Victims and Courts Bill 2024-26

NC15

To move the following Clause—<br> <b>“Duty to collect and publish data upon sentencing</b><br> (1) At the time of passing a sentence by a judge or magistrate the relevant court must provide to HM Courts and Tribunals Service (“HMCTS”) the following information regarding the sentence passed—<br> (a) offence type,<br> (b) sentence length,<br> (c) such information about the sentenced individual as the Secretary of State sees fit, which must include—<br> (i) nationality,<br> (ii) method of entry to the United Kingdom,<br> (iii) visa route,<br> (iv) visa status,<br> (v) asylum status, and<br> (vi) country of birth.<br> (2) HMCTS must collect and collate the information on the basis set out in subsection (1) on sentences passed in the courts.<br> (3) Once every three months, the Secretary of State must publish statistics based on the information collected by HMCTS under subsection (2).”

NC14

To move the following Clause—<br> <b>“Unpaid court fines</b><br> (1) The Limitation Act 1980 is amended as follows.<br> (2) After section 9(1) insert—<br> “, except in the circumstances where a fine has been handed down by the Crown Court in respect of an offence.<br> (1A) Where the circumstances referred to subsection (1) apply, the Secretary of State shall have the power to bring proceedings for the recovery of any amount in unpaid fines at any time.”

NC10

To move the following Clause—<br> <b>“Sentencing guidelines on court fines</b><br> Within 18 months of this Act receiving Royal Assent, the Sentencing Council must revise relevant sentencing guidelines so that the court must award compensation to a victim to the value of items stolen when imposing compensation for the offence of theft, burglary, fraud, or any other crime that has resulted in a financial loss to the victim.”

<p>This new clause would require the Sentencing Council to revise sentencing guidelines so that a court must impose compensation commensurate to the value of stolen items when issuing fines.</p>

9

Clause 11, page 12, line 22, at end insert—<br> “(aa) in that sub-paragraph omit “28” and insert “56””

<p>This amendment increases the window for applying to the Unduly Lenient Sentences Scheme from 28 days to 56 days.</p>

10

Clause 11, page 12, line 23, after “(2)” insert “unless an application is made by a victim, or their deceased victim’s next of kin, in which case notice of an application shall be given within one year”

<p>This amendment increases the window for applying to the Unduly Lenient Sentences Scheme to one year for a victim of a crime or a deceased victim’s next of kin.</p>

11

Clause 11, page 12, line 29, leave out “28” and insert “56”

<p>This amendment is contingent on Amendment 8.</p>

12

Clause 11, page 12, line 39, at end insert—<br> “(5) In accordance with the provision under sub-paragraph (1) the Crown Prosecution Service must write to the victim, or a deceased victim’s next of kin, within 10 working days of the sentence being delivered to make them aware of their ability to apply for a review of sentencing.”

<p>This amendment is contingent on Amendment 9. It would require the CPS to write to a victim, or a deceased victim’s next of kin, within 10 working days of a sentence being delivered to make them aware of their ability to apply for a review.</p>

NC2

To move the following Clause—<br> <b>“Duty to commission support services for victims of abuse and exploitation</b><br> (1) It is the duty of relevant local commissioning bodies to commission sufficient and specific support services for victims of abuse and exploitation in accordance with need.<br> (2) The services commissioned and provided under subsection (1) must include, but are not limited to—<br> (a) specialist services for adult victims of domestic abuse and sexual violence;<br> (b) specialist services for child victims of exploitation, sexual abuse and domestic abuse;<br> (c) specialist advocacy and community-based services for victims with specific needs including – but not limited to – child victims, d/Deaf and disabled victims, Black and minoritised victims and LGBTQ+ victims, in compliance with the Public Sector Equality Duty.<br> (3) For the purpose of section (1), “relevant local commissioning bodies” include –<br> (a) local policing bodies;<br> (b) integrated care boards, established under Chapter A3 of Part 2 of the National Health Service Act 2006;<br> (c) local authorities.<br> (4) For the purpose of section (1), commissioning services "in accordance with need" should at a minimum be based on outcomes from joint strategic needs assessments undertaken in accordance with section 14 (3) and (4) of the Victims and Prisoners Act.”

<p>This new clause would place a duty on relevant local statutory agencies to commission specific support services for victims of abuse and exploitation, including tailored services for those with specific needs, informed by strategic assessments of the needs of victims in their local area.</p>

NC3

To move the following Clause—<br> <b>“Provision of support for caregivers of victims of sexual or violent offences</b><br> (1) A relevant authority must commission and make available appropriate support services for the parent, guardian or person who has responsibility for the care of a victim of a sexual or violent offence, who—<br> (a) at the time of the offence, was under the age of 18, or<br> (b) is an adult at risk of harm.<br> (2) Services commissioned under this section must be—<br> (a) appropriate to the needs of the caregiver in supporting the recovery and ongoing care of the victim,<br> (b) trauma-informed and culturally competent, and<br> (c) accessible without unreasonable delay or procedural burden.<br> (3) “Relevant authority” for the purposes of this section includes—<br> (a) Police and Crime Commissioners,<br> (b) Local authorities in England and Wales,<br> (c) Integrated Care Boards, and<br> (d) any other body designated by the Secretary of State by regulations.<br> (4) In exercising their duty under this section, relevant authorities must have regard to guidance issued by the Secretary of State.<br> (5) The Secretary of State must publish such guidance within six months of the passing of this Act, following consultation with relevant stakeholders including—<br> (a) victim support organisations,<br> (b) organisations representing children and vulnerable adults, and<br> (c) persons with lived-experience of the effects of sexual or violent offences.<br> (6) In this section—<br> “Adult at risk of harm” means a person aged 18 or over who—<br> (a) has needs for care and support,<br> (b) is experiencing, or is at risk of, abuse or neglect, and<br> (c) as a result of those needs is unable to protect themselves against the abuse or neglect or the risk of it;<br> “Sexual and violent offences” include those offences listed under Part 3 of Schedule 2 of this Act.”

<p>The new clause would introduce a statutory duty to commission services to support a parent, guardian or responsible adult where the victim is under 18 or an adult at risk of harm and who has been a victim of sexual or violent crime.</p>

NC4

To move the following Clause—<br> <b>“Court transcripts of sentencing remarks</b><br> (1) All sentencing remarks made in the Crown Court must be published within two sitting days of being delivered.<br> (2) All publications must be freely available to all members of the public.”

NC5

To move the following Clause—<br> <b>“Court transcripts</b><br> (1) All court transcripts from the Crown Court must be published within two sitting days of being delivered.<br> (2) All publications must be freely available to all members of the public.”

NC6

To move the following Clause—<br> <b>“Publication of data</b><br> The Secretary of State must publish, on a quarterly basis, statistics on—<br> (a) the nationality,<br> (b) method of entry to the United Kingdom,<br> (c) visa route,<br> (d) visa status,<br> (e) asylum status, and<br> (f) country of birth,<br> <span class="wrapped">of people found guilty and sentenced in the crown court and the magistrates’ court.”</span>

NC7

To move the following Clause—<br> <b>“Court delays: impact on victims</b><br> Within six months of the passing of this Act, the Secretary of State must undertake a review of the impact that delays in the court system have on victims.”

NC8

To move the following Clause—<br> <b>“Victim personal statements</b><br> (1) The Secretary of State shall, within six months of the passing of this Act, issue revised guidance on the content of victim personal statements.<br> (2) The revised guidance issued under subsection (1) must stipulate that when making a victim personal statement, a victim shall be able to say anything they wish about the defendant, provided it is not contrary to any statutory limitations on free speech, makes allegations of untried criminal conduct or is disorderly language.<br> (3) The court must disregard any prejudicial comments made during a victim personal statement.”

<p>This new clause would require the Secretary of State to review how to make victim personal statements less restrictive and clarify what can be included.</p>

NC9

To move the following Clause—<br> <b>“Unpaid court fines</b><br> (1) The Limitation Act 1980 is amended as follows.<br> (2) For section 9 (Time limit for actions for sums recoverable by statute substitute—<br> <b>“9</b> <b>Actions for sums recoverable by statute.</b><br> (1) An action to recover any sum recoverable by virtue of any enactment can be brought at any time.<br> (2) The Secretary of State shall have the power to bring proceedings for the recovery of any amount in unpaid fines and court fees owed as a civil debt.<br> (3) In this part, a fine includes any sum ordered to be paid under an order referred to in section 24, subsection (1) of the Courts Act 2003 and also includes any sum which falls to be treated as a fine by virtue of the definition in subsection (4) of that section.””

<p>This new clause enables the recovery of fines imposed by the court indefinitely (as opposed to a six-year limitation) and gives the Secretary of State the power to recover amounts owed.</p>

NC11

To move the following Clause—<br> <b>“Extension of Victim Contact Scheme</b><br> (1) The Secretary of State must ensure that the Victim Contact Scheme is made available to—<br> (a) victims of offenders sentenced to less than 12 months for violent and sexual offences,<br> (b) victims in cases involving coercive or controlling behaviour, stalking, or harassment, and<br> (c) bereaved families in manslaughter or death by dangerous driving cases.<br> (2) The Secretary of State must ensure that information under the Victim Contact Scheme is communicated in a timely and trauma-informed manner.<br> (3) The Secretary of State must publish data each year on uptake and accessibility of the Victim Contact Scheme.”

NC12

To move the following Clause—<br> <b>“Access to free court transcripts for victims</b><br> (1) Victims of criminal offences shall be entitled to receive, without charge, court transcripts of—<br> (a) sentencing remarks,<br> (b) judicial summings-up,<br> (c) bail decisions and conditions relevant to their case.<br> (2) The Secretary of State must ensure that such transcripts are provided within 14 days of a request.<br> (3) The duty under subsection (1) shall apply irrespective of whether the victim gave evidence in the case.”

NC13

To move the following Clause—<br> <b>“Restricting parental responsibility of certain offenders</b><br> After section 10B of the Children Act 1989 insert—<br> <b>“10CA</b> <b>Duty to make prohibited steps order where serious sexual or violent offence committed</b><br> (1) This section applies where the Crown Court sentences a person (“the offender”) to a life sentence, or a term of imprisonment or detention of 10 years or more, for a serious sexual offence or violent offence committed against someone with whom they share parental responsibility for a child.<br> (2) The Crown Court must make a prohibited steps order with respect to each child for whom the offender has parental responsibility.<br> (3) The order must—<br> (a) specify that no step of any kind which could be taken by a parent in meeting their parental responsibility for a child may be taken by the offender with respect to the child without the consent of the High Court or the family court, and<br> (b) be made to have effect until the order is varied or discharged by the High Court or the family court.<br> (4) But the Crown Court must not make a prohibited steps order under this section if—<br> (a) making the order is prohibited by section 29(3) of the Adoption and Children Act 2002,<br> (b) a prohibited steps order is already in force that meets the requirements in subsection (3), or<br> (c) it appears to the Crown Court that it would not be in the interests of justice to do so.<br> (5) A prohibited steps order made under this section does not cease to have effect if—<br> (a) the offender is acquitted of the offence on appeal, or<br> (b) the sentence is reduced, on appeal, so that it is no longer a life sentence or a term of imprisonment or detention of 4 years or more,<br> <span class="wrapped">but see section 10D.</span><br> (6) Sections 1, 7 and 11 do not apply where the Crown Court proceeds under this section.<br> (7) A prohibited steps order made under this section is to be treated for the purposes of section 31F(6) of the Matrimonial and Family Proceedings Act 1984 (proceedings and decisions) as if it were made by the family court.<br> (8) The Crown Court does not have jurisdiction to entertain any proceedings in connection with the enforcement of a prohibited steps order made under this section.<br> (9) A reference in this Act to an order under this section includes, so far as the context permits, an order varying or discharging it.<br> (10) In this section—<br> “life sentence” means a sentence of imprisonment, detention or custody for life, or during His Majesty’s pleasure;<br> “serious sexual offence” means an offence listed in Schedule ZA1;<br> “violent offence” means an offence of homicide, assault or robbery.<br> (11) The Secretary of State may by regulations amend the list of offences in Schedule ZA1.””

13

Clause 1, page 1, line 17, at end insert—<br> “(3A) If the court is minded not to make an order under subsection (2), the court has a duty to consult the victim or their family if a victim is deceased.”

15

Clause 1, page 2, line 2, leave out from “force,” to end of line, and insert “so long as it is not grossly disproportionate.”

23

Clause 1, page 3, line 33, at end insert—<br> <b>“41C</b> <b>Power to restrain and gag a disruptive offender</b><br> (1) This section applies where during attendance at a sentencing hearing an offender is disruptive of court proceedings.<br> (2) The Judge may order the offender to be restrained and gagged to reduce their disruption.<br> (3) When a Judge is minded not to make an order under subsection (2) and instead remove the offender from the court room they must consult the victim or their family if the victim is deceased.”

14

Clause 2, page 4, line 11, at end insert—<br> “(3A) If the court is minded not to make an order under subsection (2), the court has a duty to consult the victim and their family if they are deceased.”

16

Clause 2, page 4, line 24, leave out from “force,” to end of line and insert “so long as it is not grossly disproportionate.”

24

Clause 3, page 6, leave out lines 1 and 2 and insert “for a serious sexual offence committed against a child.”

<p>This amendment would extend the provision of restricting parental responsibility where a parent is sentenced for a serious sexual offence committed against a child, regardless of whether it is their child or on the length of sentence handed down.</p>

17

Clause 3, page 6, line 1, leave out “of 4 years or more”

<p>This amendment would ensure that where anyone is sent to prison because of a sexual offence the court would be under a duty to make a prohibited steps order.</p>

18

Clause 3, page 6, line 2, leave out “for whom the offender has parental responsibility.”

<p>This amendment would ensure the court was under a duty to make a prohibited steps order where anyone is sent to prison because of a sexual offence against a child, whether or not that child was one for which they had parental responsibility.</p>

25

Clause 3, page 6, line 19, after “justice” insert “or of a child and the non-offending parent”

<p>This amendment would mean that a judge could have discretion to decide not to make a prohibited steps order when it was not deemed in the interest of a child and the non-offending parent.</p>

19

Clause 3, page 6, line 20, leave out from “not” to end of line 25 and insert “ceases to have effect if the offender is acquitted of the offence on appeal.<br> (5A) A prohibited steps order made under this section does not cease to have effect if the sentence is reduced, on appeal, so that it is no longer a life sentence or a term of imprisonment or detention of 4 years or more.”

<p>This amendment would ensure that a prohibited steps order would cease to have effect if the offender is acquitted of the offence on appeal. It would also require that a prohibited steps order remain in effect where a sentence is reduced on appeal so that it is no longer a life sentence or a term of imprisonment or detention of four years or more.</p>

8

Clause 3, page 6, line 43, at end insert—<br> <b>“10CA Duty to consider make prohibited steps order where serious sexual offence committed against any child</b><br> (1) This section applies where the Crown Court sentences a person (“the offender”) to a term of imprisonment or detention of less than 4 years, for a serious sexual offence committed against any child.<br> (2) The Crown Court must make a prohibited steps order with respect to each child for whom the offender has parental responsibility.<br> (3) A prohibited steps order must be made if the court is of the opinion that there is a significant risk to children of serious harm occasioned by the commission by the offender of further serious sexual offences.<br> (4) In making that assessment, the court—<br> (a) must take into account all the information that is available to it about the nature and circumstances of the offence,<br> (b) may take into account all the information that is available to it about the nature and circumstances of any other offences of which the offender has been convicted by a court anywhere in the world,<br> (c) may take into account any information which is before it about any pattern of behaviour of which any of the offences mentioned in paragraph (a) or (b) forms part, and<br> (d) may take into account any information about the offender which is before it.<br> (5) The reference in subsection (4)(b) to a conviction by a court includes a reference to—<br> (a) a conviction of an offence in—<br> (i) any proceedings under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 (whether before a court-martial or any other court or person authorised under any of those Acts to award a punishment in respect of any offence), or<br> (ii) any proceedings before a Standing Civilian Court;<br> <span class="wrapped">where "conviction" includes the recording of a finding that a charge in respect of the offence has been proved), and</span><br> (b) a conviction of—<br> (i) a service offence within the meaning of the Armed Forces Act 2006, or<br> (ii) an SDA offence within the meaning of the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059),<br> <span class="wrapped">where "conviction" includes anything that under section 376(1) and (2) of the Armed Forces Act 2006 is to be treated as a conviction).</span><br> (6) The order must be made to have effect until the order is varied or discharged by the High Court or the family court.<br> (7) But the Crown Court must not make a prohibited steps order under this section if—<br> (a) making the order is prohibited by section 29(3) of the Adoption and Children Act 2002,<br> (b) a prohibited steps order is already in force that meets the requirements in subsection (3), or<br> (c) it appears to the Crown Court that it would not be in the interests of justice to do so.<br> (8) Further, the Crown Court must not make a prohibited steps order under this section if—in respect of any child in respect of whom the offender has parental responsibility—the Court is of the opinion that—<br> (a) the removal of parental responsibility is not in the best interests of that child; and<br> (b) there is no significant risk to that particular child of serious harm occasioned by the commission by the offender of further serious sexual offences.<br> (9) For the purposes of subsection (8), each child in respect of whom the offender has parental responsibility must be considered separately.<br> (10) A prohibited steps order made under this section does not cease to have effect if—<br> (a) the offender is acquitted of the offence on appeal, or<br> (b) the sentence is reduced, on appeal, so that it is no longer a life sentence or a term of imprisonment or detention of 4 years or more, but see section 10D.<br> (11) Sections 1, 10 and 16 do not apply where the Crown Court proceeds under this section.<br> (12) A prohibited steps order made under this section is to be treated for the purposes of section 31F(6) of the Matrimonial and Family Proceedings Act 1984 (proceedings and decisions) as if it were made by the family court.<br> (13) The Crown Court does not have jurisdiction to entertain any proceedings in connection with the enforcement of a prohibited steps order made under this section.<br> (14) A reference in this Act to an order under this section includes, so far as the context permits, an order varying or discharging it.<br> (15) In this section “serious sexual offence” shall have the same meaning as that in s.10C.<br> (16) The Secretary of State may by regulations amend the list of offences in Schedule ZA1.”

20

Clause 3, page 7, line 4, leave out from “and” to end of line 9

<p>This amendment is linked to Amendment 22.</p>

21

Clause 3, page 7, line 14, leave out from “and” to end of line 16

<p>This amendment is linked to Amendment 22.</p>

22

Clause 3, page 7, leave out line 20

<p>This amendment, along with Amendments 20 and 21, would ensure that there has to be a review by the family court in all instances where a prohibited steps order is issued.</p>

1

Clause 9, page 11, line 4, leave out “persons” and insert “a person”

<p>This amendment and Amendments 2 to 7 ensure that exemptions conferred by sections 1 and 5 of the Prosecution of Offences Act 1985 remain available to persons with rights of audience in relation to certain proceedings in the Senior Courts and all proceedings in the county court and magistrates’ court.</p>

2

Clause 9, page 11, line 5, after “subsection (3)” insert “who does not have a general qualification (within the meaning given by section 71 of the Courts and Legal Services Act 1990)”

<p>See the explanatory statement for Amendment 1.</p>

3

Clause 9, page 11, line 11, leave out “persons designated for the purposes of subsection (3)” and insert “such a person”

<p>See the explanatory statement for Amendment 1.</p>

4

Clause 9, page 11, line 19, after “omit “” insert “but”

<p>This amendment updates the text to be omitted from section 5(1) of the Prosecution of Offences Act 1985 so that the provision reads correctly in light of the amendment to that provision currently included in the Bill.</p>

5

Clause 9, page 11, line 22, leave out “persons” and insert “a person”

<p>See the explanatory statement for Amendment 1.</p>

6

Clause 9, page 11, line 23, after “subsection (1)” insert “who does not have a general qualification (within the meaning given by section 71 of the Courts and Legal Services Act 1990)”

<p>See the explanatory statement for Amendment 1.</p>

7

Clause 9, page 11, line 29, leave out “persons appointed under subsection (1)” and insert “such a person”

<p>See the explanatory statement for Amendment 1.</p>

NC1

To move the following Clause—<br> <b>“Child sexual abuse victims and the Criminal Injuries Compensation Scheme</b><br> (1) The Secretary of State must amend the Criminal Injuries Compensation Scheme to—<br> (a) widen eligibility for compensation to all victims of child sexual abuse, including online-facilitated sexual abuse;<br> (b) ensure applicants with unspent convictions are not automatically excluded where offences are linked to the circumstances of their sexual abuse as a child; and<br> (c) increase the time limit for applications for compensation from victims of child sexual abuse to seven years from—<br> (i) the date the offence was reported to the police; or<br> (ii) the age of 18, where the offence was reported while the victim was a child.<br> (2) The Secretary of State must lay before Parliament a new draft of the Criminal Injuries Compensation Scheme within six months of this section coming into force.”

<p>This new clause would widen eligibility for compensation to the Criminal Injuries Compensation Scheme to all victims of child sexual abuse.</p>