would introduce provisions to restore honesty in sentencing…We would ensure that convicted criminals served the full sentence handed down to them by the judge."—[Official Report, 8 October 2007; Vol. 464, c. 79.] That was magnificent, but since we got into government, there has been absolutely nothing We are still presiding over a system in which people who are sent to prison are automatically released halfway through their sentence, irrespective of whether they have assaulted a prison officer or not, of whether they have misbehaved in prison or not, and of whether they are still a threat to the public or not. They have to be released halfway through the sentence and that is an absolute disgrace. It defies belief that we in this House can sit here and allow that to continue. If any Member believes our constituents think that is an acceptable state of affairs, they are in cloud cuckoo land. People need to get out more if they think that that is what the public expect from the criminal justice system—it is an absolute scandal. We should be ashamed of the fact that the House is not doing anything about it. It is a recipe for disaster if early release is not linked to behaviour in our prisons, and it is wrong in principle to let everyone out early, regardless of their behaviour or concerns about their likely reoffending Perhaps the Government are not with me on that, despite having stood for this belief in the past, but my proposals would mean that prisoners who assaulted a prison officer would not be eligible for automatic release. That would be a minor consolation prize to offset the joke of our sentencing regime, and it would link release back to behaviour in prison in a small way To build on the point made by the hon. Member for Blaenau Gwent (Nick Smith), I should point out that the House of Commons Library stated last year: "There were 6,430 assaults on prison staff, 761 of which were serious. This was an 82% rise on the number of assaults on prison staff in 2006 and was a 40% increase from 2015." Even more worryingly, the Ministry of Justice’s most recent figures show: "There were 7,828 assaults on staff, up 22% from the previous year. Serious assaults on staff reached 787 in the 12 months to September 2017, up 3% on the previous period. Assaults on staff in the latest quarter increased by 11%", as the hon. Gentleman said. According to the Ministry of Justice, in June 2017, there were 43,403 staff in Her Majesty’s Prison & Probation Service. Not all of them will have even come into contact with prisoners, and 8,758 were in the national probation service, but even taking the staffing figure at its highest, we still see a staggeringly high rate of assaults. The numbers have massively increased in the past 10 years, which coincides with people being automatically released halfway through their sentence irrespective of how badly they behave in prison. Someone does not need to be a rocket scientist to realise that if a criminal sees that they can get away with such behaviour yet still be released halfway through their sentence, it is not surprising that lots of people behave badly in prison.