Lord Leveson of Liverpool (CB) (Maiden Speech)

My Lords, it is with real diffidence that I rise just three days after my introduction. But the way in which we treat those convicted of crime, and in particular what happens to them when both in custody and in the community, has been a real interest of mine for some 60 years. It stems from my time as an undergraduate visiting Oxford prison and being involved in organising camps for children from approved schools; and later on in relation to the mental health of those in custody—an interest encouraged in me by my late father, who was a consultant psychiatrist. This was in Liverpool, which for over 40 years I was proud to call my home. I am also grateful to the noble Lord, Lord Farmer, for initiating this debate and thus allowing me the opportunity to express some views on this critical area. I must first, however, express my thanks to my two splendid supporters, the noble and learned Lords, Lord Phillips of Worth Matravers and Lord Burnett of Maldon, who were both Chief Justices for whom I worked, along with the noble and learned Lord, Lord Woolf, the late and very much-lamented Lord Judge, and the noble and learned Lord, Lord Thomas of Cwmgiedd, to whom I also pay tribute. I would also like to thank the noble Earl, Lord Kinnoull, and those in the convenor’s office for their kindness and encouragement and express my real appreciation to the Clerk of the Parliaments, Black Rod and all those who work in this House and who have been so generous with the time they have given to a new boy—that is not a phrase I would have used of myself very recently. It is an inestimable honour for me now to be part of this House, although I am concerned whether I can live up to the expectations which have been expressed by most of the speakers this afternoon. Let me start with the number of remand prisoners in custody. On 30 June 2026, of the 85,858 in custody, 10,242 were untried and 5,144 were convicted but not sentenced. For those awaiting trial, presumed innocent, their lives are on hold; for those awaiting sentence, they cannot start to engage with a sentence plan; many may wait months, if not years, for a co-defendant to be tried so that all convicted can be sentenced together. What of those who have been sentenced? Rehabilitation is identified as a requirement of Section 57(2) of the Sentencing Act 2020 for adults and is mandated by Section 37 of the Crime and Disorder Act 1998 as the principal aim of sentencing for those under 18. These are core requirements getting lost as prison and probation officers seek to contain and provide such support as they can to the unsustainable number of people with whom they have to deal in custody and in the community. There have been far too many reports into prison conditions. I still possess a copy of the Woolf report, which followed the prison disturbances in HMP Manchester in April 1990. I was then responsible for the prosecution of prisoners for conspiracy to riot and other offences. The average prison population that year was about 45,000, and on 1 June 1990 there were 20,785 prison officers and 994 auxiliaries. On 7 September 2026, the prison population was 86,868, of which 67,652 were in public sector prisons which, as of 30 June, now employ 22,001 full-time equivalent prison officers and 5,661 operational staff. For just under 1,300 extra prison officers, there are roughly 50% more prisoners. I quote from the overview by the noble and learned Lord, Lord Woolf: “members of the Prison Service as a whole, against heavy odds, have managed over a number of years to contain an almost impossible situation by showing immense dedication, courage and professionalism”. With over twice as many in custody, that is even more so today. As for activity in prison, the recent annual report of the Chief Inspector of Prisons identifies that, in many prisons, services have been cut—his word was “brutally”—with many teachers, as we have heard, made redundant. With few exceptions, “Attendance in education, training and work is often appalling” and insufficiently prioritised, with short working days. Similarly, the annual report of the Chief Inspector of Probation speaks of “an organisation grappling with serious systemic challenges, an increasingly large and complex caseload … and an increasing proportion of the caseload … in the community”. In short, he says there are “too few staff, with too little experience, managing too many cases”. The report of the Justice and Home Affairs Committee, Better Prisons: Less Crime identifies that reoffending represents around 80% of offending. It is therefore important to examine the challenges facing those who are serving sentences, the vast majority of whom will rejoin the community, whether sooner or later. Your Lordships may be familiar with the figures but, with thanks to the Howard League for Penal Reform, I shall summarise. In 2024-25, assessment in England identified 57% of adult prisoners as having a learning difficulty or disability. More than half of men and almost three-quarters of women identify with mental health problems and, as your Lordships have heard, in 2021, Dame Carol Black published an independent review which identified one-third of prisoners as having a serious drug addiction. In a survey undertaken by the chief inspector, 41% referred to the ease with which illicit drugs could be obtained in prison; in category B training prisons, it was 57%. In large part, that is the cohort which society has to address. Education, along with support and treatment for mental health and drug issues together with training to allow those released to be able to aspire to obtaining work are all critical if we are to prevent the revolving door of repeated offending. I agree with and fully endorse the observations of the noble Lord, Lord Farmer, in which he emphasised the importance of maintaining family relationships. As your Lordships have heard, the recent Nacro report revealed that more than 15,000 people were homeless on their first night out of prison. In short, it all requires a move away from simple containment in prison to active measures to assist those in custody to find a bed and work towards living a useful life in the community. A plan is essential. Of course, there will be some who are so dangerous that this is not an option, but they are not the bulk of those in custody. Support both while in prison and then in the community is critical, and the Prison and Probation Service must be equipped with the personnel and resources to do so. That will be expensive, but nothing like as expensive as receiving them back into prison or keeping them there. There are other great benefits of promoting rehabilitation. The prison population crisis is very real. If more can be supported in the community and reoffending minimised, there will be more room for those who should be remanded into custody and those who are dangerous. Remand prisoners will be kept nearer their court of trial. The police will be able to provide greater focus on offences that cause great public concern, including violence against women and girls, other serious sexual and violent offending, phone, petrol and shop theft and more. It will be clear that, although this debate is about prisons and probation, the crisis is much wider: every aspect of criminal justice requires urgent attention. Some courts are listing trials for 2030. Criminal justice reform could be my “Mastermind” specialist subject, but I would not dream of testing the patience of the House by going through my recent review. It is sufficient to say that there are solutions that I look forward to discussing with and urging upon your Lordships, working with all to address the challenges that it faces. I end by observing that we must not forget the human beings behind all these issues: the victims, the witnesses and the offenders. The state must facilitate the early identification and detection of crime. It must, within a reasonable time, ensure its prosecution, and it must do all it can to promote the rehabilitation of convicted offenders. If it does not, it is failing in one of its most important responsibilities.