Burnham blocks hundreds more criminals from sentencing changes

PRIME MINISTER BOWS TO PUBLIC PRESSURE

Unlawful killing and historic child sex offences will be blocked from upcoming changes to prison sentences after the Prime Minister ordered more serious offenders to be kept behind bars for longer

  • Prime Minister blocks manslaughter, death by drunk or dangerous driving and historic child sex offences from sentencing changes  
  • Builds on action to keep those in prison for rape, child sex or grooming offences behind bars
  • Victims of domestic violence will be better protected from perpetrators, with record numbers of offenders set to leave prison tagged and the new restriction zones put in place, some as little as a few miles wide, for some sexual and violent offenders
  • The government will deport thousands of foreign criminals and bring the injustice of IPP sentences to an end during this Parliament 

Unlawful killing and historic child sex offences will be blocked from upcoming changes to prison sentences after the Prime Minister ordered more serious offenders to be kept behind bars for longer. 

The Prime Minister’s intervention will mean offenders in prison for killing an emergency worker in the line of duty will not be released any earlier. Historic grooming offences, all forms of manslaughter, death by dangerous driving and causing or allowing the death of a child will also be barred from the changes to the prison sentences.

This builds on the action already taken by the Prime Minister and Lord Chancellor to stop anyone in prison for rape, serious child sexual offences and grooming from being released earlier. Murderers or anyone deemed the most dangerous by a court and handed a life or extended sentence were already blocked from seeing any reduction to their sentence and will stay locked up until they go before a Parole Board.

As a result of these changes today, hundreds more victims will no longer face the anxiety of seeing their offender coming out sooner than they were expecting.

Since coming into office, the Prime Minister and Lord Chancellor have made significant changes to the plans they inherited. They want to go even further, but cannot do so without risking the entire justice system collapsing. This would mean the police would be unable to make arrests, the courts would stop sending criminals to jail and criminals would be left unchecked on our streets.

Prime Minister Andy Burnham said:  ”I know how strongly people feel about this issue. I understand the concern and anger because I share it. That’s why I took action during my first weeks as Prime Minister to block some of the very worst in society being released before they should. We moved quickly to block vile criminals who commit rape, sexually abuse children and groom vulnerable young people.

“But I always said I wanted to do more. We will now not only be keeping offenders serving time for indecent assault locked up, but also those in prison for manslaughter and death by dangerous driving. This means that the awful criminals responsible for the killing of PC Andrew Harper will not have their sentence shortened.

“The truth is I wanted to go even further. But I’ve pushed the system to the very limits of what’s possible without risking the prison system collapsing within months, putting the public at enormous risk.

“To protect victims, we will be introducing the toughest ever supervision measures for offenders, which effectively mean that someone’s sentence will not end when they leave prison.

“This includes tagging offenders and, for the very first time ever, putting restriction zones in place to stop offenders getting anywhere near their victims.”

The Prime Minister has also announced that he will end the injustice of Imprisonment for Public Protection sentences this Parliament, meaning people will no longer be trapped indefinitely under a sentence abolished more than a decade ago.

This decision recognises how deeply unjust it is that some offenders who have been locked up for nearly twenty years remain in prison, despite serving their sentence many times over, whereas many serious criminals convicted in recent years could have their jail time cut. While work on this will begin immediately, and on a cross-party basis, it will take time to get this right and balance fairness with public safety.

This is just one part of the government’s plan for a fairer justice system, looking at how some people can be punished more effectively outside prison – freeing up cells for those who pose the greatest risk to the public.  

This will include considering how to safely reduce the number of and young offenders and women in custody, in particular those who are pregnant or have young children.

Powers will also be implemented early next year to deport some foreign criminals immediately after sentencing, blocking them from ever returning to the country, while keeping those in prison for the most serious crimes locked up for a substantial period before they are removed.

Justice Secretary Alex Norris said:  ”The Prime Minister and I have rightly looked again at these reforms and we are clear that people responsible for taking a life, or for appalling crimes against children, should be kept behind bars for longer.    

“But protecting the public also means fixing the prison system for good. We will build the cells we need, put offenders under much tougher controls when they leave prison and end the historic injustice of IPP sentences.   

“This is a government running towards problems and not shying away from the tough decisions needed to build a justice system that is firm, fair and protects the public.”

The Prime Minister and Lord Chancellor have also insisted that victims must remain at the centre of the justice system, with survivors of domestic abuse seeing offenders put under some of the toughest restrictions to date.

This includes a presumption that all prison leavers will be tagged and imposing possible bans on pubs and public events.

Perpetrators could also be confined to a specific area – some just a few miles wide – giving victims greater freedom to live their lives. In a world first, new ‘restriction zones’, which have been directly shaped by the experiences and campaigning of victims, will limit the movement of some sexual and violent offenders, with victims having a say in how zones are drawn up.

Victims advocates Hetti Barkworth-Nanton CBE, chair of Refuge, Frank Mullane MBE, CEO of Advocacy After Fatal Domestic Abuse, and Jo Early, chief executive of Support after Murder and Manslaughter, said: “We welcome the Prime Minister’s decision to exclude all manslaughter cases from the early release scheme.

“The original sentence lengths for these offences were, in part, intended to protect the public. The problem of prison capacity does not alter that underlying need for public protection.

“Therefore, making manslaughter offenders eligible for early release would risk undermining a key purpose of their sentences and could represent a significant compromise to public protection. This also re-assures families bereaved by homicide that they are not being asked to trade justice so prison overcrowding can be resolved.

The government says it inherited a prison system on the brink of collapse with fewer than 100 spaces left in the summer of 2024. 

A lack of investment in the prison estate with just 500 net places added for over a decade has led to a situation where adult male prisons are now at 98% capacity. That is why this government is taking decisive action to fix the broken prison system for good.  

Under this government, more than 3,200 prison places have already been built, with 14,000 expected by 2031 under the largest prison build expansion since the Victorian era.

The Westminster government says the Sentencing Act will restore order to the prison system and make sure we have cells available for dangerous criminals.

They say that, alongside record prison building, the reforms will put prisons on a sustainable footing and end the cycle of emergency release measures used before July 2024 when prisons repeatedly came close to running out of space.  

SAVE calls for national debate on demolition of Scottish heritage

SAVE Britain’s Heritage has launched a public petition calling on the Scottish Parliament to host a national debate to bolster safeguards for threatened listed buildings

The petition, validated on 6th June 2024 by the Scottish Parliament, calls for an urgent Parliamentary debate to address a gap in legislation that leaves listed buildings across the country vulnerable to demolition.  

The current loophole allows councils to demolish listed buildings under emergency public safety powers without providing evidence to justify their actions.

The case follows the highly controversial demolition of Category B listed Ayr Station Hotel by South Ayrshire Council which is still on going.  

It has been carried out due to public safety concerns, following a major arson attack last year, but without the reports or surveys to justify the decision being made public and without providing evidence that alternatives to total demolition were robustly explored. 

While fully recognising the paramount importance of making dangerous buildings safe, enhanced guidance is needed to address this policy gap, setting out the minimum structural evidence and process before undertaking demolition works to listed buildings on public safety grounds, including when consulting national heritage advisor Historic Environment Scotland. This will ensure only the minimum demolition necessary takes place to make the building safe, avoiding excessive or total demolition. 

SAVE’s petition is calling for policy safeguards to ensure that listed buildings like Ayr Station Hotel cannot be demolished without robust and transparent justification.

We are specifically calling for the following policy controls to be introduced alongside existing public safety legislation:   

1. Enhanced policy guidance setting out the minimum evidence and processes required by local planning authorities before making decisions on demolition of listed buildings under emergency powers 

2. A mandatory policy requirement for local planning authorities to engage conservation-accredited engineers in all cases involving listed buildings  

Henrietta Billings, director of SAVE Britain’s Heritage, said: “We see a huge opportunity in bringing this national issue to the attention of MSPs and opening a much-needed debate on the protection of listed buildings across the country.

“These buildings are gifts to the nation from the past – and we should be taking every step necessary to ensure they are protected from unnecessary demolition – as is intended by the legislation.” 

Paul Sweeney MSP, Member of the Scottish Parliament for Glasgow, said: “This petition addresses a glaring loophole in existing policy. It is not acceptable that councils can demolish listed buildings in Scotland – using so-called public safety powers – without providing evidence to show that there is no alternative to demolition.

“It is my hope that the Scottish Parliament’s petitions committee backs this petition so that we can strengthen protections of listed buildings in Scotland.” 

Jocelyn Cunliffe, acting chair of the Architectural Heritage Society of Scotland, said: “The AHSS supports SAVE’s petition to the Scottish Government to provide enhanced safeguards for listed buildings across Scotland. 

“Local authorities are empowered to act timeously to save listed buildings and it is imperative that all options be considered and that there are adequate checks and balances before demolition, which should be a last resort, takes place.” 

Joe Traynor, director of The Scottish Civic Trust, said: “The Scottish Civic Trust endorses SAVE’s petition which encourages policy makers to respect and boost the protection of Scotland’s historic buildings. 

“These need to be protected, reused and celebrated as unique to the make-up of our communities and places.” 

Current conflict of interest  

In cases involving the use of emergency powers on grounds of public safety, current legislation creates a potential conflict of interest for Local Authorities between the legal duty of Planning Departments to protect listed buildings under the Planning (Listed Buildings and Conservation Areas) Act 1997 and the duty of Building Control Departments to make any dangerous building safe, including via demolition, under Section 29 of the Building (Scotland) Act 2003.  

The drawn-out demolition of large parts of Ayr’s Category B listed Station Hotel by South Ayrshire Council following an arson attack which damaged the building in September 2023, has brought this issue into the national spotlight.

Following the fire, the Council assumed legal responsibility for the site, with Building Control proceeding to demolish the south wing of the building, without publishing detailed evidence to justify its actions, and no requirement to gain approval from Historic Environment Scotland before doing so.  

SAVE has remained consistently opposed to the council’s decision to pursue demolition and raised these issues of national heritage importance at a specially convened cross party round table at the Scottish Parliament in November 2023.

A joint letter was subsequently sent to the chief executive of South Ayrshire Council on 23rd November 2023 expressing concerns about listed buildings at risk of demolition across Scotland, including Ayr Station Hotel.  

Photos published with this press release show the devastating impact of the demolition of the Station Hotel’s highly ornate south wing – and subsequently much more of the building.  

In February, SAVE called for the retention of the listed building’s surviving north wing and tower as a key priority in South Ayrshire Council’s emerging vision for Ayr Town Centre which went out for public consultation in January 2024. These sections of the listed building were far less extensively impacted by the fire in September 2023 and could have formed the foundation for a refurbished modern railway station without tearing the heart out of the town.  

However, South Ayrshire Council began demolition of the tower and a substantial portion of the north wing in April 2024, on the grounds of public safety. Yesterday, the council announced that this demolition is “on target” to be complete by 17th June 2024. A Dangerous Buildings Notice has been issued by South Ayrshire Council requiring the owner of the building to make the surviving section of the north wing safe. 

SAVE’s petition, which addresses this loophole in legislation which allows councils to demolish listed buildings under emergency public safety powers without providing robust justification, was published on 6th June 2024 by the Scottish Parliament and is now open to signatures.  

The next stage will be consideration at an upcoming Citizen Participation and Public Petitions Committee (CPPPC) meeting, at which point the committee will decide on what action will be taken.

This can include asking for a debate about the petition in the chamber or recommending actions for the Scottish Government. SAVE’s petition has called for an urgent Parliamentary debate. 

Visa scheme for Palestinians to be debated at Westminster

MORE THAN 103,000 PEOPLE HAVE SIGNED PETITION

NEXT Monday 13 May, MPs will debate a petition calling for a visa scheme for Palestinians.

Cat Smith MP, Chair of the Petitions Committee, has been asked by the Committee to open the debate. MPs from all parties can take part, and the Government will send a minister to respond.

Create a visa scheme for Palestinians

The petition, which has more than 103,000 signatures, states:

We want the government to take action and create a Visa scheme that allows Palestinian individuals affected by war, to be allowed into the UK. Just like we did for Ukraine.

In its response to the petition, provided on 21 December 2023, the Government said: “There are no plans to introduce bespoke arrangements for people arriving from the region. Those wishing to come to the UK who currently have no visa can apply under one of the existing visa routes.”

What are petitions debates?

Petitions debates are ‘general’ debates which allow MPs from all parties to discuss the important issues raised by one or more petitions, and put their concerns to Government Ministers.

Petition debates don’t end with a vote to implement the request of a petition. This means MPs will not vote on the request of the petition at the end of the debate. Instead, the aim is to give MPs an opportunity to discuss the issues raised by a petition, and get a response from the Government.

Petition debates are scheduled by the Petitions Committee. Only e-petitions started on the Parliament petitions site are considered by the Petitions Committee.