If the Bill’s aim is to reduce the crisis in prison capacity, we must avoid funnelling people into suspended sentences where a community order would be more effective and safely promote rehabilitation

I know for a fact that the Met Police would like simpler legislation around protests. It is absolutely sick of the confusion and it is time for us to revisit it. However, that is not for today.

Amendment 29A would make a simple but important change: it would require courts to consider the use of a community order before imposing a suspended sentence order. This would strengthen the Government’s own intention to reduce the overuse of short prison sentences—an aim that I and, I am sure, many across the Chamber, including the Minister, warmly welcome. However, unless we make it clear that community orders must be properly considered first, we risk creating what justice organisations call a net-widening effect. In other words, people who should have received a community order may instead receive a suspended sentence order simply because it appears to be a tougher alternative to custody.

A suspended sentence order is still a custodial sentence. It carries the weight and the lifelong consequences of a criminal record, and it places people at far greater risk of imprisonment if they breach its terms. By contrast, a community order is a genuinely non-custodial disposal. It is designed, when properly resourced, to address the underlying causes of offending, whether those are mental health needs, alcohol or drug dependency, or others. Community orders enable people to keep their jobs, maintain their homes, stay connected to their families and communities, and continue caring responsibilities—all factors that are well established as reducing the risk of reoffending.

If the Bill’s aim is to reduce the crisis in prison capacity, we must avoid funnelling people into suspended sentences where a community order would be more effective and safely promote rehabilitation. Otherwise, we simply increase the pipeline into custody through breach, defeating the very purpose of the Government’s reforms. We also risk the danger that this disproportionately affects women as it currently stands, which we have heard from Lady Hamwee.

This amendment is supported by Justice and aligned with the recommendations of the Independent Sentencing Review, which suggested

“introducing ‘crime reduction’ as an overarching principle”

to guide sentencing. Community sentences can play a crucial role in achieving that. They provide a real opportunity for rehabilitation and practical programmes that help people rebuild their lives without the barrier of a custodial sentence on their record. Crucially, community orders can command public confidence when victims are properly informed about what they involve and understand how these sentences can reduce future harm.

Amendment 29A would simply ensure that the most proportionate, most effective and least harmful sentence is considered first. It would strengthen the Bill’s stated ambition of reducing pressure on prisons while supporting better outcomes for individuals and communities. I hope that the Minister sees this as a constructive amendment that aligns with the Government’s own agenda. I urge the Committee to give it serious consideration.

Debate on Hansard here