Victims and Courts Bill
Tuesday 20th May 2025
(2 days, 12 hours ago)
Commons ChamberVictims and Courts Bill 2024-26 Read Hansard Text Watch Debate Read Debate Ministerial Extracts
The Lord Chancellor and Secretary of State for Justice (Shabana Mahmood)
I beg to move, That the Bill be now read a Second time.
When the Government took office just 10 months ago, we inherited a justice system in crisis—our prisons were on the point of collapse, and the backlog in our courts was at record levels and rising fast—and victims were all too often paying the price. The Government are beginning the long and hard work of rebuilding our justice system so that it serves victims once more. In my eyes, that means meeting three principles.
The first is that justice must be swift. It is all too easily said that justice delayed means justice denied, but few have had the bravery to wrestle with the implications of that. This Government are investing more in court sitting days than any before them, but we know that that is not enough, so we will pursue reform—even if it courts opposition—in the pursuit of swifter justice for victims. That is why I have asked Sir Brian Leveson to propose once-in-a-generation reform of our courts. Jury trials will always be a cornerstone of our legal system for the most serious cases, but it is clear that we must consider whether there are cases heard before a jury today that could be heard in a different way, such as in front of a magistrate or a new intermediate court, in order to deliver the swifter justice that victims deserve.
The second principle of a justice system that serves victims is that punishment must be certain. This Government inherited the grotesque position of having more prisoners than prison cells. If prisons run out of space, victims pay the price. If courts hold trials and the police are forced to stop making arrests, crime goes unpunished and victims see no justice done. This Government will ensure that criminals face punishment. We are building 14,000 prison places in the largest expansion since the Victorian era, after 14 years in which the Conservatives added just 500 cells to our prison estate. We are also reforming sentencing so that our prisons never run out of space again and there is always space inside for dangerous offenders.
The third and final principle of a justice system that serves victims is that they are not retraumatised by their engagement with it. That third principle is what unites the specific measures set out in the Bill, and I will start by speaking about those which will force criminals to attend their sentencing in court.
In recent years, too many offenders have been allowed to cower in their cells rather than face the consequences of their actions. That is a final insult to victims and their families because it robs them of the chance to tell offenders, through victim impact statements, the pain they have caused. It robs victims and their families of the opportunity to look the offender in the eye and see them face the consequences of their crime and the full reality of their punishment. The Bill will change that.
The Bill gives judges the power to order criminals to attend sentencing hearings, it makes it clear that reasonable force can be used to ensure that happens and it hands out punishments to those who still defy that order. Adult offenders could face up to an additional two years in prison and an unlimited fine. I know, however, that that is little punishment for those who are serving long sentences or perhaps whole life orders, because they did not expect to see the light of day at all. For that reason, we will also give judges the power to impose prison sanctions on offenders, including confining criminals to their cells, the loss of privileges and, going further, limits on social visits.
If offenders appear in the dock but behave in a disruptive or disrespectful way, as has all too often been the case in recent months, judges must have the ability to remove them from the courtroom so that the hearing can continue and justice can be served. The Bill will give a judge the ability to impose the same penalties both on those who refuse to attend their sentencing and on those who attend but attempt to disrupt proceedings. While the previous Government brought forward similar measures, we are going further by expanding the range of punishment available through amending prison rules, which will expand the sanctions available to judges, and by extending the length of time for which such sanctions can be applied.
Clive Efford (Eltham and Chislehurst) (Lab)
I welcome this section of the Bill. My constituent, Sabina Nessa, was brutally murdered when she was on her way out to meet a friend. Her murderer refused to attend court and participate in his sentencing, and that caused a great deal of distress to her family. I therefore welcome the move not just to force these characters to turn up in court, but to apply sanctions when they do not comply; my right hon. Friend is to be congratulated on that.
Shabana Mahmood
My hon. Friend speaks of one of the tragic cases that has led to these changes in the law and on which, in fairness, the previous Government were also seeking to act before the election was called. We are pleased to go further on sanctions. I know that some of the families we are talking about are here and I will pay tribute to them in a few moments’ time.
We will take a delegated power to allow the Secretary of State to specify sanctions in regulations. Those regulations will provide discretion to prison governors, who hold a legal responsibility and accountability for what happens inside prisons. Judges will retain discretion over when to order offenders to attend. This means that, in cases where a victim’s family does not want to see the offender forced to attend, judges can decide differently. As this is a delegated power, the list of sanctions is not presented on the face of the Bill, but it will be rooted in the Prison Rules 1999, which will be amended and extended. The Secretary of State will have the ability to add more sanctions quickly and easily, should that be necessary. This approach offers much more flexibility than a rigid list, which would require the lengthy process of primary legislation to amend it.
I know that, for many, this day has been a long time coming. I am sure the House will therefore join me in paying tribute to the families of Olivia Pratt-Korbel, Jan Mustafa, Zara Aleena and Sabina Nessa, and I would like to welcome to this place Cheryl Korbel, Antonia Elverson, Jebina Islam, and Ayse Hussein and her daughter Angel, who are in the Public Gallery today. They have suffered unimaginable pain and then faced the indescribable trauma of an offender who would not face them. They have fought tirelessly to bring about this law, and we owe them a debt of thanks for their courage and fortitude. Today is their day, and it will have a lasting impact for others yet to come, who should never have to face what they have endured. While nothing will ever lessen the pain of such immense loss suffered by these families, this measure in the Bill is brought forward in the name and memories of Olivia, Zara, Sabina and Jan.
The Bill will also address the trauma that reverberates years after a parent has sexually abused their child. Today, a parent convicted of sexually abusing their child can continue to exercise parental responsibility for them. From behind bars, these vile abusers have been able to continue interfering in the lives of their children. Today a mother has to request that parental responsibility is restricted in a case where a father has committed a sexual offence against their child; now, we will automatically restrict the exercise of parental responsibility by anyone sentenced to four years or more for serious child sexual abuse against their children. This will restrict those rights from the moment of sentencing, so that children are immediately protected. It sends a clear message that abusers no longer have the power to exercise control. Making this step automatic will spare families the trauma of having to go through proceedings in the family courts, giving them the space they need to begin healing and move on with their lives.
The previous Government brought forward proposals in their Criminal Justice Bill to apply this measure to offences committed against all children, but that measure was restricted to child rape. Under their proposals, a parent could commit a wide range of heinous sexual offences against their child, including sexual assault and sexual exploitation, and not be covered. We believe that was too narrowly drawn; it overlooked the devastating impact of a parent committing other serious sexual offences against their own child—so although we supported the measures in opposition, we are now strengthening them in government.
Our measure will cover all serious sexual offences committed by a parent against a child they have parental responsibility for, such as sexual assault and sexual exploitation, causing a child to watch a sexual act and sexual activity without consent. There is no denying that we are in novel territory with this measure and, as such, we have a duty to take a balanced approach. This automatic restriction can, and likely will, be challenged. We do not yet know how many challenges the courts will receive. We have a responsibility to ensure that the courts are not overwhelmed, and that vulnerable children going through the family court do not suffer. For that reason, we have chosen to expand the offences beyond child rape, but to begin by restricting our measures to serious sexual offences where a perpetrator holds parental responsibility for their victim.
I have heard the strength of feeling from survivors and campaigners who want to see our measure extended to all offences against any child, not just where a perpetrator has parental responsibility. I understand the calls on us to be as ambitious as possible, and to expand this to a wider cohort of offenders, but we believe that our measure is stronger than what came before and is the right starting point for this novel change. We will work collaboratively and constructively with Members from across the House, and with those in the sector. I say to them that this is the beginning of legal change in this area, not the end.
The Bill will also strengthen the powers of the Victims’ Commissioner, so that victims are not forced to fight every fight themselves, but have the commissioner—both the individual and the office—to fight for them. That will ensure that there is proper accountability when victims are let down by the justice system, and that victims are not retraumatised by having to fight for every improvement to the system.
Rachael Maskell (York Central) (Lab/Co-op)
My hon. and learned Friend is making an excellent presentation to the House. My constituent Kevin Curran has campaigned all his life in memory of his brother Declan, who tragically took his own life. He was a victim of child sexual abuse. The ability to access therapeutic services is one issue, but another is that many providers are reluctant to give their services because evidence from medical records could be used to try to break a case. Will my hon. and learned Friend ensure not only that people can access therapeutic services, but that their records will not be used in evidence to destroy a case?
Shabana Mahmood
My hon. Friend raises an important point, and I am sorry about the case of her constituent. She will know that her request is one of the leading recommendations of the independent inquiry into child sexual abuse, and the Department of Health and Social Care has committed to taking it forward. I know that we will see more progress made in this area.
Under the Bill, for the first time, the Victims’ Commissioner will be able to act on individual cases that expose systemic failure. They will have the power to request information from agencies on why a failing has happened, what will be done to address it, and how we can drive change across the system.
Sir Ashley Fox (Bridgwater) (Con)
I welcome the inclusion of this measure in the Bill. Does the Lord Chancellor agree that the extension of the measure to local authorities and social housing providers is essential if the Victims’ Commissioner is to fully represent victims of antisocial behaviour?
Shabana Mahmood
The hon. Member makes a powerful point, and I will say later why the Government and I reject the idea that antisocial behaviour is low level and therefore outside the purview of the Victims’ Commissioner; that is why we are extending the commissioner’s powers. I welcome the support that the measure has received from the hon. Gentleman and others across the House. I hope we can all work collaboratively on the measure to ensure that it takes proper effect.
The Bill will also require the commissioner to produce a new independent assessment each year, providing much-needed scrutiny of how public agencies meet their duties under the victims code. It will ensure that victims’ rights are being upheld and, where they are not, that action is taken.
Jim Shannon (Strangford) (DUP)
I thank the Minister for bringing forward the Bill; what she has outlined is exactly what we wanted to hear. My constituent has asked me this question. During the restoration of justice, the victim often feels isolated from the process. Does the Minister believe that if the Bill is to be effective, communication is key? Does the Bill go far enough in ensuring an obligation to communicate? I know she wants that communication, but I ask for my constituent, and to satisfy my conscience.
Shabana Mahmood
The hon. Member makes an important point about communication with victims, and I will come a little later to the measures in that area that will enhance the system and provide a good foundation for us to build on, so that victims have the information that they need to get through criminal justice system processes, and are kept updated once an offender has served their sentence and is on licence in the community.
Jim Shannon
Will the Minister ensure that the legislation also applies to Northern Ireland? I understand that it does, but I meant to ask that question before; apologies for not doing so.
Shabana Mahmood
These matters are devolved in Northern Ireland—the Bill applies to England and Wales—but we are in regular contact with our counterparts in Northern Ireland. I know that the Victims Minister, my hon. Friend the Member for Pontypridd (Alex Davies-Jones), will engage with counterparts to ensure that, where possible, arrangements reflect each other. We all have an interest in ensuring that the whole system, across the UK, is as strong as it can be.
The Bill will also ensure greater accountability for how agencies respond to victims of antisocial behaviour. As the House will know, that is an area in which many victims are not heard and not supported. Incidents are too often dismissed as minor or low-level crimes, when they have a devastating effect on local communities and on people’s lives. The Bill will empower the Victims’ Commissioner to request information from local authorities, and from social housing providers, which sit outside the criminal justice system, so that the commissioner can better understand how victims of antisocial behaviour are being supported. Those measures are an important first step towards rebuilding victims’ confidence in the system, ensuring that their voices are heard, and leaving public bodies in no doubt that they will be held to account when they fall short.
Matt Rodda (Reading Central) (Lab)
My right hon. Friend is making an excellent and compelling speech. I warmly welcome what she is saying, which closely resonates with the feelings of many of my constituents in Reading town centre and elsewhere who have unfortunately suffered from antisocial behaviour in many different forms. I am sure that colleagues from around the country have experienced the same. I commend her approach and thank her for her work.
Shabana Mahmood
I thank my hon. Friend for his intervention. I know that this part of the Bill will get lots of support from across the House. By strengthening the Victims’ Commissioner’s powers, so that they can take more action on antisocial behaviour, it is important that we send the clear message that we will not tolerate antisocial behaviour ruining the lives of constituents up and down the country.
Becky Gittins (Clwyd East) (Lab)
Antisocial behaviour is a huge issue in my constituency. I have seen its impact on many of my constituents; it blights the community and makes people fearful in their own home. I have felt my constituents’ real disappointment when it has been labelled low-level crime; that has affected how supported they feel. Does my right hon. Friend agree that we must absolutely ensure that antisocial behaviour is not dismissed as low-level crime, and that its victims are put at the forefront of our justice system?
Shabana Mahmood
My hon. Friend is an assiduous champion for the people of Clwyd East. Let me assure her that I approach this as a constituency MP just as much as I do as a Cabinet Minister. Far too many of my constituents have, like hers, suffered antisocial behaviour and been unable to move on in their life because of the trauma that they suffered, day in, day out. They feel like nobody takes it seriously. Under the Bill, the Victims’ Commissioner will be able to hold local authorities and social housing providers to account to ensure that they deliver for the victims of antisocial behaviour.
Let me move on to other measures in the Bill. The victim contact scheme plays a critical role in ensuring that information is communicated to those who are eligible to receive it. The legislation that governs it is over 20 years old, and there are issues with the scope and operation of the scheme. Victims repeatedly say that the criminal justice system is too complex, disjointed and difficult to navigate, including when they try to access support. Where we can simplify and rationalise the system, we should. That is why the Bill will streamline the system. It will bring victims who are currently served by different operational schemes into the victim contact scheme, and will provide all victims with one clear route for requesting information, through a new dedicated helpline. Taken together, the measures will better support victims and ensure that they receive the right information about offenders at the right time.
I move on to measures that will improve efficiency and deliver swifter justice for the victims of crime. Timely access to justice is a cornerstone of public confidence in our legal system, yet we face a shortage of prosecutors—an issue that directly contributes to delays in our courts. Legislation prevents the appointment of qualified legal professionals—such as Chartered Institute of Legal Executives practitioners—as Crown prosecutors, even when those individuals are eminently capable, have experience in criminal litigation, and hold the necessary rights of audience.
Warinder Juss (Wolverhampton West) (Lab)
Only this weekend, I was discussing with a district Crown prosecutor and another Crown prosecutor the backlog in our court system, and they expressed strong concern about the recruitment and retention problem in the Crown Prosecution Service. I welcome this new measure, which will go a long way to ensuring that we have enough Crown prosecutors, so that the backlog in the court system can be eased.
Shabana Mahmood
We hope that the Bill will provide some immediate relief when it comes to the recruitment of prosecutors, because it will address an outdated constraint, remove unnecessary legislative barriers, and allow the CPS to recruit Crown prosecutors from a broader, more diverse pool of talent. Estimates suggest that there may be more than 800 CILEX specialist criminal practitioners who have expressed an interest in becoming a Crown prosecutor. The measure will support greater flexibility in resourcing, and may help to shorten waiting times for cases to be prosecuted. It supports our manifesto pledge to ensure that more prosecutors are available and, above all, may help reduce the long, painful wait that many victims face for their case to come to court.
We are committed to reforming the private prosecution system, so that it is fairer and has the right safeguards. Through the Bill, we are taking the first steps towards longer-term change. Although private prosecutions play an important role in our justice system, the way private prosecutors’ costs are awarded can provide perverse incentives for firms to bring private prosecutions. Costs in private prosecutions can be more than five times higher than in cases where both defence and prosecution are funded via fees that are set out in regulations. That is why the Bill will give the Lord Chancellor the power to make regulations to set rates at which prosecutors can recover their costs from central funds in private prosecutions. That will ensure the best use of public funds and reduce the incentive for private prosecutors to prioritise profit when considering bringing criminal proceedings.
Andy Slaughter (Hammersmith and Chiswick) (Lab)
I am sure that my right hon. Friend is about to mention that this comes from a proposal made by the Justice Committee as long ago as 2020, under my distinguished predecessor, Sir Bob Neill KC. I am glad to see that the measure is finally reaching the statute book.
Shabana Mahmood
I was just about to pay tribute to the Justice Committee for its work, to Sir Bob Neill, and to my hon. Friend, the current esteemed Chair of that Committee. I thank him and Members past and present for pushing for Government action on this matter, and I am glad that we have been able to include this measure in the Bill.
Let me turn to measures on the unduly lenient sentence scheme. As the House will know, the scheme is a safeguard that allows the Attorney General to refer certain cases to the Court of Appeal. That action is taken if it is believed that the original sentence did not adequately reflect the seriousness of the offence. However, in practice, the 28-day statutory time limit for referral has proven problematic when cases have been brought to the Attorney General’s attention late in that period.
The Bill will ensure that every eligible case is properly scrutinised, and will guarantee that the Attorney General has 14 full days to assess any request received in the final fortnight of that 28-day window. This change will ensure that enough time is allowed for cases to be fully considered and referred to the Court of Appeal as necessary, and will provide greater clarity to victims, families and the public.
Finally, the Bill will create greater consistency in the courts through a targeted and technical amendment to magistrates court sentencing powers for six offences. We are tidying up an anomaly that we inherited. These six offences were not included in legislative changes made by the previous Government. By ensuring that everything is aligned, this change will ultimately help to avoid confusion and errors in sentencing.
The Bill marks an important step forward in our mission to rebuild our justice system, so that it serves the victims who, in recent years, it has all too often failed. It brings forward long-overdue reforms that will strengthen victims’ rights, force offenders to attend their sentencing hearings, restrict the parental responsibility of convicted child sex offenders, and further empower the Victims’ Commissioner.
The criminal justice system in this country suffered terribly at the hands of the Conservative party: the backlog in our courts is long and growing longer; our prisons are trapped in a cycle of crisis; and victims have paid the price. This Government are beginning the work of reversing that damage. We will deliver swifter justice for victims, and ensure that criminals face certain punishment and that our justice system serves victims, rather than subjects them to trauma on top of what they have already suffered. I know this is just the beginning and that there is much more that we must do, but the work is under way and I look forward to a constructive debate ahead. I commend the Bill to the House.
Robert Jenrick (Newark) (Con)
In recent months, I have sat with Jeremy and Susan Everard, whose daughter, Sarah, was murdered in the most horrific circumstances; with Paula Hudgell, whose little boy, Tony, lost both legs through brutality and who asks why his abusers will one day walk free; with Katie Brett, whose sister, Sasha, was stabbed to death at 16; and with Ayse Hussein, cousin of Jan Mustafa, whose body was found in a freezer after a catalogue of official failings. Their stories are harrowing and their bravery and resilience is incredibly inspiring. They, and the relatives of countless other victims, have formed the Justice for Victims campaign group, because serious criminals are “escaping proper punishment.” Their demand is clear: make the system value the lives of those who were damaged or even taken.
We welcome legislation in the name of victims, but it must be worthy of that title. A Bill that carries the word “victims” should put victims first in practice and not just in prose. I appreciate, as the Secretary of State has rightly said, that some measures in the Bill are stronger than those in the predecessor Bill, but some measures are less strong, or at least different, to those in the prior Bill. Parliamentary time is precious. I know from my own period in government that one cannot always return to the same issues time and again, however worthy the topic, so we must not waste the opportunity afforded by the Bill to enact the most radical and serious changes to rebalance the criminal justice system in favour of victims. I will explain why and make what I hope will be seen as constructive proposals to the Secretary of State.
First, victims rightly want offenders to face them at sentence and to confront their crimes. All too often, cowardly criminals squirm away from the consequences of their actions, so I welcome the intent behind clause 1, which proposes to correct that. I question how the Minister will deliver recalcitrant offenders to court, when our own prison officers are already fighting for their lives with bare hands and little serious protection. That is not a new problem, but it is one that we all have to confront together. With no kit, there can be no confidence. In the wake of the HMP Frankland attack, the Minister’s idea of a limited taser trial sometime this summer in a handful of prisons, for specifically trained staff only, seems inadequate. We still do not issue every single officer with a stab-proof vest; body armour is “under review”.
Clause 1, for understandable and right reasons, piles fresh duties on staff, who tell me that they are already one assault away from leaving the service. Until Ministers issue full body armour and staff our escort units properly, this duty will be a burden to them. Officers will not feel safe to force violent offenders out of their cells, not least because the Bill affords them only the use of “reasonable force”, not the ability to use force as long as it is not grossly disproportionate, which should surely be the threshold in law. Judges making such orders need only to take into consideration the “reasonable excuse” of an offender to override the concern and the will of victims. What is the reasonable excuse to dodge justice? Surely that should be tightened to the most exceptional circumstances.
Where in this Bill is the right for victims’ views to be heard and recorded in court? Some victims will want the offender to come before the court, even in the knowledge that they will be highly disruptive, challenge the solemnity of the court and, frankly, behave in a way that many would consider to be deeply shocking and even scarring. Surely that should be broadly the victim’s choice; they should at least be properly consulted by the judge. This legislation is ultimately for the victims, even if the judge might have reservations or it leads to challenging situations or confrontations that we are not accustomed to in our courts.
Sir Ashley Fox
Does my right hon. Friend agree that using the test of reasonable force, as the Lord Chancellor proposes, raises the unpleasant prospect that prisoners so forced might bring claims for damages against the Lord Chancellor, which would be a further insult to victims? I firmly support my right hon. Friend’s view that “grossly disproportionate” is the correct legal test to use.
Robert Jenrick
I agree with the point that my hon. Friend has made. Given that the threshold of “grossly disproportionate” is an available and established concept in law, why not apply it in these circumstances, so that we can equip the criminal justice system with the standard it needs to ensure that in all bar the most exceptional circumstances, these individuals are brought to court if it is the wish of the victims of crime?
Secondly, Ministers say that clause 3 protects children from predatory parents, but the devil is in the detail. Only abuse of an offender’s own child counts—a point understandably made by the Labour party when it was in opposition. If a man rapes a neighbour’s child, he keeps full rights over his own infant daughter. The BBC this morning highlighted the case of Bethan, who was forced to spend £30,000 in the family court to strip her ex-husband, jailed for the gravest of offences, of parental responsibility. Bethan’s family call the Bill very disappointing, because it would not protect them.
Additionally, offenders jailed for three years and 11 months, which is still a grave sentence, retain their rights. Where is the logic behind four years? Thus far, that is unexplained. Where is the child’s best interest? Conversely, the Bill states that the order
“does not cease to have effect if…the offender is acquitted”
on appeal, so an exonerated parent may still be barred for life unless they marshal funds to return to court. That is neither proportionate nor principled. I appreciate the Secretary of State’s view that that may well be a starting point, but let us get this clause right. This is the opportunity, and it may well be the only one for some time.
I turn to clause 11. The unduly lenient sentence scheme is the last safety valve for victims when a judge gets it badly wrong, and I know how important that is. Just last week, a case that I referred to the Attorney General alongside my hon. Friend the Member for Keighley and Ilkley (Robbie Moore) was heard in the Court of Appeal, and three defendants had their sentences increased. Today, a victim has only 28 days from the date of sentence to request that the Attorney General make a referral. That clock starts even while they are still waiting for the official transcript to land.
Everyone in this House has met families who discovered the scheme after the deadline, who will forever wonder whether justice slipped through their fingers because they Google-searched the rules a week too late or did not reach out to their lawyers or friends in the system who were more knowledgeable. I have been very struck recently when speaking to victims—even victims of some of the most prominent and heinous crimes of modern times, who one might have thought would have been equipped with the very best legal advice and support—who simply did not know that the scheme even existed, let alone that it had such a short time limit attached to it.
Clause 11 gives only the Attorney General, not the victim, an extra 14 days when the paperwork arrives on day 28. Officials get six weeks; the mother of a murdered child still gets only four. Ministers claim that this is levelling the playing field, but it is nothing of the sort. Victims’ groups, from rape and sexual abuse centres to the Centre for Women’s Justice, have pleaded for a straightforward fix: double the victim application window to 56 days, and require the Crown Prosecution Service to notify every complainant in writing of the existence of the scheme and of that deadline on the day of the sentence. Those groups asked for time; on this occasion, the Government have delivered bureaucracy. That is clause 11 in a nutshell—a lifeline for Whitehall and the Attorney General’s staff, but not for the people we are sent to Parliament to defend.
Let me now turn to what the Bill does not try to do. The court backlog is spiralling, and the Ministry of Justice cannot yet provide a date by which it will start to come down. Going before the Justice Select Committee, its permanent secretary could not answer that most basic question for an official charged with leading the service. When is this going to start getting better? Cases are being listed today for as far away as 2029; meanwhile, victims are in limbo with their lives left on hold. Justice delayed is justice denied. Today, 74 courtrooms across the country are sitting empty because the Justice Secretary still has not taken the Lady Chief Justice up on her offer of extra sitting days. There is barely anything in this Bill that will put a dent in the court backlog—nothing that maximises court sitting days. Not one clause addresses listings, disclosure or digital evidence.
For many people, our justice system is opaque and secretive. I am a firm believer that sunlight is the best disinfectant—that greater transparency drives change and enhances confidence—but there is nothing in this Bill that enhances transparency on the court backlog, such as publishing the number of courtrooms that are not sitting each day and why they are not sitting. It falls to start-ups producing websites and apps to provide that information, not the Ministry of Justice itself. Nothing in this Bill increases access to court transcripts, so that victims, the press and the public can see justice dispensed. That issue was recently given further prominence by the public’s shock and anger when they heard or read fragments of the transcripts of grooming gang trials. As technology transforms the ability of the courts to provide reliable transcripts using artificial intelligence, we should provide a better and more transparent service to the public and the media. That is possible, so why not use this Bill to establish basic standards in law for the benefit of every victim across our country?
There is also nothing in the Bill that mandates the publication of data on offenders’ visa status or asylum status, so that we know where offenders are coming from. We need that information in order to design a criminal justice system and, above all, an immigration system that protects the British public. The London Victims’ Commissioner has said that the £1 billion of unpaid court fines is “truly astounding”, and that the failure of the Courts and Tribunals Service to recoup outstanding offenders’ fines must come under greater scrutiny. Again, the Bill is silent on that—it contains no extra powers to recoup that money. At a time when the Ministry of Justice’s budget is unquestionably under strain, why not do everything to recoup unpaid court fines, beginning with those? Victims are suffering as a result.
We welcome legislation in the name of victims, but it must be worthy of that title. Victims have asked for justice that is swift and certain; in many respects, this Bill is slow and tentative. I urge the Government to amend it—to strengthen it—so that it really does put victims first, in practice and not just in prose. Where it does, the Secretary of State and the Government will have our support, for justice and for the victims.
Madam Deputy Speaker (Ms Nusrat Ghani)
I call the Chair of the Justice Committee.
Andy Slaughter (Hammersmith and Chiswick) (Lab)
This Bill builds on the Victims and Prisoners Act 2024, passed by the last Parliament, to improve the experience of victims in the criminal justice system, the functions of the Victims’ Commissioner and, more generally, the administration of criminal justice. Like its predecessor, this Bill is published against the backdrop of significant court backlogs, with victims of crime too often waiting years for their cases to come to court, and with criminal legal aid advocates turning away from the profession. This Government have taken steps to tackle those deep-rooted problems, built up over years by the last Government’s failure to invest in the criminal justice system, but until they are resolved, victims will continue to suffer harm for too long.
On 27 March this year, the latest criminal court statistics were published, showing a record high of 74,651 outstanding cases in the Crown court, as at the end of December 2024. Also in March, the Victims’ Commissioner published a report entitled “Justice delayed: The impact of the Crown court backlog on victims, victim services and the criminal justice system”. The report concluded:
“With the increased number of victims held in the system because of the backlog, victim services are under increasing pressure which impairs their ability to provide the accessible, high-quality support that victims need.”
It called for
“The government to explore how victims whose cases are going to trial might be given a single point of contact to improve communication and ensure their Victims’ Code entitlements are delivered… The restoration of an independent Courts’ Inspectorate so that the operation of the Court Service is subject to rigorous independent scrutiny… Providing emergency funding to victim support services to help them cope with increased caseloads arising from the court backlog crisis.”
My right hon. Friend the Lord Chancellor wrote to the Select Committee in April, in response to concerns that changes proposed in Sir Brian Leveson’s review would not have a direct impact on delays in the Crown court for a considerable time. My right hon. Friend noted:
“The system requires substantial reform, and the department looks forward to receiving the Independent Review of the Criminal Courts’ recommendations on longer-term structural reform options later this spring, followed by recommendations on the efficiency and timeliness of court processes by Autumn.”
It is against that challenging background that we debate the Bill today. I welcome the measures in it, and I know that the ministerial team will use the leverage that it gives them to improve the lot of victims in the criminal justice system, but, as in every other aspect of the work of the Ministry of Justice, they have been set a difficult task by past neglect.
Let me comment briefly on the main provisions in the Bill. First, it deals with attendance at sentencing hearings. It will give Crown court judges an express statutory power to order the attendance of offenders at their sentencing hearings and to sanction those who refuse to comply with such an order, or who attend but then commit contempt by misbehaving or disrupting the proceedings and are removed as a result. They may receive up to two years’ additional imprisonment and/or the imposition of prison sanctions. Those proposals have been welcomed by advocates for victims and organisations working in the violence against women and girls sector. However, there are some concerns about how these provisions will work in practice and about the implications for judges, court staff, prison officers, prison escort officers and prison governors.
Secondly, the Bill deals with restricting parental responsibility. Concerns have been raised that people convicted of serious crimes can retain their parental responsibility unless an application is made to the court to restrict or terminate it. That means, for example, that they can potentially ask for school reports, be consulted on medical issues, and withhold their consent to a child’s going on holiday or being issued with a passport.
In last year’s King’s Speech, the Government committed to legislating to restrict parental responsibility for child sex offenders. The new provisions automatically restrict a person’s parental responsibility when they are sentenced to four or more years in prison for a “serious” child sexual abuse offence against a child for whom they hold parental responsibility. This means that instead of the non-offending parent or carer having to drive the process, the offender’s parental responsibility will be automatically restricted at the point when they are sentenced.
Thirdly, I will discuss victims’ rights. The Bill will: update the Domestic Violence, Crime and Victims Act 2004 to expand the eligibility criteria to victims of more offences, who will then be covered by the victim contact scheme; create a victims helpline for some victims who are not covered by the scheme; expand the definition of “victim” for the purposes of the scheme; and ensure greater consistency for victims of offenders who are subject to a hospital order.
Fourthly, I will address the powers of the Victims’ Commissioner. In their manifesto, the Government committed to increasing the power of the Victims’ Commissioner. The Bill achieves that by allowing the Victims’ Commissioner to exercise their functions in individual cases that raise public policy issues, placing a duty on local authorities and social housing providers to co-operate with the commissioner for the purposes of supporting victims and witnesses of antisocial behaviour, and empowering the commissioner to report independently on the victims’ code.
Fifthly, I will speak to prosecutions. The Bill seeks to increase the flexibility of the director of public prosecutions in appointing Crown prosecutors. It will remove the legislative barrier that is preventing CILEX lawyers, who have specialist qualifications and more limited rights of audience, from becoming Crown prosecutors.
Sixthly, I will discuss the cost of private prosecutions. In June 2020, the Justice Committee launched an inquiry into the fairness of private prosecutions and the need for procedural safeguards, following a request from the Criminal Cases Review Commission that arose from the Horizon scandal. The Committee recommended that the Government should
“urgently review funding arrangements for private prosecutions in order to address the inequality of access”
and
“ensure a fair balance between the prosecutor and the defendant”.
In March 2021 the then Government accepted the Committee’s conclusions and agreed that
“costs recoverable from central funds by a private prosecutor should be limited in the same way that costs so recoverable by an acquitted defendant already are, by being capped at legal aid rates.”
They said that this would require amendments to the existing legislation, and I am pleased that, through clause 10, the Lord Chancellor is able to make regulations to achieve that aim.
Finally, the Bill introduces greater flexibility into the unduly lenient sentence scheme, as requested by, among others, the Victims’ Commissioner for London. There are other technical changes in the Bill, but those are the major proposals and I welcome them all. In aggregate, they both assist victims in their progress through the criminal justice system and reform that system to make it more consistent and user-friendly.
The Bill is not a panacea for the troubles afflicting the criminal courts—that will require more radical root-and-branch reform, and for that we await the findings of the independent review—but it is a step along the road towards a fairer and more humane criminal justice system for victims.
Madam Deputy Speaker (Ms Nusrat Ghani)
I call the Liberal Democrat spokesperson.
Josh Babarinde (Eastbourne) (LD)
It means a lot to be speaking about this Bill as the Liberal Democrats’ justice spokesperson, but also as someone who has engaged extensively with the criminal justice system as a victim. When I came out the other end of a gruelling Crown court trial as a victim several years ago, I pledged to myself that I would do everything I could to play a part in fixing a system that too often re-traumatises and punishes victims.
When I was part of survivors group therapy with Survivors UK a few years ago, I processed my experiences of abuse alongside 11 other brave men, some of whom are watching today. I swore to those lads that I would never forget their stories, and that I would do what I could to help transform our pain into justice for victims and survivors in the future.
When I meet victims of crime who come to see me for help in my constituency, I promise them that I will throw the kitchen sink at fighting for the support that they need and deserve, so my contribution today is for all of them. I say on their behalf that it is time to shift the centre of gravity back to victims in our criminal justice system. It is time to give victims their voices back. It is time to dignify victims’ experiences with action.
That is why Liberal Democrats fully support the Bill’s efforts to address, for example, the horror of children still being subject to the parental responsibility of those deplorable parents who are convicted of serious sexual offences against them. That is why we welcome the proposed victims’ helpline, eligible for victims whose perpetrators are sentenced, regardless of length, so they can get information about perpetrators’ release and so on. That will go some way to help address some of the concerns I have expressed about the shortcomings of the existing victim contact scheme. I thank the Government for taking on board the feedback from me and many other Members and groups.
It is why the Liberal Democrats also welcome the Bill’s measures to strengthen the powers of the Victims’ Commissioner, empowering them almost to act more like an ombudsman who can take up the causes of individual victims where it is in the public interest. That is why we agree that defendants should participate in sentencing hearings, because robust rehabilitation necessarily involves facing up to one’s actions and understanding the impact of them on their victims.
Liberal Democrats believe that the Bill could be even more ambitious for victims and survivors. That is why, while supporting the Bill in the remaining stages of the legislative process, we will be challenging the Government to address some of the serious omissions that stand to leave victims without the protections they need. The first—the Minister knows this is coming—is on domestic abuse.
The Liberal Democrats have highlighted that this Government have inherited a scandalous state of affairs, where the state does not know how many domestic abusers are behind bars. The Government do not know the reoffending rate of domestic abusers in our criminal justice system. The reason is that there is not a specific identifier in our system, whether it is an offence or something else. Since November last year, we have been screaming out for the Government to deploy robust measures to officially identify domestic abuse perpetrators on a statutory basis, so that victims and survivors can be better protected. I am genuinely grateful that the Government have agreed to seriously develop a way of identifying perpetrators. I know that work is happening behind the scenes, but I would like the Minister to confirm on the record whether we can work together to achieve that in this Bill, or, if not in this Bill, in which piece of legislation in future we might be able to see some progress.
The second gap is on court transcripts. Victims and survivors need measures that deliver fair access to court transcripts. The shadow Justice Secretary forgot to mention that my hon. Friend the Member for Richmond Park (Sarah Olney) has led the way on the issue in this place, repeatedly urging the previously Government to make permanent the pilot scheme.
Victoria Collins (Harpenden and Berkhamsted) (LD)
One of my constituents, a victim of domestic abuse, has written to me about the work Sarah has done, which has resonated across the country. My constituent said that access to transcripts was difficult. She welcomed the pilot from the Ministry of Justice but said that the communication around that for victims was not good enough. Does my hon. Friend agree that, whatever work is done, we need to ensure that victims are communicated with so that they know what powers they have to access the information they need?
Madam Deputy Speaker (Ms Nusrat Ghani)
Order. I remind Members that we refer to colleagues not by their first or second names, but by their constituency.
Josh Babarinde
I thank my hon. Friend for that intervention. She is absolutely right; it is critical not only that victims’ rights are strengthened, but that victims have the knowledge of those rights and entitlements so that they can invoke them, enforce them and, fundamentally, benefit from them.
My hon. Friend the Member for Richmond Park has been urging the Government to make permanent the pilot scheme that affords victims of rape and other sexual offences a record of their sentencing remarks free of charge. She has campaigned on this issue for years, not just since the populist bandwagon has been in town, like some others in this House.
With the pilot scheme ending imminently, we must not return to a world in which some victims are charged up to a staggering £22,000 just to see a write-up of their case. This is exclusionary justice, delivered at an eye-watering price. As well as campaigning for the pilot to be extended, we would therefore push the Government to expand it to cover a far wider pool of victims and survivors.
On a similar note, as a constituency MP, I encourage the Government to take steps to encourage not just written but audiovisual records of court proceedings to be made available to victims and survivors. A mother came to a recent constituency surgery to share with me that her son, who has special educational needs and is non-verbal, was restrained on home-to-school transport, and legal proceedings were kicked off as a result. The mother did not get to see the video evidence of the incident until the court case, and has had no access to that harrowing and traumatic evidence since. She ought to have the right to it, so I hope the Government will be able to help us on that matter.
A third gap is on national insurance contributions. We need support for victims’ charities, who have said that the hike in contributions in the Budget will take their services and the victims who rely on them to the brink. A fourth gap is on family courts. We need measures to prevent abusers from using parental alienation proceedings to perpetrate their abuse. A fifth gap is on the court backlogs, which leave so many victims in the lurch for years—when can victims expect to see measures to tackle them?
In conclusion, the Liberal Democrats are concerned that these gaps in the Bill risk overshadowing many measures that I know Ministers have been working hard on. We look forward to supporting the Bill and its efforts to ensure that victims are heard, protected and respected. We will challenge the Government to go further and faster to ensure that victims and survivors get the support they deserve and that they do not pay the price for the neglect they were subject to under the previous Government.
Madam Deputy Speaker (Ms Nusrat Ghani)
There are many colleagues hoping to contribute; to enable hon. Members to prepare, I inform the House that after the next speaker there will be a speaking limit of four minutes.
Anneliese Midgley (Knowsley) (Lab)
Today, I will speak to one part of the Bill, which will require convicted offenders to attend their sentencing hearings and provide consequences where they refuse. It is known as Olivia’s law.
Olivia Pratt-Korbel was nine years old when she was murdered in her own home by a stranger with a gun. The murderer, Thomas Cashman, fired a bullet through the door of Olivia’s home, which passed through the wrist of my constituent, Cheryl Korbel—Olivia’s mother—before hitting Olivia in the chest and ending her life. Cheryl and her cousin Antonia are with us in the Under-Gallery today.
To lose a child to murder in your own home, while you try to protect them, is a burden that no parent should ever be asked to bear, but under our current justice system convicted criminals can opt out of attending their own sentencing. That is what Olivia’s murderer did. Cashman remained in his cell, refusing to face the court, to hear Cheryl’s words or to look her in the eye. It was the act of a coward. That injustice must end.
Nothing in this world can bring Olivia back. But instead of collapsing under this weight, Cheryl fought back. She and her family have campaigned so that no other family would suffer the same. Olivia’s law is her work. It is Olivia’s legacy, and it is Cheryl’s legacy.
Today I will read out Cheryl’s victim impact statement. These are the words that the murderer—the coward—Thomas Cashman refused to hear. I want the words of Cheryl Korbel committed to this House, so that they will be on record in this place forever. Let her words ring out in this Chamber, like they should have done in Cashman’s ears that day.
“Olivia was born six weeks early on 13 June 2013 at Whiston hospital weighing 4lbs 2oz. She was so tiny that she fitted in one hand. She had the most beautiful tanned skin. There wasn’t a blemish on her.
The tiny little bundle grew into a toddler, having the most perfect chubby rolls on her legs. Every time we went out, we were stopped by anyone and everyone, saying how beautiful she was, especially her big, beautiful brown eyes and thick curly hair.
Ryan and Chloe adored her as their baby sister. She slept in my room until she was one and then she moved into the big room with Chloe.
Liv wasn’t the best sleeper and would wake up of a night. Often by the time I got to her Chloe was already up and soothing her. Chloe was like a second mother to Liv.
The years passed by too quick and Liv started nursery. She was loved by everyone. She loved to play, in particular playing house and princesses. Cinderella was their favourite.
At home she would dress her dog Gizmo up in a blanket and put him in a pram, pushing him around the house. Gizmo still brings his blanket into me now.
More years passed and Liv skipped into her first day of reception. I was heartbroken but she was so happy and content. I couldn’t believe my baby was going into big school. She loved helping others and especially the role of being the teacher’s helper. She had a special bond with one of her teachers.
Liv was such a social butterfly. She was particularly good with younger children and was such a caring little girl. Liv had really long and beautiful brown hair. Something she was very proud and particular about.
A few weeks before she was cruelly taken away from us Liv had heard about the Little Princess Trust and what they do, from a friend in school. After talking to me, Liv decided she wanted to donate 12 inches of her hair, in her words, ‘for the sick kids to have beautiful wigs’.
We then went online together and applied for the sponsor form. Liv was due to have her hair cut on 27 August.
Liv was a girly girl and loved to play with makeup. She loved shoes with heels on. She didn’t want to wear trainers, ever. She had her own style and would wear what she wanted to wear even though it often didn’t match.
She would go to our Tony’s house with the girls and come down in their clothes and say she’d just found them. Those clothes would then make their way to our house and the girls would never see them again.
As Ryan and Chloe got older and began doing their own things, it became mostly me and her on our own. She was nicknamed my shadow. We were just always together, me, Liv and Pearl her purple bear.
This was once Chloe’s bear, but Liv took a liking to it and decided it was now hers. Pearl was her comfort blanket.
Each evening was different with Liv. One night we could be watching Matilda while she was upside down on the couch. The next night, she would leave me watching H2O while she sneaked upstairs to Ryan’s room whilst he was out so she could lie on his bed watching YouTube on her iPad.
Liv never stopped talking. Literally never. Even if she wasn’t directly talking to anyone, she would be chatting away. One thing I miss most is hearing her say ‘mum’.
I just miss hearing her voice. It’s just so quiet. I would do and give anything in the world to have her chatting to me. It’s so very lonely without her. Everything is just so quiet. I just can’t cope with the silence.
Setting my alarm at half seven in the morning is something I still do because it’s ingrained in me. The day goes by in a blur and then gets to half two and I think about the school pickup, something I will never get to do again as a mum.
She was and will always be my baby. But I miss the routine we had. My mind keeps telling me that I’ve forgotten to pick her up from school.
Now tea time was a big thing for me. Because it was so centred around her and what she wanted for tea.
Everything I do and everywhere I go is a constant reminder that she is not there with me.
This happened in our home where we felt safe and should have been safe. We had no choice but to leave the home that was Liv’s first and only home. When the police left and we weren’t allowed back there, it was heartbreaking.
I walked in and it was if time had stood still. The cups of tea still sitting on the coffee table, next to her Little Princess Trust sponsor form. Liv’s new bike still propped up on its stand. One of her dolls laying on the living room floor and her brand new sparkly shoes in a box.
Right at that moment I was home. We were back to how our lives were before that night. And I soaked up the surroundings until reality dawned and brought me back to my living nightmare. Packing up our home was horrendous. Having to pack up our lives, having to strip Liv’s bed, pack her clothes, toys, jewellery, her memories into a box.
No mother should ever have to do that.
We left our friends, our neighbours. My neighbour Chris was amazing and often when I needed to go to work would sit with Liv until Chloe got home from college.
It’s so hard to go back to the area where I grew up and where I raised all three of my children, the area where some of my closest friends live. The smallest of things remind me of Liv, her friends playing in the streets. When I see them it’s hard to accept she is no longer here.
Moving into the new house was difficult for all of us. Not being able to make her bed, put her clothes away. The toothbrush in the bathroom and not having her favourite food in the fridge.
And that night when I realised Liv had been shot and needed me. I was not able to do CPR properly on her because of my injury. I did not have full use of my hand and I felt helpless. It was only then my neighbour came in and tried all he could to save my baby.
My worst nightmare was being separated from Liv and not being with her when she needed me the most. I was the first person to hold my baby girl and as her mum I should have been the last.
I cannot get my head around how Cashman continued to shoot after hearing the terrifying screams. The utter devastation he has caused, he doesn’t care. How could he? His actions have left the biggest hole in our lives that can never be filled.
That man set out to do a job and he didn’t care about anyone else. Or who got in the way. He certainly couldn’t own it either. Ryan, Chloe and I are just existing day to day and have been since it happened.
We have been waiting for the trial and focusing on it and not addressing how utterly broken we are as a family. I cannot even think about rebuilding our lives without her.
Because of this we have missed out on so much, my nan who was 92 adored Liv and Liv her. Recently my nan’s health deteriorated, and she was admitted into hospital. A couple of weeks ago we were able to bring her home on end of life care.
Due to being at court every day we have not been able to spend enough quality time with her; my main focus has been getting justice for Liv. I believe she held on long enough to hear that that coward had been found guilty. Sadly my nan passed away last night.
My nine-year-old Liv was the light of our lives, our beautiful, sassy, chatty girl who never ran out of energy. She was a character, she was my baby, she had amazing qualities and knew what she wanted in life.
She will never get to make her holy communion, wear that prom dress or have a sweet 16th birthday, walk down the aisle with the man of her dreams or become a mother of her own children. All that promise for her future so cruelly taken away.
Now I have to drive to the cemetery to be close to my baby daughter. I sit with her and talk to her telling her I miss her smile, her kisses, her cuddles, her voice.
I tell her she will live on in my heart, she will always be with us, my little shadow.
We love you endless amounts Liv.”
Let Cheryl’s words be heard. Let them be honoured. Let Olivia’s law pass, and make sure that no victim’s voice is ever shut out of justice again. [Hon. Members: “Hear, hear.”]
Madam Deputy Speaker (Caroline Nokes)
I thank the hon. Lady for sharing that with us. It was important that the House heard it.
Sarah Bool (South Northamptonshire) (Con)
I pay tribute to that powerful contribution from the hon. Member for Knowsley (Anneliese Midgley). Our thoughts and prayers are with Liv’s family in the Gallery.
I truly welcome the provision of better information for victims of crime. It is essential that victims are at the heart of justice. As Baroness Newlove has said in regard to domestic abuse:
“Victims and survivors of domestic abuse must be able to trust in our criminal justice system—that it will provide a robust, trauma-informed response that prioritises their safety while holding perpetrators to account.”
We must ensure that victims feel not only that they will get justice, but that they can trust the system. We need to restore trust and confidence in our system.
I am glad to see that the Bill will bring more victims into the scope of the victim contact scheme. They must be given more information about an offender’s upcoming release and the discharge of licence conditions, and should be notified of key events, such as an offender’s transfer to an open prison. One of my constituents raised with me the case of a domestic abuse survivor who, along with her unborn child, survived an attempted murder by her ex-partner. Although he received an 18-year sentence in 2016, in March this year he was eligible for open prison placement four years early, and that was incredibly distressing. As they often say, perpetrators of domestic abuse know everything about their victims. They know where they live, where they work and where their children go to school. It is terrifying for victims to find that perpetrators are potentially being released early; they cannot prepare for that. I want parole boards involved in the decision to give an open prison placement to a domestic abuse offender, so that we can ensure that victims’ voices are heard.
It was said earlier that timely access to justice is key, but confidence is, too, and we must be careful about the language we use. We must ensure that all victims trust our legal system, and I fear that some discussions do more harm than good.
Mrs Elsie Blundell (Heywood and Middleton North) (Lab)
I begin by thanking my right hon. Friend the Lord Chancellor for bringing forward this much-needed legislation, which will change our justice system for the better by strengthening support for victims and holding those who violate our laws to account.
In my constituency of Heywood and Middleton North, the scars of serious crime and antisocial behaviour and an inundated court system hold back our communities. My constituents and people across the country are looking for answers to those challenges, rather than the posturing that we see all too frequently in some quarters. This Bill goes a long way to providing those answers, and I know that the changes will be truly welcomed in my constituency.
Last week, I held a town hall event focused on crime and antisocial behaviour in Spotland, an area that I am proud to represent and to relay concerns from today. I place on record my gratitude to all those who attended, and who gave their stories, as well as those from Rochdale borough council, Greater Manchester police and Rochdale Boroughwide Housing, who also attended and were questioned by local residents. We covered a vast array of issues in a constructive and thoughtful manner, and I believe we got to the crux of what keeps people in Spotland and across my constituency awake at night: ultimately, it is the safety and security of their families and loved ones.
Across our borough, stalking offences, dangerous driving, off-road bikes and drug crime have been growing in prominence. In Greater Manchester, our court backlogs are some of the largest in the country. Most people I spoke to at the event were weary after years of cuts that reduced the police presence, which is essential, and consistent under-investment in our courts. They have seen a system that was built to protect them pushed to the brink and unable to respond effectively to the changing nature of crime in our communities.
Despite the challenging nature of what we discussed, I did not come away disheartened. On the contrary, I came away hopeful and determined to take my constituents’ concerns forward. Communities are rarely unresponsive to challenges, or idle in the face of them. In fact, they want to be part of the solution. People in my constituency want to work alongside authorities and local leaders to make our streets safer and to make sure that victims are supported and perpetrators face the full force of the law. They want common-sense and considered interventions from Government, like the ones before us today.
I will touch on one of the Bill’s provisions that will make a real difference to the communities I represent. First, the shadow of on-street grooming still hangs over families and survivors in my constituency. That is alongside wicked present-day crimes perpetrated against children across the country, the cruelty and cowardice of which remain with victims for life. According to the Centre of Expertise on Child Sexual Abuse, 500,000 children will experience some form of child sexual abuse every year in England and Wales. A third of childhood sexual abuse offences are committed in the family environment. We must make sure that children who are exploited or abused no longer remain under the responsibility of a family member capable of committing such vile acts. That is why I commend the provisions in the Bill to restrict parental responsibility for offenders sentenced for abusing young children.
Families must feel that they have a place to turn to when this unimaginable violation befalls a loved one, and must feel supported in law. I wholeheartedly support the steps to minimise bureaucracy and limit procedural burdens in a way that mitigates the further distress put on families, so that they can begin to rebuild what the perpetrator has shattered. I also support other measures in the Bill, including the provision that mandates perpetrators to attend their sentencing hearing or face further penalties.
As we know, crime does not exist only at a single point in time; its implications live on for victims, sometimes forever. Neither is it faceless. Behind each criminal act is a perpetrator who should face the consequences of their decisions. They should be made to look at the damage they have done to a person’s life, and to hear the verdict on their crimes. The Bill gives victims agency—
Sarah Olney (Richmond Park) (LD)
I pay tribute to the hon. Member for Knowsley (Anneliese Midgley) for her incredible speech, to Olivia’s family, and to the Government for listening to their call and including that provision in the Bill. I want to talk a little more about provision for victims, and in particular my court transcripts campaign; the Minister knows this is coming. I thank my hon. Friend the Member for Eastbourne (Josh Babarinde) for his generous tribute on that point.
I am really disappointed that there is no mention of court transcripts in the Bill. Trials are lengthy and traumatising experiences, which victims do not routinely attend; some are actively advised against doing so. Reviewing the sentencing remarks can help provide victims and survivors with clarity and closure, but too often accessing those sentencing remarks is unaffordable, which only adds more barriers to achieving justice. That is why throughout the last Parliament I campaigned on providing victims and survivors with free access to copies of their transcripts. I am glad that my open letter to the then Justice Secretary received support from the then Mother and Father of the House, as well as the former Chair of the Justice Committee.
I was glad to have cross-party signatories to my amendment to the Victims and Prisoners Bill in the last Parliament, which, if accepted, would have enabled all victims to receive a transcript of both the sentencing remarks and the judge’s summing up free of charge. Despite broad support, the amendment was ultimately unsuccessful both in this House and in the other place, where a similar amendment was tabled by my colleague Baroness Brinton and blocked by 187 Tory peers.
Given the previous Government’s refusal to address this gross inequality and their inexplicable opposition to this policy, letting down victims and survivors, I have been interested in the Conservatives’ change of heart. I notice the shadow Justice Secretary’s recent support for transcripts, and the right hon. Member for Goole and Pocklington (David Davis) raised the issue of the accessibility of court transcripts with the Justice Secretary last month. I am glad to see indications that they may be finally acknowledging the extent to which the last Government failed victims.
Following my campaigning on this issue, and the invaluable work of campaign groups working to support victims, I am glad that a 12-month pilot scheme was introduced in May last year. The scheme gives victims of sexual assault and rape access to court transcripts of their trials at no cost to them. Victims and survivors who have made use of the pilot have reported that its impact has been transformational, yet to my recent question on the issue, the Minister responded:
“We are currently assessing the pilot’s uptake and impact and will be able to say more on our plans for future provision in due course.”
As I am sure the Minister is aware, last week I introduced a Bill to the House that called for the rape and sexual offences free sentencing remarks pilot scheme to be made permanent. My recent early-day motion on this issue, which calls for the scheme to be expanded to cover all victims of crime, has also received cross-party support. If the Government do not make the scheme permanent, not only will they fail victims, but they will be not upholding the commitment in the King’s Speech last year to strengthening support for victims.
I have heard directly from constituents who have accessed their transcripts, having not attended their trial, as well as from members of the public from across the country who have been through similar experiences. They have told me of the hugely positive impact that accessing a court transcript has had on them and their journey. With just eight days until the scheme is due to end, and given that I still await a response to the letter that I and my hon. Friend the Member for Eastbourne sent to the Justice Secretary on the issue, will the Minister outline the future plans for the scheme? I urge her to make support for victims permanent. I also ask the Ministry to make clear its basis for discontinuing the pilot scheme.
I welcome so many measures in the Bill, and I really welcome its additional support for victims. I really hope that as the Bill continues through the House, we can amend it to extend the pilot scheme and make it permanent.
Natalie Fleet (Bolsover) (Lab)
I declare an interest as a member of the Women and Equalities Committee. Rape survivors are too often hidden in plain sight. In Bolsover, my constituency, 10,554 women will have been raped or sexually assaulted since they were 16—a third in their own homes—in Shirebrook, Tibshelf, Wessington, Barlborough and every village and town in between, and 5,277 of them will have been raped more than once; 880 will have reported it, and if we are lucky, 26 will have seen a charge brought.
I have permission to share the experience of one of the wonderful constituents who reached out to me. She said,
“I was spiked in a hotel and sexually assaulted in my room where I thought I would be safe.”
As a result, she says,
“I lost my job, my marriage nearly crumbled and I lost six of my son’s most formative years because my brain shut down completely…and I went into survival mode.”
She continues:
“We need to raise our boys better, to respect and work alongside women without judgement or expectations around sex”.
She is right, but this is not just a Bolsover problem; this is a society issue. Rape is a part of our national story—a part that we are not telling—and we cannot continue with a culture where he did it and she hid it.
Women do not report because they have been let down by the courts for too long. That was the case for another of my constituents, who went four years and five months from rape to trial, with multiple suicide attempts. I am so pleased that this Government are doing something about this, and are treating violence against women and girls as the national emergency that it is. The measures in this Bill mean that victims of crime will finally be put first.
The Bill is also our opportunity to put a full stop to a lifetime of ongoing trauma. I will keep speaking about the 10 babies born every day to their mummies who have been raped—six children in my constituency every year, and in every constituency across England and Wales. We see those children hidden in plain sight on our school visits; we see them as adults in the workplace; they drink among us in the pub. But their brave mothers have hidden the story behind their existence throughout history—often even from them.
The mums tell me about the struggle to bond with a baby who looks like the man who hurt them. They tell me about the pain of loving their children and also wishing that they did not exist. They tell me about living with the threat of their rapist being part of their life forever. One survivor said that she could not report the crime because the perpetrator had parental responsibility, and told her that he would use it if she reported it. Being charged, going to prison—nothing would take away his rights around the child who was conceived when he raped her. This Bill is our opportunity to change that. I call on our Government to remove parental responsibility where a child is conceived via rape. Our precious children can no longer be the only proceed of crime to which a criminal has lifelong access.
Katie Lam (Weald of Kent) (Con)
It is a privilege, as a Member of Parliament, to support our constituents in their hour of greatest need. All too often, that is when they are a victim of an appalling crime. Many of the constituents I speak to are at their wits’ end; they are desperate to be heard, helped and protected. They rightly want their tormentors to be made to stop, and they want justice.
Many of the steps taken in the Bill will be welcomed on both sides of the House and by victims across our country. It is right, for example, that we restrict convicted sex offenders’ access to their children, and it is right that we give victims more information about their offenders’ release. However, the calls for justice for the victims of grooming and rape gangs grow only louder. Across this country, people are rightly horrified by these crimes and the subsequent cover-up, which represents the biggest national scandal in our history, yet the Government have failed to use this opportunity to deliver real justice for those victims and survivors.
Last month, I spoke in this place of the details of just some of these disgusting crimes. I was able to so because of the organisation Open Justice for All, which has purchased, redacted and published transcripts from some of these court cases. However, it has been refused permission to do that in several instances, because a judge has claimed that there “no public interest” in doing so. This is wrong. Of course we must make sure that the anonymity of victims is protected, but nobody is suggesting doing anything to compromise that. These were public trials held in open court, and at the moment the transcripts represent the only way to get to the truth of these revolting crimes that have been carried out across Britain for far too long.
Sir John Hayes (South Holland and The Deepings) (Con)
Is not the answer, in part at least, a national statutory inquiry into what occurred, not least because we do not actually know whether it is still going on? That inquiry would expose so much, which would allow all those right-thinking people to take the action necessary and protect so many of the people who might be at risk from further horrors.
Katie Lam
I can only agree with my right hon. Friend. It is appalling that such transcripts are currently the only way to understand what has happened in these cases. Relatedly, as my right hon. Friend the Member for Newark (Robert Jenrick) has previously said:
“These aren’t just legal documents, they’re historical documents that tell the story in detail of some of the worst crimes in our recent history”.
This Bill acknowledges that transparent information about our justice system is in the interests of victims, but it does nothing to address the problem. What is more, due to the current limits on appeals against unduly lenient sentences, many victims of these horrific grooming and rape gangs will be denied a vital opportunity to seek real justice. In far too many of these cases, we have seen courts hand down lenient sentences. For far too many victims, there will be no redress and their abusers will walk free. Often after just a few short years, these monsters are back in the communities they came from, walking among us and walking among their victims.
Just last week, the Court of Appeal revisited the case of three men who were convicted of raping a teenage girl in Yorkshire. Ibrar Hussain and brothers Imtiaz and Fayaz Ahmed were convicted in January for committing unspeakably evil crimes against a 13-year-old girl. In the first instance, they each received sentences of less than 10 years. As my right hon. Friend the Member for Newark mentioned, he and my hon. Friend the Member for Keighley and Ilkley (Robbie Moore) referred this case to the Attorney General. In this instance, the court rightly ruled that these sentences were far too short. This Bill should have made it easier for victims to seek such redress. It does not.
Mrs Blundell
This Government have announced specific support for five local inquiries and are getting on with the implementation of the recommendations of the Jay report. Would the hon. Member like to comment on what the previous Government did on this subject?
Katie Lam
I thank the hon. Member for her intervention. There are several points that I would like to make in response. First, five local inquiries is nothing like enough. These events took place in 50 towns and all the victims deserve justice. Secondly, there are trends across the country and only a national inquiry can get to the bottom of those. Thirdly, she mentions the Jay inquiry. Inquiries are very often specific. The Hillsborough inquiry did not investigate every football match. The infected blood inquiry did not look at the whole of the NHS. The Manchester Arena inquiry did not address every terrorist attack. There has been an inquiry into child sex abuse, but that is not a specific inquiry into the specific phenomenon of groups of mostly Asian Muslim men grooming and sexually torturing mainly white children, facilitated and covered up by those in the British state whose job it was to look after them. That is a specific phenomenon, a particular stain on our country, and it deserves a dedicated inquiry.
Emily Darlington (Milton Keynes Central) (Lab)
Will the hon. Lady give way?
Katie Lam
I am coming to the end of my speech.
I am sure that the Lord Chancellor and the Minister want fairness for victims, so will they please amend the Bill, first, to offer the independent national inquiry into grooming and rape gangs that the country and victims need; secondly, to ensure that all such transcripts, appropriately redacted, be made available to the public; and, thirdly, to allow victims greater ability to appeal against the shockingly short sentences that we see all too often?
Kim Johnson (Liverpool Riverside) (Lab)
I pay tribute to Liv’s family and to Cheryl for her powerful statement.
I want to focus on the victims of state violence and the fact that they are missing from the Bill. I want to remember the 97 victims who perished at Hillsborough, and their families who have been through so much and fought for justice for so long. I also want us to remember our Government’s commitment to those families to bring in the long-overdue legal duty of candour on public officials, otherwise known as the Hillsborough law. The Bill as it stands is a major missed opportunity to make good on that promise and finally deliver justice for the 97. We have failed to meet our own self-imposed deadline for this year’s 36th anniversary—a painful moment for Liverpool made yet more painful by broken promises and the threat that this commitment may be watered down when it is eventually brought forward.
The core of the Hillsborough law is straightforward: a statutory duty of candour on all public bodies and officials. That means that when incidents occur, those in power must proactively tell the truth, share all relevant information and co-operate fully with investigations and inquiries. There can be no more defensive PR operations, no more smear campaigns against victims, and no more families forced to battle the system for decades just to have their loved ones’ names cleared.
Without a full Hillsborough law, the cycle of cover-ups will continue. From Grenfell to the infected blood scandal, we have seen time and again that institutions act to protect themselves as a priority, leaving ordinary people to pay the price. This Bill is an unmissable opportunity for the Government to make good on their promises. I hope the Minister will listen to the strength of feeling and bring back a Government amendment that implements a full legal duty of candour on public officials.
I also want to take the opportunity to raise the important Inquest campaign for a national oversight mechanism, which is backed by 70 organisations. It is the subject of a private Member’s Bill promoted by the hon. Member for Bristol Central (Carla Denyer), which is making its way through this place. Public and private bodies have a duty to keep us safe from harm, but every year hundreds of people die preventable state-related deaths. The lack of any mechanism for learning from past tragedies is a huge part of that. When someone dies after contact with the state, hundreds of vital recommendations are made following inquests and inquiries. That includes deaths of people in police and prison custody and in mental health settings, and following disasters at Grenfell and Hillsborough. These families need transparency, accountability and action so that changes are made to prevent future deaths in similar preventable circumstances.
Introducing a mechanism would be a watershed moment for families bereaved at the hands of the state, and it would be unforgivable for us to miss the opportunity that the Bill presents to bring forward such a mechanism. When it comes to victims of the state and public bodies, the details in the Bill are severely lacking. I hope the Minister will listen to the points I have raised and come back with some Government amendments to improve accountability and oversight mechanisms to ensure justice for all in tragedies at the hands of the state.
Liz Jarvis (Eastleigh) (LD)
I welcome the Bill as an important first step towards a more accountable criminal justice system—one that reflects the needs and voices of survivors of crime. Too often, victims have been let down by a system that fails to grasp their trauma and recognise their experiences. They are expected to navigate an underfunded and overstretched justice process that all too frequently delays or even denies justice. I sincerely hope that the Bill is just the beginning of a wider governmental approach to fix the crisis in the criminal justice system, including the court backlog and the mess left behind by the previous Government.
Liberal Democrats support the creation of a specific domestic abuse aggravated offence, and I pay tribute to my hon. Friend the Member for Eastbourne (Josh Babarinde) for his tireless work on the issue. In February, two men from Hampshire were released as part of the early release scheme, even though they had both been convicted of domestic abuse. The former partners of those men said that they were terrified and felt unable to regain control of their lives. One of the victims said:
“He got three years, I got life.”
The law should be changed to reflect the full impact of domestic abuse on its victims.
I recently met a constituent whose ex-husband was convicted of sexual communication with a child but was permitted to change his name. Even though the Crime and Policing Bill will require registered sex offenders to notify police and seek permission before changing their names, serious risks remain. My constituent’s case highlights how sex offenders can conceal their identities by changing their names. That was raised in the last Parliament by the hon. Member for Rotherham (Sarah Champion). Will the Government take action to protect victims and survivors from that loophole allowing registered sex offenders to change their names to avoid detection?
I am glad that the Government are taking steps to support victims and survivors of crime. I hope that more will be done to ensure that the criminal justice system truly protects the most vulnerable and delivers accessible and fair justice that is centred on the needs of those it is meant to serve.
Alex McIntyre (Gloucester) (Lab)
May I also pay tribute to my hon. Friend the Member for Knowsley (Anneliese Midgley) and to Olivia’s family for their powerful campaign?
The Bill seeks to challenge the power imbalance that has long existed in our justice system between perpetrators and their victims—for too long, offenders have had the upper hand. I am proud that this Bill and this Government will finally put victims first. The Bill will strengthen our courts, reinforce the core principles of our justice system and provide greater protection for the victims of crime. It will grant our courts the power to order offenders to attend their sentencing hearings, using reasonable force if necessary, and to extend sentences and impose sanctions in prison for the cowards who refuse to face up to what they have done.
Once and for all, our justice system will ensure that those who commit crimes are held fully accountable for their actions. The Bill will strengthen the role of the Victims’ Commissioner in monitoring and reporting on compliance with the victims code. In doing so, it will drive meaningful and lasting change to ensure that victims’ rights are not only recognised but firmly upheld. At its core, the Bill is about shifting the balance of power, moving it away from offenders and placing it in the hands of survivors. It is about safeguarding the rights of every person across the country.
The shadow Justice Secretary, the right hon. Member for Newark (Robert Jenrick), is no longer in his place, but he said that he wants transparency. Well, let us give him some transparency on the previous Government’s record on justice for victims. Ten months ago, this Government inherited a justice system in crisis, because the last Conservative Government left prisons on the brink of collapse, a backlog in our courts and a system that failed victims up and down this country. We heard from my hon. Friend the Member for Bolsover (Natalie Fleet) about how few people report rape in the first place, but shockingly, 60% of those who do report it drop out of the criminal justice system before getting to trial and are often retraumatised by the system. It is a shame that the shadow Justice Secretary is too busy—perhaps with his leadership bid—to hear what I am about to say: justice under the Conservative party means more offenders escaping justice and fewer victims receiving it. [Interruption.] The Conservatives do not like to hear it, but that is their record in government.
As many Members across the House will know, we are facing an alarming rise in domestic abuse. Sadly, in Gloucester we are all too aware of the scale of that crisis. In December last year alone, nearly 250 arrests related to domestic abuse were made. Given how desperate and widespread that issue is, I am proud that the measures in the Bill will help to deliver justice for the one in four women and one in seven men who have experienced domestic abuse, and for the constituents I represent, who need and deserve that justice. Having spoken in my constituency surgeries to survivors and victims of domestic abuse, I welcome in particular the changes that the Government are making to ensure that victims receive information and support, particularly about their offender’s release. I hope that that will be part of wider reform of the parole and tagging system, which has led to far too many of my constituents being let down in the past.
I am inspired by the pace and ambition with which the Government are delivering on their ambition to tackle and halve violence against women and girls. On the off-chance that the Government might welcome more ideas on how we can better support victims, I invite my hon. Friend the Minister to back my Domestic Abuse (Safe Leave) Bill, which aims, like this Bill, to place power in the hands of survivors and support them as they seek justice and rebuild their lives.
This Bill brings us a step closer to halving violence against women and girls and delivering the transformative plan for change that our country and my constituents so urgently need. I look forward to voting to give the Bill its Second Reading.
Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
I, too, pay tribute to the hon. Member for Knowsley (Anneliese Midgley) for speaking so movingly about Olivia and her family. I rise primarily to speak about the victim-centred measures in the Bill and would like to take this opportunity to thank the Minister for her engagement with me on this matter and with my constituent Rhianon Bragg, a formidable activist who has done so much work to improve support and services for victims.
The expanded victim contact scheme should see more victims able to get adequate information about their offenders’ sentences and make representations about licence conditions or supervision requirements as they relate to them. Similarly, the victim helpline will give more victims the information they need. I truly welcome those measures, which the UK Government say will cost an extra £0.2 million for HM Prison and Probation Service each year, with updating the victim contact scheme costing £20,000 and the victim helpline costing between £100,000 and £200,000.
I am concerned about whether those costings will be sufficient. As co-chair of the justice unions parliamentary group, I call on the Government to commit to delivering the additional resources necessary for the Probation Service to deal with the inevitable increase in demand, both initially and as victims become more aware that they have these rights. There is a risk of overextending a service that is already in a workload and staffing crisis, at the expense of victims.
Extending the powers of the Victims’ Commissioner is also welcome. Victims should always feel secure that the commissioner can and will do everything in their power to tackle shortcomings where the victims live. That is why I continue my call for a victims’ commissioner for Wales, to represent victims of crimes in the specific context of Wales, where many victim support services and important policy levers, such as those relating to health and social care, are devolved and held to account by the Senedd.
At this point I will mention another aspect of the Bill: the Crown prosecution recruitment. We need personnel in the criminal justice system in Wales who can operate in Welsh and English, so I call on the Government to seek such personnel. Of course, devolving the entire criminal justice system in Wales, as recommended by three independent commissions, would be the best way to ensure a well-focused approach to victim support. In the meantime, a victims’ commissioner for Wales would ensure that the particular voices and experiences of victims in Wales are properly represented. We need only look to the fantastic work done by the London Victims’ Commissioner, Claire Waxman, to see what is possible when we have a focused approach.
The Victims and Courts Bill is a good basis on which to build. There are ways in which it could go further to better support victims, particularly in Wales, and I look forward to seeing how it develops with amendments in Committee.
Emily Darlington (Milton Keynes Central) (Lab)
Given the time limit, I first want to say a huge thank you to the Victims Minister, my hon. Friend the Member for Pontypridd (Alex Davies-Jones), and to the Solicitor General, who are ably supported by our amazing female team at the Home Office.
I will not go through everything that is fantastic about the Bill, which is a once-in-a-generation opportunity to improve things for victims. I just want to suggest three ways in which it could be an even better Bill, as my hon. Friend the Minister is always open to suggestions. The first is the unfair use of so-called bad character evidence, which allows the cross-examination of rape victim-survivors about their previous sexual assaults. This has nothing to do with the court case in front of them; it is about victim blaming, intimidating the victim and making the victim afraid to go to court. It would improve the Bill if we did not allow so-called bad character evidence to be used in these proceedings.
Secondly, we need to recognise, as is in law, that victims of domestic abuse are often victims of coercive control. That can include things like taking out loans in their name, but in extreme cases it can be about coercing them to break the law. We need a way for courts to recognise when a victim of domestic abuse has been coerced into committing a crime as part of that domestic abuse, so that the crime is treated as such and seen as part of the ongoing abuse.
Thirdly, I have been campaigning on the issue of person at risk of violence orders. When somebody leaves a domestic abuse situation, they often leave with a lot of debt. In order to keep their address hidden from the perpetrator, they must obtain a person at risk of violence order, involving not only another retraumatising court process but an additional £308 that they must find every time they move. Despite the fact that there may be an active court case or the perpetrator may have been arrested, victims have to independently prove that they are a person at risk of violence.
This Bill is all about ensuring that victims can get justice. Part of getting justice is being able to leave abusive situations and being protected while they do that. My three suggestions would help to strengthen the Bill and increase the confidence of victim-survivors in justice.
Dr Marie Tidball (Penistone and Stocksbridge) (Lab)
Imagine a school night with a child being repeatedly asked by his father if he had completed his homework. The child replied, in an exasperated tone, “Yes”. His dad came towards him with his fist, ready to punch him, but the boy’s mum stepped into the space in front of that fist and pushed her son out of its way. The full force of that fist hit her so hard that she was spun around and fell down the stairs, bruising her arms, legs and back. From the top of the stairs, the child’s father shouted to his son, “Look what you made me do.”
The boy’s mother left her husband, taking the children with her. Social services were aware that the same father made statements that he was capable of killing. Then imagine a situation where, despite knowing all of that, a family court permitted that father of those two boys five hours of unsupervised contact per week.
My constituent Claire Throssell does not need to imagine this nightmare: she and her two sons, Jack and Paul Sykes, lived it. On a two-hour contact visit, permitted by that court and allowed to go ahead by the Children and Family Court Advisory and Support Service, Jack and Paul Sykes were locked in the attic by their father. Using gasoline, their dad set multiple fires alight across their home. Paul, aged nine, died at the scene after his older brother tried to save him, and then Jack, aged just 12, died later in hospital. The father also killed himself in the blaze. Jack and Paul’s voices were not heard by social services, by CAFCASS or by the family court. The only time Jack’s voice was heard was when, as he was held in the fireman’s arms, he used the last of his strength to say, “My dad did this and he did it on purpose.”
There must be urgent reform of the presumption of contact in law, on the basis of evidence, principle and to ensure children’s voices are put at the heart of our family courts system. Legal principle means that parents should always be given contact with their children, even in circumstances where there is a known domestic abuser. The harm report, published in 2020 by the Ministry of Justice’s expert panel on harm, was clear that the presumption should not remain in its present form.
The Bill before us today presents the ideal opportunity to make changes to the family courts and to deliver for the victims of domestic abuse and violence against women and girls. It already ensures that the justice system serves victims, rather than subjecting them to further trauma on top of what they have already suffered.
Labour’s important mission to halve violence against women and girls within a decade will require a national effort and the use of every single tool available to target perpetrators and address the root causes of abuse and violence. Now we need to do what the previous Conservative Government failed to do and hold family courts to the same standard by taking a child-centred approach and repealing the presumption of contact where a parent is a known domestic abuser.
The Government must act now to save the lives of children for generations to come by ending contact at any cost. Let us not just imagine a world in which the voices of children are put at the heart of our family court system, where children such as Jack and Paul are listened to, not ignored, and no more towns such as mine are left to grieve—
Madam Deputy Speaker (Caroline Nokes)
Order. The hon. Lady must recognise that there is a time limit so that Members can get in.
Jas Athwal (Ilford South) (Lab)
Ilford South has been collectively traumatised by sexual violence and domestic abuse. Together, we have mourned the murders of Harshita Brella and Zara Aleena. Together, we are horrified at the cases of physical and sexual violence that women and girls face every day, many of which go unreported. That is why the Victims and Courts Bill before us today is so desperately needed, because it promises to help us bring justice and empower victim-survivors.
I thank all those who have made the Bill possible, especially the victim-survivors whose voices gave it power and made it real. Although their work has been indispensable, I know that it must never fall on the shoulders of survivors alone to drive policy change. We must all come together to share the burden of fixing the violence that is so deeply embedded in our society. That is why I feel it is so incumbent on me as a male Member to engage with this Bill and see it through. Sexual violence and domestic abuse are men’s issues as much as they are women’s issues.
If I may speak candidly, my conversations with survivors in my work as London Councils’ lead on community safety and violence against women and girls have taught me that victim-survivors are often doubly traumatised—they are first traumatised by the experience of their abuse, then retraumatised by a justice system that is opaque, difficult to navigate and, quite frankly, not built for them.
Sir John Hayes
There is a third trauma when a sentence that emanates from the court is unduly lenient. As the hon. Gentleman will know, the Attorney General has the power to review unduly lenient sentences, but only within 28 days of the date of a sentence. Will the hon. Gentleman join me in calling for the length of time to be extended, in the name of victims?
Jas Athwal
Certainly, as somebody who stands for justice, I will always support anything that would make it stronger.
I welcome this Bill as a start to addressing the injustice that survivors face and a vital step in achieving our plan to halve violence against women and girls in a decade. Through the updated victim contact scheme and the new victim helpline, this Bill simplifies one aspect of the justice system that survivors must navigate. This single, harmonised scheme means that victim-survivors will have a clear route to requesting information about an offender’s release, should they want it, empowering those survivors.
Another welcome aspect of the Bill is the automatic restriction of parental responsibility for perpetrators of child sexual offences. Sexual violence against children is particularly vile and traumatising for families and survivors alike, with survivors taking an average of 22 years before they feel able to disclose their abuse. This Bill will prevent perpetrators from involvement in a child’s life, safeguarding children from further trauma and enabling them to start healing.
Caroline Voaden (South Devon) (LD)
The hon. Member is talking about the length of time it can take for victims of sexual violence to get over their trauma and seek help. Does he agree that organisations such as Rape Crisis do absolutely vital work in helping survivors of sexual abuse and rape to move past what has happened? Does he also agree that it would be a fantastic improvement to the Bill if there was some national Government oversight of how much money is put into funding such victim services?
Jas Athwal
Certainly, coming from a local council that is strapped for cash, I agree with the hon. Member’s emphasis; we must look at that as we go forward.
The Bill will prevent perpetrators from being involved in a child’s life, safeguarding children from further trauma and enabling them to start healing. This new restriction is shamefully overdue. Our current system is not built for survivors; it is full of gaps and loopholes for predators, reflects society’s biases and is perilously hard to navigate. To truly centre survivors, the Bill should go further. The automatic restriction of parental responsibility should be extended so that if an individual abuses any child, not just their own, their parental rights are automatically removed. That would further safeguard children, saving families the vast personal and emotional cost of navigating the family court system and ultimately preventing the retraumatisation of survivors and their families.
I welcome the Government’s actions to begin building a justice system that finally centres survivors, rather than treating them like an afterthought, and I hope this Bill will empower those who have not been properly protected for so long. However, as we know, there is still so much further to go and so many more battles remain to be fought in order to prevent sexual violence and empower victim-survivors—online, in our schools, in our homes and on our streets. This Bill is a desperately needed first step, but it must be the beginning of our campaign to get justice for victim-survivors, not the end.
Jess Asato (Lowestoft) (Lab)
I also pay tribute to my hon. Friend the Member for Knowsley (Anneliese Midgley), and to Cheryl and her family for their fight for justice.
Having worked with both adult and child victims of traumatic abuse, I was glad to stand last year on a manifesto that committed to reforming the system to put the needs of victims first, and to ensure they get the support they need and deserve. This Bill is part of that mission. I am pleased that it strengthens victims’ rights, forces offenders to attend sentencing hearings, and empowers the Victims’ Commissioner to do more to stand up for victims and hold public bodies to account where there are failings. Nevertheless, there are three areas in which I believe we should go further and faster.
First, we know that victims of domestic abuse and sexual violence are faced with a postcode lottery when it comes to accessing specialist support. They are left at the mercy of the various budgetary decisions made by each area’s police and crime commissioner, local authority and health bodies.
Emily Darlington
What does my hon. Friend say to a police and crime commissioner, such as the one for Thames valley, who does not fund sexual abuse support services in Milton Keynes?
Jess Asato
I believe that all police and crime commissioners ought to fund those services—hopefully the Minister can respond to that point. It is clearly outrageous that any victim of sexual violence should be left without any service at all.
Where specialist domestic abuse services do exist, they are faced with a deeply precarious financial situation that is severely hampering the ability of victims to access the support they need. Fewer than half of victims and survivors are able to access the community-based support they want. Without that support, some victims may be unable to leave domestic abuse perpetrators, or may return to them when they find it too difficult to escape their controlling behaviour. In 2022, only 7% of victims who wanted their perpetrator to receive support to change their behaviour and stop reoffending were able to get that, and recent research undertaken by the Domestic Abuse Commissioner has found that 27% of services are having to turn away child victims from vital support due to a lack of capacity.
For those reasons, I believe this legislation needs to include a statutory duty to commission specialist domestic abuse and sexual violence services based in the community for both adult and child victims. It is a stain on our nation that victims of the most unimaginable trauma do not have a right to support after abuse. A new statutory duty would also allow us to create parity with the accommodation-based services that were introduced by the Domestic Abuse Act 2021, so that community-based services are given the same legislative protection.
Secondly, I believe that the parents and carers of victims of serious sexual and violent crimes also require support as third-party victims. A campaign on this issue has been led by Cath Pickles, the chief executive officer of Restitute, an amazing local charity that supports third-party victims. These crimes fracture families and support networks, and those who are left to care for primary victims often develop their own mental health issues and may even have to give up work. There are mothers who must face picking up the pieces after the sexual abuse of their child, and families who have to support domestic abuse victims as they fight for justice. We should look to include them in the scope of the support available to victims, because the impact of abuse does not just harm the primary victim, but can destroy the victim’s family too.
Finally, I recognise that we must not risk a very welcome step forward with potential legal challenges, but I believe we ought to look again having at a stricter definition for the purpose of depriving people of parental responsibility, especially where there is a risk to the child. Many will simply not comprehend how the serious sexual abuse of a child is compatible with the right to family life. What about the child’s right to live a life free from harm? I hope that the Government are willing to work with me, and with others, to tighten that aspect, among others that I have mentioned, as the Bill progresses through the House.
Kirith Entwistle (Bolton North East) (Lab)
I declare an interest, as a member of the Women and Equalities Committee.
Today marks a defining moment—a moment when we finally put victims at the heart of our justice system. For countless people in Bolton, that moment is long overdue. I am proud to support the Bill: proud because it empowers judges to compel offenders to attend their sentencing so that no victim is left speaking into a void; proud because it finally—finally!—removes parental rights from child sex offenders, something that I can hardly believe we are doing only now, in 2025; proud because it gives real power to the Victims’ Commissioner to demand answers, scrutinise the system and drive change; and proud because it will speed up justice and tear down needless barriers. Survivors deserve a system that works for them, not against them.
From conversations on doorsteps and from constituency surgeries, I know that far too many of my constituents have experienced domestic abuse and coercive control. That is why I have been working with those at Bolton’s frontline organisations, including Fortalice and Endeavour, who understand what is at stake and the difference that the Bill will make. Fortalice provides refuge and support for domestic abuse survivors. Its chief executive, Gill Smallwood, told me that it had received more than 400 referrals since January alone, and that the Bill would finally deliver the change that victims need. Gill told me that, right now, victims are left in the dark about bail conditions or release dates. The Bill will change that: it will allow victims, finally, to be kept informed by enabling them to nominate a trusted professional to receive updates, and to access information through a dedicated helpline.
Endeavour, another local charity, supports high-risk young people, black and minoritised survivors, and older victims. Its chief executive, Jill Caldwell, told me of a woman who had had to flee her home, job and support network, simply because she had not been told that her abuser had been released. The Bill would have prevented that. By guaranteeing victims the right to up-to-date information, we are ending uncertainty and removing the burden on victims to constantly chase, ask, call and email for updates. We are saying, “You deserve to know; you deserve to be safe; you deserve to be heard and to be reassured at a time of complete uncertainty, when you have already endured so much.”
The Bill is ambitious, but my constituents in Bolton need it to go further. Right now, 82% of domestic abuse victims never report the abuse, not because nothing happened but because they fear they will not be believed, and for those who do, the courtroom can become a second site of trauma. Time and again, constituents have told me about the misuse of “bad character” evidence, when a survivor’s past is wilfully distorted to discredit that person. That is not justice; it is re-victimisation. The Bill must change evidence standards so that no survivor’s trauma is ever twisted into testimony against them.
The Bill also gives us a long overdue chance to fix the way in which domestic abuse is handled in the family court system. I urge the ministerial team to go further, and to strengthen protections for the children of abusers. Survivors in my constituency are still forced into contact with abusers who intentionally exploit the legal process to maintain control. We know that the family court system was not built to withstand this kind of manipulation, and that abusers have learnt exactly how to weaponise that—and win. The Children and Family Court Advisory and Support Service—CAFCASS—relies on outdated, prejudiced views of what a family should look like, prioritising contact with both parents even when one has a proven history of domestic abuse. This antiquated policy prioritises the family unit over the child’s best interests, even when the cost is the child’s trust, stability and wellbeing, so the Bill must go further.
Finally, the Bill can end a quiet injustice: the punishing of women simply for surviving abuse.
I am proud that this Labour Government are putting power back into the hands of victims, and I fully support the Bill.
Tristan Osborne (Chatham and Aylesford) (Lab)
May I first pay tribute to my hon. Friend the Member for Knowsley (Anneliese Midgley), the families of victims across this country who are here listening to us today, and the victims who are seeking justice through this Bill? I also pay tribute to my hon. Friend the Member for Bolsover (Natalie Fleet) for her strong articulation of concerns about rape and domestic abuse, and my hon. Friend the Member for Penistone and Stocksbridge (Dr Tidball) for her very strong speech. There have been some extremely passionate speeches today, with constituents’ views at their heart.
As a former police officer, I have seen the criminal justice system from both sides, and I can tell the House that it has fallen short in recent years—not just in prosecuting crime, but in supporting those who are most harmed by it. We have heard similar testimony today. This Bill is an important and necessary step towards restoring the principle that justice is not just about punishing offenders, important though that is. It is also about standing up for the most important part: victims. As I have said in Westminster Hall debates, justice delayed is justice denied. Given the previous Government’s record with regard to policing cuts, soaring court waiting times, the mismanagement of probation services and our prisons being left full, I am afraid the inheritance is dire, but this Government are trying to correct those mistakes. I will cover just three points, because I am conscious that other colleagues wish to speak.
On victims’ rights, it is absolutely correct that we should have reasonable ways of getting a perpetrator into a courtroom, but the Bill needs to go further; I would support audiovisual recording of such things. We do that for the Supreme Court, where people are able to see sentencing. With victims’ consent, justice for high-profile cases should be in the public domain. I urge the Government to go further by allowing the rest of society to see justice being served, as I think we are now reaching that point in our technological development.
I welcome the fact that the Bill grants victims a statutory right—not just a courtesy—to be kept informed and to have their voices heard during critical stages of the process. I also support granting enhanced powers to the Victims’ Commissioner. As someone who worked as a police officer, I know that antisocial behaviour, from nuisance biking to graffiti and persistent noise, is a major problem in many communities across the country. The Victims’ Commissioner will have the power to stand up to local councils and other bodies of authority on behalf of people who have less of a voice in society. I welcome that measure, because I believe that victims of antisocial behaviour should be treated the same as any other victim of crime.
I welcome the time limits for sentencing reviews, which the right hon. Member for South Holland and The Deepings (Sir John Hayes) mentioned. He will be aware that the Bill extends those limits; if a review is received in the last 14 days of the existing 28-day period, there will be an additional 14 days to act. Could the Bill go further? Of course it could, but this is a welcome step none the less.
Lastly, I will discuss the court backlogs and the impacts on communities, which I have raised in Westminster Hall debates. I welcome the powers in the Bill to improve sentencing powers for six offences, including unlawful subletting, breaches of restraining orders and violation of criminal behaviour orders. We need to get the magistrates to step in and work with that.
In short, there is a lot in this Bill that we should support. I encourage colleagues to vote for it today.
Steve Yemm (Mansfield) (Lab)
This Government were elected on a promise to deliver a justice system that puts the needs of victims first. I stood in my constituency to support our police to tackle crime, take back control of our town centre and crack down on antisocial behaviour. Today’s Bill, alongside the other landmark legislation introduced by this Government that I have voted for in this House, offers further progress on delivering on that mission for people in Mansfield. There are three parts of the Bill that I would like to highlight; they will be particularly welcomed in my constituency. First of all, there is the strengthening of the powers of the Victims’ Commissioner. Under previous Governments, victims have too often been let down when navigating the criminal justice system, which has made them feel like an afterthought. It is encouraging to see victims at the centre of the Bill, which has been welcomed by victims’ organisations and charities. They recognise the legislation’s potential to make a meaningful difference.
Secondly, the Bill introduces the ability for judges to hand down sanctions to offenders who refuse to attend hearings, including a restriction on social visits and a longer sentence. There are numerous examples of murderers refusing to attend sentencing hearings, and that has led to recognition that we need to clarify the courts’ powers to compel attendance. We know that for some victims, the presence of the offender in court is extremely important for closure and resolution. I welcome the fact that the Bill will force criminals to understand and face up to the consequences of their crimes.
Sir John Hayes
At the risk of being repetitive, will the hon. Gentleman press, as I have done—I think the hon. Member for Ilford South (Jas Athwal) agreed with me—for lenient sentences to be dealt with more severely? That is, the Attorney General should have extra time to review those sentences. There is nothing worse for a victim than seeing the perpetrator of the crime given an unduly lenient sentence.
Steve Yemm
The right hon. Gentleman makes a very important and salient point, and I thank him for raising it.
Thirdly, the Bill will place a duty on local authorities and social housing providers to co-operate with the Victims’ Commissioner on antisocial behaviour. I have spoken many times in Parliament about the need to do more to support the victims of antisocial behaviour in my constituency. Members will all know from their casework inbox that antisocial behaviour is not always a criminal justice matter, and that other agencies, such as local authorities and social housing providers, play an essential part in supporting victims. I therefore wholeheartedly welcome the fact that the Bill will empower the Victims’ Commissioner to get the information needed to identify systemic issues, make informed recommendations and scrutinise how the system as a whole responds to that type of behaviour.
In conclusion, the Bill will ensure that the criminal justice system serves victims. The previous Government allowed the prison system to reach the point of collapse, and all too often, victims paid the price. By contrast, Labour is fixing that mess and reforming the social justice system. Today I will vote for this landmark legislation, because I know that its measures will be welcomed back home in my Mansfield constituency.
Adam Thompson (Erewash) (Lab)
Every day, we Members hear from our constituents that victims of crime have been sidelined, and left to navigate a system that often feels indifferent to their suffering. My decision about what to raise in today’s debate stems from a conversation I had in my constituency surgery a few weeks ago with a constituent who has asked to remain anonymous.
My constituent told me of an abusive relationship that she was in, which resulted in the birth of a child. My constituent ended up in court in a custody battle over her child. In the trial, she was accused of refusing the father contact. She told me how that horrific experience made her feel. She felt that the court system was used as a form of abuse by her former partner. Her claim against him was dismissed as being her word against his, and she asked me to look again at parental rights in the context of abusive relationships. I also heard about a constituent—who, again, asked to remain anonymous—who had been beaten by their partner, who then gained full custody of their child. These are just two of hundreds of similar stories that I have heard, thousands of similar stories that my constituents could tell, and millions of similar stories that women and girls—and, indeed, men and boys—around the country could communicate to us.
We are looking again at these laws today. Under the Bill, courts will be used to empower victims, alleged perpetrators will be required to attend court hearings, the victim contact scheme will help victims to navigate the legal system and will have a dedicated helpline, and automatic parental rights will be restricted in cases of child sexual abuse, exactly as they should be.
The Bill also includes measures to address antisocial behaviour, a subject on which I have received lots of representations from constituents, as I am sure colleagues from across the House will have done. At my constituency surgery on Saturday morning, an individual talked me through the horrific death threats that he had been receiving daily from his neighbour, who spent hours a day screaming through the walls of their semi-detached home at my constituent and his family. This behaviour left my constituent afraid to leave his home. Under current regulations, ultimately nothing was done, and this behaviour began to let up only when the neighbour decided to move away of their own volition. That is not good enough.
When the system fails, it is the victims who suffer first and who suffer the most. They deserve better, and this Bill is a critical part of that better future. Today, let us send a message that the days of delay, denial and degradation are over, and that from now on, our justice system will put victims first.
Phil Brickell (Bolton West) (Lab)
It is a privilege to rise in support of the Government’s Victims and Courts Bill, an important and overdue piece of legislation that puts victims where they should always be: at the heart of our criminal justice system.
For too long, victims in towns such as Horwich, Westhoughton and Bolton in my constituency have been treated as bystanders—forgotten once the police investigation ends, let down by poor communication and denied a voice in the system that should be shaped to uphold their rights. I am pleased that the Bill will go some way to fixing those issues.
Indeed, the Bill will give the Victims’ Commissioner tools to better hold the system to account and stand up for victims, and therefore to deliver on this party’s manifesto commitment made at last year’s general election. In particular, I welcome the Lord Chancellor’s remarks on new powers for judges to compel offenders to attend their sentencing hearings. Too many families have watched in disbelief as those convicted of the most appalling crimes refuse to face the consequences of their actions in court. This legislation is about upholding dignity in the courtroom and giving victims the right to see justice done.
Crucially, the Bill will also help to tackle the interminable delays and appalling inequality of access to justice left by the Conservatives, after 14 years in power, for this Labour Government to sort out. It will remove legislative barriers that prevent qualified practitioners from being appointed Crown prosecutors, thereby making our system more efficient, flexible and, crucially, diverse. It will empower the CPS to recruit from a broader talent pool, ensuring that cases are prosecuted more swiftly and reducing unacceptable backlogs, enabling the Government to finally ensure quicker justice for my constituents in the magistrates court and the Crown court at Bolton.
Finally, I welcome the provisions in the Bill to close loopholes in the unduly lenient sentence scheme, which have been remarked on by the right hon. Member for South Holland and The Deepings (Sir John Hayes). The Bill will ensure that the Attorney General will always have at least 14 days to consider a referral, even if it is made at the end of the 28-day limit. These provisions will guarantee that victims and the public are not denied proper scrutiny of lenient sentences due to late submissions. This Bill is thoughtful, robust and, above all, victim-focused. I look forward to supporting it during its passage through this place.
Madam Deputy Speaker (Ms Nusrat Ghani)
We now come to the Front-Bench speakers for the winding-up speeches. I call the shadow Minister.
Dr Kieran Mullan (Bexhill and Battle) (Con)
I thank Members from all parts of the House for their contributions to the debate. We have heard powerful speeches that reflect the deep importance of the Bill, and the heavy responsibility that we all carry for delivering justice not just in name, but in practice. Like others, I pay tribute to the campaigners who have joined us, whom I was privileged to meet briefly earlier, and who are in the Gallery. They have all campaigned on behalf of their loved ones—Sabina Nessa, Zara Aleena, Jan Mustafa and Olivia Pratt-Korbel. I pay particular tribute to the hon. Member for Knowsley (Anneliese Midgley) for her incredibly powerful contribution. To see Cheryl hear those words, knowing that they were going on the record, will have impacted so many Members today. I am sure that it will be something that Cheryl will never forget. We must not forget how difficult the campaigning has been. All campaigners have had to relive experiences and deal with the most unimaginable memories. They pay a very heavy price every time they have had to do that, and I thank them for it, and I know that other Members will do the same.
The Opposition welcome the intent behind this legislation. Measures to compel offenders to attend sentencing hearings and to remove parental responsibility from serious child sex offenders were committed to, and work was begun on them, by the previous Government. The provisions to compel offenders to attend their sentencing hearings come after we have seen one too many disgraceful examples in recent years of the most serious and violent criminals hiding from justice, and from the pain that they have caused. That must end.
We welcome cross-party support on this matter, but at present, the Bill leaves out an important principle. The decision to require an offender’s attendance should fundamentally be driven by the wishes of the victims and their families. It is they who must live with the consequences of the crime, and they who should be at the centre of deciding whether the person who harmed them should be made to face them in court. Justice must not just be seen to be done, but should be shaped by those it seeks to serve. We will push for changes to this legislation during its future stages to ensure that is the case. We also want to make sure that the correct balance is struck on the use of force. The Prison Officers’ Association is clear: notwithstanding concerns about prison officers’ equipment, they will not resile from taking offenders to court. The legislation needs to ensure that only in the most exceptional circumstances does that not happen.
We have heard concerning stories about parents having to spend tens of thousands of pounds in court to remove parental rights from serious sexual offenders, and I welcome the fact that the previous Government planned legislation to begin addressing that. We welcome our shared desire to act on this issue, but the Minister will have heard campaigners’ concerns that the approach in the Bill does not cut it. I welcome the Minister’s public commitment to considering how to strengthen it.
Last year, when in opposition, the Under-Secretary of State for the Home Department, the hon. Member for Birmingham Yardley (Jess Phillips), who is sitting in the Gallery, supported an amendment for a much broader measure than the Government are proposing today. I encourage her to speak to her colleague on the Front Bench about how this measure falls short. The debate then was around whether the measure should apply to offenders perpetrating offences against any children, and about where to set the threshold. Our proposed measure was not perfect, but this measure is the worst of both worlds. It relates only those who have offended against their own children, and there is quite a high bar, in that they have to have been sentenced to at least four years. I think that we can do better than that.
We also welcome improvements to victims’ information rights and the powers of the Victims’ Commissioner. That role, which has been maintained by Governments of all parties for a significant time now, is incredibly important. Baroness Newlove, the commissioner, will look closely at the Bill, and will support victims and campaigners in their efforts to ensure that it delivers. She has also consistently raised a possible source of funding—funding is always a challenge for every Government Department: unpaid victim surcharges. The £1 billion-plus might help fund some of the work that we want to do.
Although there are measures that we welcome, there are changes that are being trailed as measures for victims, but that are nothing of the sort, such as the changes to the unduly lenient sentence scheme, which have caused confusion even in the Chamber among Labour Members; for example, the hon. Member for Bolton West (Phil Brickell) seemed to think that these are measures for victims. The measure on the unduly lenient sentence scheme is nothing to do with victims.
A total of 14,000 people signed the petition for Sasha’s law, which was set up by campaigner Katie Brett, who is on the Justice for Victims group, in memory of her sister Sasha. If the House will forgive me, I will detail what happened to her sister. She was murdered in 2013. Aged just 16, she was raped and stabbed more than 100 times, and her body was set on fire. Katie and her family believe that her killer met the criteria for a whole-life order, but he was only given a minimum sentence of 35 years. Katie and her family did not know anything about the right of appeal, and even if they did, who really thinks most people are in the right state of mind to think about that sort of thing within 28 days of the sentence being passed? Katie is not alone. Ayse Hussein, another member of the campaign group who was also in the Gallery today, campaigns in memory of her cousin, Jan. Jan’s killer had raped, tortured and imprisoned various girls and young women, and also murdered Henriett Szucs and hid the bodies of both women in a freezer. He did not receive a whole-life sentence, and would probably leave prison one day. Again, her family knew nothing of the right to appeal.
When they saw that changes were to be made to the scheme, campaigners reasonably thought that the changes would extend the 28-day time limit for victims, but no: the Government want to give more time not to victims and families but to themselves. More time for Government means that they have longer to think about and reflect on these deeply personal and sensitive matters than victims will have. That is bordering on insulting, and I think the Minister will share my concerns. In Committee we will put forward amendments that require victims, not just the Government, to be given more time. I hope we will have the support of Labour Members who have committed today to supporting that measure, such as the hon. Member for Ilford South (Jas Athwal).
We welcome the creation of a statutory right for victims to have information about an offender’s release, but we want to know how this will be delivered, who will staff the helplines, how victims will know their rights, and what exactly they will be told. For some time, the Victims’ Commissioner has raised the question of whether victims should get to know the specific release date.
Sir John Hayes
To be clear, the current situation allows victims 28 days for a referral, and the Bill extends the period for consideration to 14 days. What we want is for victims to have longer, and it seems absolutely right that that should happen. It would be a perfectly reasonable amendment for the Government to table in order to back victims. Is that really too much to ask?
Dr Mullan
My right hon. Friend has laid out the situation correctly. I counted three Labour Members in the Chamber today who already support such a measure. I look forward to them voting in support of an amendment along those lines given what they have said today, but I might not hold my breath.
Let us be clear that victims of crime need more than just the measures in the Bill. They need a criminal justice system that works and delivers justice swiftly, fairly and consistently. That is where the Bill falls short. When we were in government, we toughened up sentences for the worst criminals. We began the difficult task of unpicking automatic halfway early release for offenders, which was introduced by Labour. We quadrupled legal aid for victims and enshrined the victims code in law. We dedicated £230 million to our tackling domestic abuse plan, including a quadrupling of funding for victims and support services, and we introduced tagging of domestic abusers.
Labour Members made a lot of promises in opposition, including on measures in the Bill. It is now up to them to deliver. The Bill might tighten certain laws and improve the experience for some victims, but it fails to address the elephant in the room. It does nothing to tackle the fundamental problems that victims face every day when trying to access justice. For all the good the Bill may do, it does nothing to address the mounting pressures on our courts after the Government spent almost a year dragging their feet instead of doing everything they could to get the courts operating at maximum capacity. Even now the Lord Chancellor is not pulling every lever available when it comes to court sitting days, as the Lady Chief Justice has repeatedly asked her to do. The truth is that victims are still waiting months, sometimes years, for their cases to be heard. Trials collapse, and offenders walk free—none of that is fixed by this Bill. Being a victim of crime is life-changing. The very least a just society can do is ensure that victims are respected, protected and supported through the process.
We also urge the Government to commit to greater transparency across the criminal justice system. Without reliable data we cannot have accountability, and without accountability we cannot have reform. We will press for the regular publication of statistics on court and hearing delays, trial backlogs, court occupancy rates and administrative performance. Victims and the public alike have a right to understand where and why the system is falling short.
Although we will not oppose the Bill on Second Reading, we will continue to work constructively to improve the legislation in important ways. We support many of its goals, but we will continue to ask the difficult questions: is it deliverable and enforceable, and will it actually make victims’ lives better as it intends? Let us make this legislation a genuine step towards a justice system that works better. Justice cannot be delayed, and it cannot be selective; it must be felt tangibly, fairly and swiftly by those who need it most. They deserve nothing less.
The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)
It is a true privilege to deliver the closing speech on Second Reading of the Victims and Courts Bill. I would like to start by paying tribute to the families of Olivia Pratt-Korbel, Jan Mustafa, Zara Aleena and Sabina Nessa, most of whom have been in the Gallery and whom I have had the privilege of getting to know over the past few months. As today’s debate has shown, the House agrees that justice is not optional. Criminals should never be allowed to hide away from it. I am grateful to all of the families for their tireless campaigning to bring forward measures on sentencing hearings. The changes are an important step forward for victims and a testament to their courage.
I pay tribute to my hon. Friend the Member for Knowsley (Anneliese Midgley) for her very powerful words today. They were not just her words but the words of Cheryl Korbel, whose words will stay with me forever and whose words should have been heard by her daughter’s killer. This Bill is a legacy for Olivia and for all those who have been failed by the justice system.
As the Lord Chancellor has already outlined, this Bill has victims’ experience at its core. As the Victims Minister, it is an honour to meet victims and survivors every single day in this role. This Bill has been created with them at its heart. I echo the tribute from the shadow Secretary of State, the right hon. Member for Newark (Robert Jenrick) to the Justice for Victims campaigners, who I have also had the privilege of meeting. Becky and Glenn Youens, Susan and Jeremy Everard, Katie Brett—whose story we have also powerfully heard from the shadow Minister, the hon. Member for Bexhill and Battle (Dr Mullan)—Paula Hudgell and Ayse Hussein, who is with us today, have all helped to change the law, and we owe them all a huge debt of thanks for that.
This Bill will make the justice system more efficient—it is a system, and it all needs to work for it to operate effectively—so that victims can begin to move on with their lives faster. I sincerely thank Members from all parties for the thoughtful, powerful, sometimes emotional, but mostly constructive way in which they have contributed to the debate today. Support and justice for victims should never be political. I stand here willing to work with anyone of any stripe and of any colour to make sure that we bring forward the strongest package available for victims.
The issues and the inheritance of our justice system have long been discussed in this place. It is well known to Members what a state our justice system was in when we came into office just 10 months ago, but this Government have begun to rebuild its foundations. This Bill will be just the beginning, not the end of our reform programme for victims. We have the independent review of our criminal courts, led by Sir Brian Leveson. That will lead to a more effective and efficient criminal courts system, improving timeliness for victims, witnesses and defendants without jeopardising the requirement for a fair trial for all involved. We await the imminent outcome of David Gauke’s review into sentencing, which will address a number of the issues that Members have raised today.
Turning to some of the issues raised, I will respond first to my friend, the hon. Member for Eastbourne (Josh Babarinde), the Liberal Democrat spokesperson. I am proud to work with him for victims in this place. He has always been constructive and is always seeking to do what is right. Although I cannot give him the commitment today, I am meeting him tomorrow morning, and we will hopefully have imminent news for him on a lot of the work we have been doing together. I also thank his fellow Liberal Democrat, the hon. Member for Richmond Park (Sarah Olney) for all her work on court transcripts and specifically the pilot for sentencing remarks transcripts in cases of rape and serious sexual offences. Having spoken to victims and survivors, I know how vital that is for them. The pilot is due to end next week and we will soon be publishing our response and how we intend to take that forward. I look forward to speaking with her further on that soon.
Many Members spoke about the parental responsibility measures. I stress that the Government have heard the strength of feeling on this issue. Our focus must be on automatically restricting parental responsibility for offenders who have committed serious child sexual abuse offences—the most heinous crimes in society. We are taking that step today in this Bill for those who have committed these offences against a child for whom they personally hold parental responsibility, because we need to protect those in direct harm. I stress and echo the words of the Secretary of State that this is a novel and untested change in the law. The response from perpetrators is unpredictable, so we have chosen to focus first on cases of highest harm, because we do not want unintended consequences and we need to prioritise all vulnerable children who are going through the family courts. However, this is the beginning, as we have said, and we look forward to working constructively across the House on this measure.
Josh Fenton-Glynn (Calder Valley) (Lab)
I know that my hon. Friend cares deeply about this issue. In the course of the passage of the Bill, will the Government look at amendments that could see the family courts end the presumption of contact and ensure we end this cycle of abuse?
Alex Davies-Jones
My hon. Friend is a champion for the cause of protecting children going through the family courts, as is my hon. Friend the Member for Penistone and Stocksbridge (Dr Tidball), whose contribution today was equally powerful. Meeting her constituent Claire Throssell, and hearing the story of Jack and Paul, will stick with me forever. I think about that on a daily basis.
The Government are committed to ensuring that the family justice system delivers the right outcomes for survivors of domestic abuse and their children. We have heard loud and clear concerns in the Chamber and from outside on the need to go further. A child’s welfare must always be the family court’s paramount consideration when making decisions about that child’s life. The Ministry of Justice has undertaken a review on presumption of parental involvement, and its findings, along with any recommendations, will be published shortly. I look forward to working with hon. Members across the House, including my hon. Friends, on that soon.
Right hon. and hon. Members across the House made many comments about the unduly lenient sentencing scheme, welcoming measures in the Bill about extending the time limit for the Attorney General to look effectively at cases so that justice can be served. As they will know, the Law Commission is undertaking a review into the scheme as a whole, and I—and I am sure the Law Commission—would welcome their feedback on that. We will look closely at the findings of that review to ensure that any recommendations are carried out effectively.
Sir John Hayes
I am extremely grateful to the hon. Lady for giving way—by the way, I have always liked her. I take at face value what she has said. Will that Law Commission review be in time to amend the Bill? That is key. If it will not be on time, how can we handle that?
Alex Davies-Jones
It is important to look at any Law Commission recommendations properly and effectively. Of course there will be time, because we are in the first year of a five-year Parliament and this will not be the Ministry of Justice’s only Bill. As I have said, the justice system that we inherited from the previous Government was in crisis, and we are beginning to put it back piece by piece, starting with our prisons, our courts, our victim support and family courts, looking at the system as a whole. Further legislative vehicles will come forward from the Ministry of Justice where recommendations that have been reviewed could be adopted.
I know that we are short on time, but I want to turn to the comments made by the hon. Member for Weald of Kent (Katie Lam) about the IICSA. I will put it on the record again—I think it needs to be said—that the Government are absolutely focused on delivering meaningful change for victims impacted by these horrendous crimes. Earlier this year, we published our plan for responding to the recommendations of the independent inquiry into child sexual abuse through the Crime and Policing Bill, on which I am proud also to be a Minister. We are strengthening the law by introducing a mandatory reporting duty to make it an offence to fail to report or to cover up child sexual abuse. We are also legislating in that Bill to make grooming a statutory aggravating factor in the sentencing of child sexual offences to ensure that that behaviour is reflected in the sentencing of perpetrators.
We also plan to legislate to remove the three-year limit for compensation claims and shift the burden of proof from victims to defendants in the civil courts, as well as amend the law of apologies to encourage employers to apologise to people wronged by their employees. A legislative vehicle is currently being identified for that measure. I stress again that the Government are getting on with the job of delivering for those victims and survivors. We are not delaying; we are actively working at pace to ensure that justice will be served and support is available.
The right hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts) raised the case of Rhianon Bragg. Again, I was proud to have the opportunity to meet Rhianon and to discuss her case. Through the Bill, we will be strengthening the victim notification scheme and opening it up to more victims, ensuring that timely communication is available. Victims have told me time and again that that is needed; this change will be testament to that. On her calls for Wales, she will know that, as a proud Welsh MP, I will always stand up for Wales and for Pontypridd. A justice system that covers England and Wales robustly is important, and I will ensure that it is there. I will meet the Welsh Government soon to feed back her specific concerns.
A number of colleagues mentioned bad character evidence. They will be aware that the Law Commission is looking into that, and we will carefully consider its recommendations. I stress again that I am willing to work constructively with right hon. and hon. Members on all the issues that have been raised. The Bill is one of many legislative vehicles that we will have.
The Bill stands before us as a legacy for the victims and survivors that I have had the honour of meeting in my 10 months in this role. These changes are long overdue. They will strengthen our justice system and help deliver the accountability and service that victims of crime want and deserve. I urge the House to give them its full support. I stand ready to work with everyone on that. I proudly commend the Bill to the House.
Question put and agreed to.
Bill accordingly read a Second time.
Victims and Courts Bill (Programme)
Motion made, and Question put forthwith (Standing Order No. 83A(7)),
That the following provisions shall apply to the Victims and Courts Bill:
Committal
(1) The Bill shall be committed to a Public Bill Committee.
Proceedings in Public Bill Committee
(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 26 June 2025.
(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.
Consideration and Third Reading
(4) Proceedings on Consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.
(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.
(6) Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and Third Reading.
Other proceedings
(7) Any other proceedings on the Bill may be programmed.—(Vicky Foxcroft.)
Question agreed to.
Victims and Courts Bill (Money)
King’s recommendation signified.
Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),
That, for the purposes of any Act resulting from the Victims and Courts Bill, it is expedient to authorise the payment out of money provided by Parliament of any increase attributable to the Act in the sums payable under or by virtue of any other Act out of money so provided.—(Vicky Foxcroft.)
Question agreed to.