Tuesday 24th June 2025
(1 day, 20 hours ago)
Public Bill CommitteesVictims and Courts Bill 2024-26 View all Victims and Courts Bill 2024-26 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Amendments as at 24 June 2025 - (24 Jun 2025)
The Committee divided: - Ayes: 3 / Noes: 8 - Question accordingly negatived.
The Committee divided: - Ayes: 5 / Noes: 8 - Question accordingly negatived.
The Committee divided: - Ayes: 3 / Noes: 11 - Question accordingly negatived.
The Committee divided: - Ayes: 5 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 3 / Noes: 9 - Question accordingly negatived.
The Chair
We continue line-by-line scrutiny of the Bill. Please switch all electronic devices to silent. No food or drink is permitted apart from the water in front of you. Hansard colleagues would be grateful if Members could email their speaking notes to them or pass the relevant notes to the Hansard colleagues in the room. Members are reminded to bob if they wish to speak.
Clause 11
Reviews of sentencing: time limits
Mike Wood (Kingswinford and South Staffordshire) (Con)
I beg to move amendment 9, in clause 11, page 12, line 22, at end insert—
“(aa) in that sub-paragraph omit ‘28’ and insert ‘56’”.
This amendment increases the window for applying to the Unduly Lenient Sentences Scheme from 28 days to 56 days.
The Chair
With this it will be convenient to discuss the following:
Amendment 10, in clause 11, page 12, line 23, after “(2)” insert
“unless an application is made by a victim, or their deceased victim’s next of kin, in which case notice of an application shall be given within one year”.
This amendment increases the window for applying to the Unduly Lenient Sentences Scheme to one year for a victim of a crime or a deceased victim’s next of kin.
Amendment 11, in clause 11, page 12, line 29, leave out “28” and insert “56”.
This amendment is contingent on Amendment 8.
Amendment 12, in clause 11, page 12, line 39, at end insert—
“(5) In accordance with the provision under sub-paragraph (1) the Crown Prosecution Service must write to the victim, or a deceased victim’s next of kin, within 10 working days of the sentence being delivered to make them aware of their ability to apply for a review of sentencing.”
This amendment is contingent on Amendment 9. It would require the CPS to write to a victim, or a deceased victim’s next of kin, within 10 working days of a sentence being delivered to make them aware of their ability to apply for a review.
Mike Wood
Before any observers start panicking that the shadow Justice Minister, my hon. Friend the Member for Bexhill and Battle, has really let himself go over the weekend, I should say that he sends his apologies to the Committee, although it is not clear whether that is for his absence due to illness or for lumbering Members with me this morning.
I rise to speak in support of Opposition amendments 9 to 12. In the last sitting, we spent considerable time considering the role and involvement of victims and their families in the sentencing process. We spoke about measures aimed at making it as meaningful as possible by both involving them and trying to ensure that offenders are present. Disappointingly, we were unable to secure changes that we believe would strengthen the voice of victims and their families.
Across the criminal justice system, we have seen considerable effort made to improve the experience of victims and their families, including through the introduction of screens, the pre-recording of evidence, the work of organisations such as Victim Support, and the many ways in which the Victims’ Commissioner has expanded the rights of victims and their families and the services available to them. However, there is cross-party agreement on the need to go further. We welcome many of the measures that the Government are introducing, including through clause 11, but victims and their families are not just interested in what the processes of the criminal justice system are like. Although the views of victims and their families are not the only ones we should seek, we really want them to have a fair and reasonable experience of the justice system, and to consider its outcomes to be fair and reasonable.
The unduly lenient sentence scheme provides victims, their families and others with a route to redress when they feel that the outcome does not represent justice. However, it is clear from the evidence we heard last week, and from victims’ family members whom the shadow Minister and I have spoken to, that the current scheme is woefully inadequate. Witnesses who spoke for victims during our evidence sessions, as well as the Victims’ Commissioner and the Domestic Abuse Commissioner, all agreed that the current time window is simply not fair.
As Paula and Glenn from Justice for Victims said, echoing what Katie Brett from the group had originally said, 28 days is the same amount of time people get to return something to a shop. There is an inherent unfairness, because there is an exceptional circumstances clause under which a criminal gets no time limit—none at all. The Bill will amend the unduly lenient sentence scheme, but only for the Government’s Law Officers—not in relation to victims and families. We can see no good reason why we should not act now, with legislation before us, to improve the scheme for victims and families too.
Our amendment 10 would allow victims, or a deceased victim’s next of kin, to request a review up to one year after sentencing. Giving them time to act would show that we understand that this can be a deeply traumatic time for many people. Many of us will have had victims come to our advice surgeries soon after sentencing, but outside the 28-day period in which we are able to offer any help. When we have spoken to victims, it has been clear that, first, they were not aware of that, and secondly, because of their state of mind after the trial and sentencing, they were not focusing on such things immediately. Therefore, it is reasonable to extend that period.
Katie Brett started a petition to change the law, which has gathered more than 14,000 signatures. Katie is doing that in memory of her sister Sasha, who was brutally murdered; she was stabbed more than 100 times, raped, and her body was set on fire. Katie has every reason to believe that her sister’s killer should have received a whole-life order, but will never get the chance to legally test that. Ayse Hussein, also from Justice for Victims, had a similar experience, and the group is campaigning for a change in the law.
I am sure the Minister will say that the Law Commission is looking into unduly lenient sentencing and that we must let it do its work, but anyone reading that review will see that it is primarily about criminal appeals from the viewpoint of offenders. The consultation document makes it clear that the Law Commission does not think there is anything wrong with the way in which the ULS operates at the moment, and it is not clear how it can possibly reach that view. Why does the Minister need the Law Commission to tell her and us that this needs to change? The Government are giving the appearance of being dependent on reviews to make up their mind on quite simple principles, but particularly anything significant in the judicial sphere. Here is an opportunity to be bold, and to apply good instincts, which I know the Minister has and am confident would be similar to ours on this issue. We hope that the Government will accept the amendment.
Amendment 12 addresses the equally important issue of awareness. Of course, a short time window creates a greater risk of someone never being made aware, but either way, we need a more robust mechanism of notification, so that victims know of the possibilities. The amendment would introduce a new duty on the Crown Prosecution Service to inform victims, or a deceased victim’s next of kin, within 10 working days of sentencing that they can apply to the ULS. This is about enforceable rights. A legal right means little if the person entitled to it does not know that it exists. Victims deserve to be told what their options are clearly and promptly. The amendment would ensure that no one missed their opportunity for justice simply because no one had bothered to tell them. Surely we do not need the Law Commission to tell us that this is the right thing to do.
Finally, amendment 9 would make a straightforward but crucial change—to increase the time limit for referring a sentence under the unduly lenient sentence scheme from 28 days to 56 days. This is about achieving simple fairness by extending more broadly the Government’s measure to award more time to their own Law Officers.
Jack Rankin (Windsor) (Con)
We welcome the provisions in clause 11, which relate to extending the time period in which the unduly lenient sentence scheme may be applied for. However, as the official Opposition, we still have concerns that the window of opportunity for victims to raise an appeal remains the same. The scheme can only be referred to for some of the most serious crimes—crimes that are likely to leave victims and their families with a degree of trauma or grief. How can we possibly expect that, within just a month of a sentence being issued, gathering together a clear, strong case for a sentence’s being unduly lenient would be on the minds of victims?
We also know that many victims do not know about the scheme, or the opportunity to appeal. Baroness Newlove said that victims “really do not know” about it. She said:
“Once they leave the courtroom, it can take a long time, but the clock is ticking.”—[Official Report, Victims and Courts Public Bill Committee, 17 June 2025; c. 8, Q15.]
During the oral evidence session, many notable sources raised issues with the current timeframe. Dame Nicole Jacobs, Domestic Abuse Commissioner for England and Wales, described the current system as “disorienting” and said that
“we need to do so much more to put in place solid advice and support for victims. Those 28 days seem to fly in the face of that.”––[Official Report, Victims and Courts Public Bill Committee, 17 June 2025; c. 9, Q15.]
Extending the window of opportunity will also surely allow a greater base of evidence from previous cases to be compiled, to bolster a referral under the scheme. It is only right that we allow victims, and the organisations supporting them, the time and space to make their case as strong as possible, ensuring that everything is laid on the table for the Attorney General to consider. Let us place victims and families at the heart of the unduly lenient sentence scheme, where they should be.
The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)
It is a pleasure to serve under you in the Chair, Dr Murrison. I place on the record our well wishes to the shadow Minister, the hon. Member for Bexhill and Battle, and welcome the Opposition Whip, the hon. Member for Kingswinford and South Staffordshire, in his place today.
On amendments 9 and 11, let me start by thanking the Justice for Victims campaign and, in particular, Katie Brett, whom I met again recently and whom I commend for her tireless campaigning for reform of the unduly lenient sentence scheme in honour of her sister Sasha.
As the Opposition Whip mentioned, the Law Commission is undertaking a review of criminal appeals, and it has launched a public consultation inviting views on a range of reforms to the ULS scheme, including extending the time limit. The consultation is open to all and has been extended to 27 June. I urge him and anyone else with an interest to submit their views, if they have not already done so. The Government will review the recommendations by the Law Commission and act if necessary. Parliament intended the ULS scheme to be an exceptional power, and any expansion of the scheme must be carefully considered. Therefore, we will holistically consider the review’s final recommendations following publication of the report.
On amendments 10 and 12, we recognise the exceptionally difficult circumstances for victims and their families in making a referral within 28 days. We heard about the impact that that is having on them directly in our evidence sessions last week. That is why anyone can ask the Attorney General or the Solicitor General to consider referring a sentence to the Court of Appeal. That is open to not just victims or relatives of a victim, but members of the public, the Crown Prosecution Service and parliamentarians—I myself referred cases to the Attorney General and Solicitor General when I was a Back-Bench Opposition MP—thereby taking the burden off victims and their loved ones.
The Court of Appeal is less likely to increase a sentence after more time has passed, because of the double jeopardy risks of sentencing an offender twice. Particularly if enough time has passed that the offender has already completed their sentence, the Court may actually reduce an extra sentence in order to reflect that. That means that an extended time limit would have a more limited impact and, worse, it would create false hope for victims, leading them to delay requests to review and then retraumatising them, with uncertainty hanging over them for up to a year after the trial, when they are trying to move on with their lives. For that reason, it is important that sentences are certain and not subject to change for too long a period.
Let me be clear: it is imperative that we provide better and clearer communication with victims by criminal justice agencies, including in relation to how and when information is given to victims and their families about the unduly lenient sentence scheme after sentencing. We heard loud and clear from victims last week about how the lack of communication and of awareness about the scheme was one of the issues. Under the victims code, the police-run witness care units are required to tell victims about the unduly lenient sentence scheme when they provide a victim or family with information about the sentence. We have already commenced the obligation in the Victims and Prisoners Act 2024 on those who provide victims code services to comply with the code unless there is a good reason not to do so. That ensures that agencies, including the police, are held to account for providing victims and their families with the service that they should expect. Once the new victims code is in force, we will also implement the code awareness duty, placing a legal responsibility on criminal justice agencies, including the police and the CPS, to promote the victims code to the public and victims of crime and ensure that every victim and their family are aware of their rights.
Alex Davies-Jones
I do not wish to prolong proceedings unnecessarily. We welcome the Opposition’s support for the clause.
The Chair
Wonderfully brief—thank you.
Question put and agreed to.
Clause 11 accordingly ordered to stand part of the Bill.
Clause 12
Terms of imprisonment for certain offences on summary conviction
Question proposed, That the clause stand part of the Bill.
Alex Davies-Jones
Clause 12 is a technical measure. It would bring the maximum penalty for six triable either way offences, when dealt with summarily in a magistrates court, in line with other triable either way offences. For those six offences, the maximum penalty that a magistrates court can issue is currently specified as six months. The clause specifies that the magistrates court maximum penalty for those offences is
“the general limit in a magistrates’ court”,
which since November has been 12 months for a single either way offence. That will mean that if magistrates courts’ sentencing powers are changed again in the future, the six offences will also be subject to that change. Correcting that inconsistency will ultimately help to avoid confusion and error in sentencing relating to those six offences.
Mike Wood
The clause is a sensible measure updating the sentencing provision for certain offences on summary conviction. It will replace the fixed six-month maximum term with the general limit in a magistrates court. The change affects a number of serious offences, including breaches of sexual harm prevention orders, criminal behaviour orders and restraining orders. Those are not technical breaches; they often represent a continuation of harmful, coercive or threatening conduct, and it is right that magistrates should have the greatest possible flexibility to impose sentences that reflect the seriousness and risk involved. The clause brings consistency to how the offences are treated and allows magistrates to use the full extent of the sentencing powers available to them. Although we will be watching closely to ensure that the expanded powers are used proportionately and in ways that genuinely improve public protection and victim confidence in the system, we agree that the clause is a sensible provision, and we will support it.
Question put and agreed to.
Clause 12 accordingly ordered to stand part of the Bill.
New Clause 4
Court transcripts of sentencing remarks
“(1) All sentencing remarks made in the Crown Court must be published within two sitting days of being delivered.
(2) All publications must be freely available to all members of the public.”—(Mike Wood.)
Brought up, and read the First time.
The Chair
With this it will be convenient to discuss
New clause 12—Access to free court transcripts for victims—
“(1) Victims of criminal offences shall be entitled to receive, without charge, court transcripts of—
(a) sentencing remarks,
(b) judicial summings-up,
(c) bail decisions and conditions relevant to their case.
(2) The Secretary of State must ensure that such transcripts are provided within 14 days of a request.
(3) The duty under subsection (1) shall apply irrespective of whether the victim gave evidence in the case.”
Mike Wood
The new clause seeks to address a critical gap in transparency and accessibility in our criminal justice system: the publication of sentencing remarks from the Crown court. Sentencing remarks are the moment when justice is spoken out loud; when the judge explains not only what sentence is being passed, but why. For victims, families, journalists and the public at large, the remarks are essential for understanding the rationale behind a sentence. They provide clarity, accountability, and allow the public to see that justice is being not only done, but explained. Under the current system, however, the remarks are often buried, available only on request, behind paywalls or subject to lengthy delays, and generally at significant financial cost. That feeds a sense of injustice and confusion, particularly when sentencing decisions are controversial or appear lenient. It also limits public confidence in our courts. People should not have to be legal professionals or pay fees just to access the reasoning behind a judge’s decision.
The new clause would change that. It would require that all sentencing remarks made in the Crown court be published within two sitting days and that those publications be freely accessible to the public. That is not only a matter of open justice; it is a basic democratic civil right. Open justice is not served if court processes and explanations are inaccessible to the very people they affect most directly. Victims deserve to know how their case was resolved. The public deserve to see how justice is applied in their name, and journalists deserve timely access so that the courts can be reported on accurately and fairly.
This is a modest ask with significant democratic weight: two days to publish and no barriers to access. We should expect nothing less from a modern justice system that values openness, trust, and public understanding. It ties into our earlier amendments, because these remarks would help someone understand whether they should consider a referral to the unduly lenient sentence scheme. I hope the Government will support the new clause to deliver the basic right for victims, their families and the general public.
Alex Brewer (North East Hampshire) (LD)
I rise to speak in favour of new clause 12. We agree in principle that victims should have access to the court transcripts—indeed, it has been a long-standing campaign by my hon. Friend the Member for Richmond Park (Sarah Olney). That is very important for victims, especially if they have been subject to coercive control, gaslighting or sexual abuse; victims at the end of the court process may be left questioning, “Was this my fault?” or, “Did this really happen to me?” We have heard from victims that having the transcripts gives them the peace of mind and validation that they need.
We disagree with the Opposition, however, on two fundamental points. The first is the requirement that the court transcripts be provided within two days. We think that is completely impractical, and that two weeks is much more reasonable. Secondly, we do not believe they should be made public. Many people commit crimes who have been coerced into them, or there may be retaliatory crimes; we think making court transcripts public presents an unnecessary public shaming of a criminal, whereas providing them to the victim provides closure and clarity.
Alex Davies-Jones
I thank the hon. Member for Kingswinford and South Staffordshire for new clause 4, which would require transcripts of Crown court sentencing remarks to be published and made freely available to the public within two sitting days of being delivered. Introducing that provision would place a significant financial burden on the criminal justice system in a challenging fiscal context, diverting valuable resources away from the wider system, potentially including other victims services. The release of any Crown court transcript requires judicial oversight to ensure that the reporting restrictions have been adhered to and that other public interest factors have been considered. For transcripts of all sentencing remarks to be published and made freely available within two sitting days would have significant operational and resource implications.
Alex Davies-Jones
With respect, it is very different. These are court documents that can be used in a court of appeal. What we say here is clarified. We email our speaking notes to Hansard. Our comments are checked. The resources are far vaster than for a Crown court in England and Wales, sadly. Therefore, it is not a fair comparison.
Those court transcripts need to be as accurate as possible and legally sound, because people’s lives hang on the line—for want of a better phrase—in terms of whether they are free to go or sentenced, and therefore it is important that they are accurate documents. This new clause would overburden a court system that is already in difficulties, thanks to what we inherited from the previous Government.
However, as I will come to in my remarks, we are looking to make progress in this area. We have extended the pilot for transcripts, and we have made that permanent for RASSO—rape and serious sexual offences—victims, because we recognise how important it is for victims to have them. We are looking at a way of doing it, but the timeframe given by this new clause is just not possible or workable under the restrictions that we currently have within our court system.
Similarly, new clause 12 would introduce a statutory entitlement to all victims of crime to request certain specified court transcripts: transcripts of sentencing remarks, judicial summings-up, bail decisions and conditions relevant to the case. As with new clause 4, providing those free of charge within 14 days of making that request would have significant cost implications and place a significant burden on the courts and the judiciary.
However, as I have said, I want to reassure members of the Committee that the Government are working to improve access on court transcripts and ensure that free provision is focused on victims who need it the most. Bereaved families of victims of murder, manslaughter and fatal road offences can request a judge’s sentencing remarks for free, and between May 2024 and 2025 the Ministry of Justice ran a one-year pilot that enabled victims of rape and sexual offences whose cases were heard at the Crown court to request a free transcript of the judge’s sentencing remarks in their case.
Victims of these offences were chosen because of the particular trauma that attending court can cause for them, resulting in a particular benefit in receiving a copy of the remarks—delivered in a sentencing hearing that they might find it difficult to attend for very understandable reasons—given the impact that those remarks can have on their recovery and in helping them to move on with their lives. Following that pilot, we are pleased to announce that victims of those offences will be able to request free transcripts on an ongoing basis. We are also exploring opportunities for the use of artificial intelligence in reducing the future cost of transcripts, and there is no doubt that the Government are taking action on this important issue.
I hope I have reassured hon. Members. I am happy to work with them, as we have with Members across the House, to ensure that we get this right, but it is important that we get this accurate, and get it right, because there is a lot at stake in providing these court transcripts. Therefore, it is important that we do it holistically, rather than just immediately, because of the impact that that could have.
Mike Wood
I thank the Minister for her remarks, but it does seem that, particularly with the use of AI, as she has said, releasing an initial transcript need not be overly onerous. Obviously, after having got that initial release, the measure would allow for a definitive recording to be produced at a later time if an appeal was to be based on that. I do think that making these transcripts available is in the public interest, so we would like to press new clause 4 to a vote.
Question put, That the clause be read a Second time
Mike Wood
I beg to move, That the clause be read a Second time.
New clause 7 calls for a review of court delays and their impact on victims to be conducted within six months of the Bill becoming law. Clearly, the impact of covid on our Crown courts in particular is still being felt within the system. Prior to covid, the Crown court backlog was actually lower than it had been under parts of the previous Labour Administration.
Due to significant investment in recovery efforts to try to address the backlog since the pandemic, including a provision for Nightingale courts and uncapped sitting days, the previous Lord Chancellor was clear that our last provisionally agreed sitting days were to be seen as a floor, not a cap. We support the calls from the Lady Chief Justice for more sitting days, and regret that the Government have only gone part of the way towards meeting the capacity that the Lady Chief Justice said was available within the court system.
Moving forward, it is important that we keep up the scrutiny to ensure that the court system is operating effectively and in the interests of victims. Delays in the court system are not just administrative; they retraumatise victims, reduce conviction rates and push people out of the justice process altogether. This review is urgent and overdue. If we are truly to put victims first, we must understand and act on the toll that these delays take. The Opposition believe that this review will help to focus efforts on reducing those delays to a minimum.
Alex Davies-Jones
New clause 7 would require the Secretary of State to assess within six months of Royal Assent the impact of court delays on victims. As the hon. Member will be aware, thanks to his previous Government, this Government inherited a record and rising court backlog. Between 2010 and 2019, the Conservative Government permanently closed more than 260 court buildings as part of a wider estate consolidation. Additionally, historical underfunding has resulted in challenges across the estate, with an estimated £1.3 billion maintenance backlog.
As of December 2024, the Crown court outstanding caseload was over 74,000 cases. Sitting levels have never been higher, but even that is not enough to keep up with the increasing backlog of cases. I recognise the human impact that this can have on victims as they navigate those delays. The recent report by the Victims’ Commissioner truly brought to life the impact of the outstanding Crown court caseload on victims, victims services and the wider criminal justice system. It is clear that more must be done, and that fundamental reform is necessary to address the court backlog.
That is why the Lord Chancellor asked Sir Brian Leveson to propose a once-in-a-generation reform. The review is aimed at achieving a more efficient criminal court system and improved timeliness and swifter justice for victims, witnesses and defendants, without jeopardising the requirement for a fair trial for all involved. The review will also consider the most appropriate and proportionate ways of dealing with cases before the courts, as well as how processes through charge to conviction or acquittal could be improved to maximise efficiency. We expect the review of the report on options for long-term reform in the coming weeks and findings on court efficiency in autumn 2025.
Mike Wood
We support the work that Sir Brian is doing, but do not feel that the new clause would contradict or otherwise impede that work. We also do not think that we ought to wait for the conclusions of Sir Brian’s work before acting. For now, we will leave the new clause as a probing amendment, but we may return to it at a future stage. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 8
Victim personal statements
“(1) The Secretary of State shall, within six months of the passing of this Act, issue revised guidance on the content of victim personal statements.
(2) The revised guidance issued under subsection (1) must stipulate that when making a victim personal statement, a victim shall be able to say anything they wish about the defendant, provided it is not contrary to any statutory limitations on free speech, makes allegations of untried criminal conduct or is disorderly language.
(3) The court must disregard any prejudicial comments made during a victim personal statement.”—(Mike Wood.)
This new clause would require the Secretary of State to review how to make victim personal statements less restrictive and clarify what can be included.
Brought up, and read the First time.
Mike Wood
I beg to move, That the clause be read a Second time.
The new clause addresses the rules on victim personal statements, about which we heard much in the evidence sessions. There is clearly a desperate need for reform to allow victims to properly and accurately communicate the impact that crimes have had on them. Our new clause introduces a right to be heard for those victims and for families making victim personal statements. We heard appalling stories of traumatised family members, such as Becky and Glenn Youens and Jeremy and Susan Everard, who were told that, no, they could not say what they wanted—they could not say anything derogatory about the guilty offender.
Victim personal statements are not appropriate platforms for gratuitous abuse, but the focus needs to be on allowing the voice of victims, rather than worrying too much about the hurt feelings of the convicted offender. The new clause would ensure that victims can speak freely with the most minimal restrictions possible. We can fairly ask the judge to consider what can and cannot be taken into account for sentencing rather than removing or censoring everything in advance. It is time that we uphold the voices of victims and provide them with the platform and the dignity that they deserve.
Alex Davies-Jones
I thank the hon. Member for new clause 8, which would require the Secretary of State to issue revised guidance on victim personal statements to change the legal position on what they can include. First, let me say that I recognise that victim personal statements are a powerful tool for victims and their families to have their voices heard, and give them the opportunity to tell the court about the impact that a crime has had on them.
The victim personal statement is also important for the court’s sentencing decision. It provides evidence to assist the court in determining the seriousness of the offending as part of a sentencing process. It is right that victims have the opportunity to be part of that. However, it is also right that that be done fairly, which means that the usual rules of evidence must apply.
The hon. Member should be assured that I have heard from victims and their families on their concerns about their experience of the personal statement process. I have already committed to those families that I will look into the matter further. However, his drive to bolster the victim’s voice risks weakening the role that it can play in a sentencing process.
On a practical point, I do not believe the new clause will achieve the desired effect. The criminal practice directions provide the legal basis for a victim personal statement in the context of sentencing. Criminal practice directions are issued by judges, not Ministers. The legal position is then reflected in publicly available guidance. The Secretary of State for Justice is not responsible for any of that guidance, nor have they previously issued any such guidance.
Changing this guidance or issuing new guidance will not change the legal position as set out in the criminal practice directions. That is why I urge the hon. Member to withdraw the new clause, and to work with me to better understand victims’ experience of victim personal statements and how these issues might actually be addressed in a courtroom, while ensuring that the criminal justice system operates safely and fairly for all.
Mike Wood
I thank the Minister for her response. This is an extremely important matter that needs to be dealt with in this legislation. I think she said that she wishes to proceed with something that broadly achieves our aims, but which addresses her concerns about the drafting. If she will undertake to work with the shadow Minister, my hon. Friend the Member for Bexhill and Battle, before Report to find a form of drafting that satisfies the new clause’s objectives without what she clearly sees as defects in its proposed wording, we would obviously be happy to work with her and not press the new clause for now. Hopefully, we will have something that we can agree to on Report. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 10
Sentencing guidelines on court fines
“Within 18 months of this Act receiving Royal Assent, the Sentencing Council must revise relevant sentencing guidelines so that the court must award compensation to a victim to the value of items stolen when imposing compensation for the offence of theft, burglary, fraud, or any other crime that has resulted in a financial loss to the victim.”—(Mike Wood.)
This new clause would require the Sentencing Council to revise sentencing guidelines so that a court must impose compensation commensurate to the value of stolen items when issuing fines.
Brought up, and read the First time.
Mike Wood
I beg to move, That the clause be read a Second time.
The new clause seeks to correct a long-standing imbalance in the way in which financial justice is delivered to victims of theft, fraud, burglary and similar offences. It does so by requiring the Sentencing Council to revise its guidelines within 18 months of Royal Assent so that courts must impose compensation that reflects the actual financial loss suffered by the victim. Right now, victims of crime are far too often left bearing the financial burden of the offence, while the offender, even when convicted, is handed a compensation order that does not even begin to redress the damage that has been done, either directly or indirectly.
The result is an insult added to injury. Offenders walk away with a light financial consequence, while victims are left out of pocket and out of luck due to the crimes committed by others. The new clause would shift that balance, not punitively but justly. It would make it a duty, not a possibility, for sentencing to account for what was actually taken or lost. This is not an unfamiliar concept. Courts already have the power to impose compensation orders, but the inconsistency and infrequency with which they do so undermines public confidence in the system. Let us be clear: all the ordinary processes remain in place for pursuing outstanding payments, but why should we not recognise what is actually owed? If someone has a change of circumstance, it may well be that they could quite readily pay what they owe.
Most importantly, this is about victims. It is about restoring faith in the idea that when someone suffers a loss through crime, the justice system stands behind them—not just symbolically but materially by seeking, as far as possible, to provide restitution. The new clause proposes the straightforward but meaningful step of revising the sentencing guidelines so that, where there is a proven loss, it must be reflected in compensation. That is not just fair; it is the very least that victims should be able to expect. I urge the Committee to support the new clause.
Alex Davies-Jones
New clause 10, tabled by the hon. Member for Bexhill and Battle, would require the Sentencing Council to revise its sentencing guidelines so that courts must award compensation to victims to the value of the items stolen when imposing compensation for the offences of theft, burglary, fraud or any other crime that has resulted in a loss to the victim. I have considered the proposed new clause, but I do not consider it helpful in view of the current legislative position, which I will briefly explain.
Courts can impose a compensation order to require an offender to make financial reparations to the victim for any personal injury, loss or damage resulting from the offence. This includes any financial loss sustained as a result of items stolen in cases of theft, burglary, fraud or any other crime resulting in financial loss. Compensation may be ordered for such amount as the court considers appropriate, having regard to any evidence and representations made by the offender or prosecutor. There is no limit on the value of the single compensation order handed down to an adult offender.
The court must also consider the financial circumstances of the offender, in so far as they are known, to ensure they have sufficient means to pay. To do otherwise would create a pointless system of chasing down money that people are unable to pay, causing a cycle of unnecessary harm and emotional distress to victims.
The Sentencing Council has already issued explanatory information on compensation, which outlines these matters to aid sentencers when considering or issuing compensation orders. The proposed new clause, tabled by the hon. Member for Bexhill and Battle, would limit the flexibility of sentences by mandating through sentencing guidelines that compensation must be awarded to the value of the items stolen. The Government are satisfied that the current process allows courts to strike an appropriate balance between seeking reparation for the harm caused to victims and knowing that it is actually enforceable so that victims are not left waiting for unrealistic debts to be paid to them. I therefore urge the hon. Member for Kingswinford and South Staffordshire to withdraw the proposed new clause.
Mike Wood
I thank the Minister for her comments, but there is an imbalance in the system. Whereas convicted offenders may appeal against a sentence, victims do not have a similar ability to appeal against a failure to award full compensation. The new clause ought to be the presumptive starting point for compensation. Full compensation should usually be awarded, so we will press this matter to a vote.
Question put, That the clause be read a Second time.
Mike Wood
I beg to move, That the clause be read a Second time.
This new clause seeks to close a loophole in the recovery of unpaid court fines. At present, the Limitation Act 1980 imposes a six-year time limit on recovering debts, including fines handed down by the Crown court. Criminal fines are not ordinary civil debts. They are the product of judicial sanction, often imposed in response to serious offences, and reflect the principle that individuals must be held accountable for their actions through the justice system. The new clause would ensure that Crown court fines do not simply expire with time. It would give the Secretary of State the power to pursue unpaid fines without restriction, sending a clear message that justice delayed must not become justice denied. For victims and communities, the payment of court-ordered fines is about not only financial restitution, but accountability and the credibility of our criminal justice system. The Victims’ Commissioner, Baroness Newlove, has long identified this as an opportunity to secure funding, and we all know the tight constraints on expenditure.
Alex Davies-Jones
The new clause implies that there is a time limit on the Government’s ability to enforce unpaid fines imposed by the Crown court, and seeks to remove it. I reassure all hon. Members that this is not the case. There is no such limitation on the ability of the criminal courts or His Majesty’s Courts and Tribunals Service to enforce unpaid fines.
We take the recovery and enforcement of fines very seriously, and we are fully committed to ensuring that financial penalties are paid. HMCTS has robust methods in place for doing so, including taking money from a defendant’s benefits and salary, and seizing and selling goods. Courts also have powers to send offenders to prison for non-payment of fines and other monetary orders. The new clause also seeks to empower the Secretary of State to initiate proceedings to recover unpaid fines. However, civil enforcement mechanisms such as charging orders and bankruptcy are already available, and other well-established enforcement options, including deduction from earnings and benefits, are already in place.
Some offenders will do everything in their power to evade payment. They will move home or provide a false address, and there are processes in place to track them down using tracing tools and any legal routes for securing information gathered by other Government Departments and agencies. Bailiffs can be instructed to collect unpaid sums, and we have just launched a consultation on bailiff regulation, including a 5% uplift in fees to support early-stage recovery. We are also investing in the replacement of outdated IT systems to further improve the efficiency of enforcement arrangements.
I support the intention behind the new clause. It is, of course, essential that fines imposed by the Crown court are collected and enforced. There is no time limit on our ability to enforce fines that remain unpaid, and for good reason. Prolific offenders can rack up substantial fines, which they may pay back through deduction orders or other enforcement orders over many months or years. Offenders may be serving time in prison for other offences, which means that any fines that remain payable during that period will not be enforced until they are released.
We carefully monitor performance on the enforcement of fines. In 2023-24, HMCTS collected over £671 million in financial penalties, of which £10 million was for offences committed before 2017. We rigorously pursue money owed, no matter how old the debt. On average, by the time a financial penalty is five years old, 80% of the total imposition will have been collected. The actions we are taking will further improve performance in this area. For those reasons, we urge the hon. Member for Kingswinford and South Staffordshire to withdraw the new clause.
Mike Wood
Given the Minister’s comments, we are content not to press the new clause to a Division at this time. Again, we may return to it at a future stage. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 15
Duty to collect and publish data upon sentencing
“(1) At the time of passing a sentence by a judge or magistrate the relevant court must provide to HM Courts and Tribunals Service (‘HMCTS’) the following information regarding the sentence passed—
(a) offence type,
(b) sentence length,
(c) such information about the sentenced individual as the Secretary of State sees fit, which must include—
(i) nationality,
(ii) method of entry to the United Kingdom,
(iii) visa route,
(iv) visa status,
(v) asylum status, and
(vi) country of birth.
(2) HMCTS must collect and collate the information on the basis set out in subsection (1) on sentences passed in the courts.
(3) Once every three months, the Secretary of State must publish statistics based on the information collected by HMCTS under subsection (2).”—(Mike Wood.)
Brought up, and read the First time.
Mike Wood
I beg to move, That the clause be read a Second time.
The new clause was tabled in the name of the shadow Secretary of State for Justice, my right hon. Friend the Member for Newark (Robert Jenrick). It would introduce a new statutory duty for courts to provide structured data on sentencing outcomes, including key information about individuals’ immigration status.
Transparency on crime is critical not only for building public trust in our justice system but for ensuring that we have the right tools in place to understand and respond to the realities of criminal offending. The new clause would create a clear, accountable framework for collecting and publishing sentencing data that sits at the intersection of the criminal justice and immigration systems. By requiring His Majesty’s Courts and Tribunals Service to gather and publish that data quarterly, we would enable policymakers to detect patterns, assess outcomes and develop evidence-based responses. Crucially, it would also strengthen the ability of immigration enforcement to make fair, informed decisions on removals, deportations or protections—decisions that must balance public safety with legal and humanitarian obligations.
Ultimately, the public have a right to this level of transparency. For too long, assumptions have filled the void left by incomplete data. The new clause would replace speculation with facts, and in doing so it would promote more informed policy, more effective enforcement and greater public confidence. I commend it to the Committee.
Alex Davies-Jones
I recognise the importance of transparency when publishing data on foreign national offenders. The hon. Member will know that we inherited our current data collection and publication system from the previous Government. It is interesting that the Conservatives are now keen to make changes, after 14 years in office in which they could have done it themselves.
The Lord Chancellor has been clear. This is important to her and we are reviewing what we collect and publish, and should we decide it needs to change, we will of course enact that. More broadly, we are working to strengthen data collection at court, and we are exploring how we can improve the sharing of immigration status data across the criminal justice system.
We are committed to continually developing the data we publish. We already publish data on the number of self-declared foreign nationals in prison and under probation supervision, and we publish detailed ethnicity data of those prosecuted in court. Recording such data for everyone convicted and sentenced in court, including those for lower-level convictions—those that result in a fine, for example—would represent an additional burden on an already stretched system, but it would also inevitably give rise to a substantial data quality risk.
Courts have no mechanism to verify or validate information provided, nor do they have any mechanism to compel such provision in the first place. The new clause would impose an obligation without any consideration of the infrastructure necessary to deliver it. For those reasons, we are unable to accept the new clause, but we will continue to look at what more we can do to improve the accessibility of information relating to foreign national offenders.
Foreign nationals who commit crime should be in no doubt that the law will be enforced, and that we will work with the Home Office to pursue their deportation. It is worth noting that, since 5 July 2024, more foreign offenders have been returned than in the same period 12 months before under the previous Government. For all the Conservatives’ rhetoric, it is this Government who are getting on with the job.
Mike Wood
Given the Minister’s disappointing response, we will wish to have a fuller debate on Report. I do not intend to press the new clause to a vote now, but we will almost certainly do so at a later stage. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
Clause 13
Power to make consequential provision
Question proposed, That the clause stand part of the Bill.
Alex Davies-Jones
Clauses 13 to 16 contain standard provisions that confer powers to make consequential amendments, to set out the Bill’s territorial extent, to make arrangements for commencement of the Bill’s measures, and to set out the Bill’s short title.
Question put and agreed to.
Clause 13 accordingly ordered to stand part of the Bill.
Clauses 14 to 16 ordered to stand part of the Bill.
Question proposed, That the Chair do report the Bill, as amended, to the House.
Alex Davies-Jones
It is customary at this stage in proceedings to say a few words to mark the end of our deliberations in Committee. I welcome that the measures in this Bill command a substantial degree of cross-party support, and I am pleased that the Bill has had the benefit of rigorous scrutiny by members on both sides of the Committee.
I thank the Opposition Front-Bench team, including the hon. Member for Bexhill and Battle—I wish him well in his recovery—for their careful consideration. I pay tribute to all hon. Members who have served so diligently on the Committee and made such thoughtful, valuable and powerful contributions.
I thank you, Dr Murrison, and your co-Chair, Mr Stringer, for keeping us in very good order. I also thank the Government Whip, my hon. Friend the Member for Chester North and Neston. I thank the Clerks and the MOJ officials, particularly Rachel Bennion, Zara Bernard and Hayley Newell, for all of their work. I thank the Hansard Reporters and the Doorkeepers, and I look forward to the debate on Report, which I am sure we will come to soon.
Mike Wood
On behalf of the Opposition, I thank all the Clerks, officials, Doorkeepers and Hansard Reporters. I also thank you, Dr Murrison, and Mr Stringer for your work on this Committee.
There is much that is very positive in this Bill, which is why His Majesty’s official Opposition are pleased to support it. Obviously, there are various points on which we think the Government could and should go further, and we will seek to make the Bill even better on Report. For now, I thank all members of the Committee for their contributions over the past week. I look forward to returning to this debate on Report.
Question put and agreed to.
Bill, as amended, accordingly to be reported.