Victims and Courts Bill

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Alex Davies-Jones Portrait The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)
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I beg to move, That the clause be read a Second time.

Judith Cummins Portrait Madam Deputy Speaker (Judith Cummins)
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With this it will be convenient to discuss the following:

Government new clause 14—Restriction of parental responsibility for child conceived as a result of rape.

New clause 1—Child sexual abuse victims and the Criminal Injuries Compensation Scheme

(1) The Secretary of State must amend the Criminal Injuries Compensation Scheme to—

(a) widen eligibility for compensation to all victims of child sexual abuse, including online-facilitated sexual abuse;

(b) ensure applicants with unspent convictions are not automatically excluded where offences are linked to the circumstances of their sexual abuse as a child; and

(c) increase the time limit for applications for compensation from victims of child sexual abuse to seven years from—

(i) the date the offence was reported to the police; or

(ii) the age of 18, where the offence was reported while the victim was a child.

(2) The Secretary of State must lay before Parliament a new draft of the Criminal Injuries Compensation Scheme within six months of this section coming into force.”

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

New clause 2—Sentencing: duty when giving custodial sentence to offender who has a child

(1) At the time of passing a custodial sentence by a judge or magistrate the relevant court must instruct HM Courts and Tribunals Service (“HMCTS”) to determine whether an offender has—

(a) a dependent child,

(b) parental responsibility for a child, or

(c) a child living in their household.

(2) As soon as reasonably practicable after establishing whether an offender has responsibility for or contact with a child as under subsection (1), HMCTS must notify the relevant local authority and relevant agencies where a child lives with such information about the sentenced individual as the Secretary of State sees fit, which must include—

(a) offence type,

(b) sentence length, and

(c) the offender’s registered home address and date of birth.

(3) In this Section—

“local authority” has the same meaning as in the Children Act 2004 (see section 65);

“relevant agency” in relation to a local authority area in England, means a person who exercises functions in that area in relation to children.”

This new clause would introduce a duty on courts to ascertain whether an offender has responsibility for, or contact with a child at the time of passing a custodial sentence and for the courts to notify relevant local safeguarding teams details of the sentence passed by a judge or magistrate.

New clause 4—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.”

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.

New clause 5—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,

(vi) country of birth, and

(vii) biological sex.

(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).”

New clause 6—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.”

New clause 7—Extension of Victim Contact Scheme

(1) The Secretary of State must ensure that the Victim Contact Scheme is made available to—

(a) victims of offenders sentenced to less than 12 months for violent and sexual offences,

(b) victims in cases involving coercive or controlling behaviour, stalking, or harassment, and

(c) bereaved families in manslaughter or death by dangerous driving cases.

(2) The Secretary of State must ensure that information under the Victim Contact Scheme is communicated in a timely and trauma-informed manner.

(3) The Secretary of State must publish data each year on uptake and accessibility of the Victim Contact Scheme.”

This new clause would require the Secretary of State to extend the Victim Contact Scheme to certain categories of victim. It would also ensure information is provided in a timely, trauma-informed way and require annual reporting on the Scheme’s uptake and accessibility.

New clause 8—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.”

This new clause would give victims a right to receive, free of charge, court transcripts of sentencing remarks, judicial summings-up, and bail decisions relevant to their case. It requires that transcripts be provided within 14 days of a request and clarifies that this right applies whether or not the victim gave evidence in the case.

New clause 9—Victims of online and technology-enabled crimes

(1) The Secretary of State must, within six months of the passing of this Act, commission the Victims’ Commissioner to undertake a review of the support provided to victims of online or technology-enabled offences including, but not limited to—

(a) harassment and threats;

(b) deepfake image generation; and

(c) the premeditated filming and online sharing of violent attacks where the intent is to humiliate or cause distress.

(2) The review should consider the effectiveness of—

(a) the Code of Practice for Victims of Crime in England and Wales;

(b) any guidance on the treatment of victims in the criminal justice system; and

(c) support provided to victims by the criminal justice agencies.

(3) The Victims’ Commissioner must publish a report making recommendations to the Secretary of State within 12 months of the start of the review.”

This new clause would require the Secretary of State to undertake and publish a review of the support provided to victims of online or technology-enabled offences.

New clause 10—Duty to commission support services for victims of abuse and exploitation

(1) This section applies in respect of victims of offences relating to—

(a) domestic abuse,

(b) sexual violence, or

(c) child criminal exploitation.

(2) It is the duty of relevant authorities to commission sufficient and specific services for victims under subsection (1) in accordance with the Victims Code of Practice for England and Wales.

(3) Victim is defined as outlined in Section 1 of the Victims and Prisoners Act 2024.

(4) The services commissioned and provided for under subsection (2) must include, but are not limited to—

(a) specialist services for adult victims of domestic abuse and sexual violence,

(b) specialist services for child victims of exploitation, sexual abuse and domestic abuse,

(c) specialist advocacy and community-based services for victims with specific needs including (but not limited to)—

(i) child victims,

(ii) Deaf and disabled victims,

(iii) Black and minoritised victims, and

(iv) LGBTQ+ victims,

in compliance with the Public Sector Equality Duty.

(5) In this section—

“child criminal exploitation” has the meaning given in the Crime and Policing Act 2025;

“relevant authorities” has the meaning given in section 13 of the Victims and Prisoners Act 2025.”

New clause 11—Duty to commission support services for caregivers of victims of abuse and exploitation

(1) This section applies in respect of victims of offences relating to—

(a) domestic abuse,

(b) sexual violence, or

(c) child criminal exploitation,

where the victim—

(i) at the time of the offence, was under the age of 18, or

(ii) is an adult at risk of harm.

(2) It is the duty of relevant authorities to commission sufficient and specific services for the parent, guardian or person who has responsibility for the victim under subsection (1) for the purpose of securing the rights of the victim under the Victims Code of Practice for England and Wales.

(3) Victim is defined as outlined in Section 1 of the Victims and Prisoners Act 2024.

(4) The services commissioned and provided under subsection (2) must be—

(a) appropriate to the needs of the caregiver in supporting the victim,

(b) trauma-informed and culturally competent, and

(c) accessible without unreasonable delay or procedural burden.

(5) In exercising their duty under this section, relevant authorities must have regard to guidance issued by the Secretary of State.

(6) The Secretary of State must publish such guidance within six months of the passing of this Act, following consultation with relevant stakeholders including—

(a) victim support organisations,

(b) organisations representing children and vulnerable adults, and

(c) persons with lived-experience of the effects of sexual or violent offences.

(7) In this section—

“child criminal exploitation” has the meaning given in the Crime and Policing Act 2025,

“adult at risk of harm” means a person aged 18 or over who—

(a) has needs for care and support,

(b) is experiencing, or is at risk of, abuse or neglect, and

(c) as a result of those needs is unable to protect themselves against the abuse or neglect or the risk of it, and

“relevant authorities” has the meaning given in section 13 of the Victims and Prisoners Act 2025.”

New clause 12—Application of the Victims’ Code in respect of victims of murder, manslaughter or infanticide abroad

(1) The Victims and Prisoners Act 2024 is amended as follows.

(2) After section 2, insert—

“2A Application of the victims’ code in respect of victims of murder, manslaughter or infanticide abroad

(1) This section applies in respect of victims as defined under section 1(2)(c) who are a close relative of a British National resident in England and Wales, who was the victim of—

(a) murder;

(b) manslaughter; or

(c) infanticide,

committed outside the UK.

(2) The Secretary of State must by regulations issue an appendix to the victims’ code, setting out how the code applies to victims in the circumstances set out in subsection (1).

(3) The appendix must set out the services to be provided to victims as defined under subsection (1) by those persons based in England and Wales appearing to the Secretary of State to have functions of a public nature relating to—

(a) victims, or

(b) any aspect of the criminal justice system.

(4) The appendix must make provision for services based in England and Wales which reflect the principles that victims require—

(a) information to help them understand the criminal justice process;

(b) access to services within England and Wales which provide them with emotional and practical support (including, where appropriate, specialist services);

(c) in circumstances where the criminal justice process is engaged in England and Wales, the opportunity to make their views heard in the criminal justice process; and

(d) the ability to challenge decisions which have a direct impact on them.

(5) In setting out the services to be provided to victims under this section, the Secretary of State must specify the following:

(a) how such services will be provided with accessible information;

(b) how they access emotional and practical support.””

This new clause requires the Secretary of State to create an appendix to the Victims’ Code which outlines how the code applies to victims whose close relative was the victim of murder, manslaughter or infanticide outside the UK.

New clause 15—Right to referral to restorative justice services

(1) A victim of an offence has the right, at any stage following the commission of the offence, to receive from a relevant criminal justice body—

(a) information about the availability and purpose of restorative justice services; and

(b) a meaningful referral to restorative justice services, where those services are available.

(2) A referral under subsection (1) must be made—

(a) as soon as is reasonably practicable after the offender is identified; and

(b) at subsequent appropriate stages of the criminal justice process (including pre-charge, post-charge, and post-conviction) or if requested by the victim.

(3) In exercising the right under this section, a victim must at all times give informed consent, and participation in any restorative justice process shall be voluntary.

(4) A relevant criminal justice body must maintain a record (in such form as may be prescribed by regulations) of—

(a) the times when referrals under subsection (1) are made; and

(b) statistical information on how many victims accept, decline, or do not respond to referrals.

(5) For the purposes of this section, “relevant criminal justice body” includes (but is not limited to) the—

(a) police;

(b) Crown Prosecution Service;

(c) His Majesty’s Prison and Probation Service;

(d) courts; and

(e) Commissioned victim service providers.

(6) The victims’ code must include provision consistent with this section for—

(a) the form, timing, and content of information to be given to victims about restorative justice;

(b) mechanisms and standards for referral and re-referral; and

(c) oversight and review of compliance with this section.

(7) In this section “restorative justice services” means services facilitating a process through which a victim and offender (or their representatives) may, with appropriate support, voluntarily engage to deal with the harm arising from the offence by means of a facilitated dialogue or meeting such as conferencing, or indirect exchanges of communication via trained practitioners.”

This new clause seeks to strengthen victims’ statutory rights to access restorative justice services.

New clause 16—Duty to report on the use of restorative justice services

(1) The Secretary of State must, within a year of the passing of this Act, undertake an assessment of the use of restorative justice services by victims in England and Wales.

(2) The assessment under subsection (1) must consider—

(a) the level of use of restorative justice services;

(b) recommendations for increasing the use of restorative justice services; and

(c) any other matters that the Secretary of State deems appropriate.

(3) The Secretary of State must lay a copy of the assessment before Parliament.

(4) In this section “restorative justice services” means services facilitating a process through which a victim and offender (or their representatives) may, with appropriate support, voluntarily engage to deal with the harm arising from the offence by means such as mediation, conferencing, or reparation, under standards of safety and fairness.”

This new clause would require the Secretary of State to carry out an assessment of the level of use of restorative justice services, and make recommendations for increasing their use.

New clause 17—The Victims’ Code: right to veto licence conditions relating to an offender’s release

The Secretary of State must, within 3 months of the passing of this Act, revise the Victims’ Code to ensure that a victim of a serious or violent offence has a right of veto over licence conditions relating to the release of an offender from prison, including temporary release, which fails to reasonably prevent an offender travelling to specific locations and provide adequate protections to the victim.”

This new clause gives victims of a serious or violent offence a right of veto over licence conditions relating to the release of an offender from prison.

New clause 18—Victim navigators

(1) The Secretary of State must, with six months of the passing of this Act, make provision for each police force in England and Wales to have access to one or more independent victim navigators.

(2) The purpose of an independent victim navigator under subsection (1) is to—

(a) liaise between the police force and potential victims of offences relating to slavery or human trafficking; and

(b) assist in the provision of specialist advice for either the police force or the potential victims.

(3) The Secretary of State may by regulations provide further guidance on the functions of independent victim navigators.

(4) Regulations under this section shall be made by statutory instrument, and may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.”

This new clause seeks to introduce provisions for Independent Victim Navigators to be in operation on a national level in England and Wales, acting as a liaison between the police and potential victim of slavery or human trafficking in accessing the appropriate support.

New clause 19—Requirement for Strategic Planning and Funding of Victim Support Services

(1) Each local authority and relevant authority must prepare and maintain a victim support strategy setting out how they will meet the needs of individuals affected by—

(a) offences related to domestic or family-related abuse,

(b) sexual offences, and

(c) offences related to child criminal exploitation,

in accordance with their rights under the victims’ code.

(2) Strategies prepared under subsection (1) must include—

(a) identification of gaps in existing services,

(b) specific plans to fund and deliver services for adults and children,

(c) measures to ensure accessibility for victims with particular needs, including (but not limited to) those who are disabled, deaf, from racially minoritised communities, or LGBTQ+.

(3) Any body subject to a duty under subsection (1) must report annually to the Secretary of State on progress in implementing their victim support strategy, including outcomes for service users.

(4) For the purposes of this section—

“victim” has the meaning given in section 1 of the Victims and Prisoners Act 2024;

“child criminal exploitation” has the meaning given in the Crime and Policing Act 2025; and

“relevant authority” has the meaning given in section 13 of the Victims and Prisoners Act 2025.”

This new clause would require local authorities and other relevant bodies to prepare victim support strategies for meeting the needs of victims of offences relating to domestic or family-related abuse, sexual offences, or child criminal exploitation.

New clause 20—Duty to report on availability of support services for carers of victims

(1) Relevant authorities must prepare an annual report on the availability, accessibility, and adequacy of support services for carers of victims affected by—

(a) offences related to domestic or family-related abuse,

(b) sexual offences, and

(c) offences related to child criminal exploitation,

provided for the purpose of securing the rights of the victim under the victims’ code.

(2) A report produced under subsection (1) must include—

(a) an assessment of gaps in existing services for carers,

(b) the types of support available, including emotional, practical, and advocacy services,

(c) measures in place to ensure accessibility for carers with specific needs, including those who are disabled, blind, deaf, from racially minoritised communities, or LGBTQ+, and

(d) planned actions to improve service provision where gaps are identified.

(3) Relevant authorities with a duty under subsection (1) must publish the report and submit a copy to the Secretary of State no later than six months after the end of each financial year.

(4) For the purposes of this section—

“carer” means any individual providing unpaid support to a victim as defined in section 1 of the Victims and Prisoners Act 2024,

“child criminal exploitation” has the meaning given in the Crime and Policing Act 2025, and

“relevant authority” has the meaning given in section 13 of the Victims and Prisoners Act 2025.”

This new clause would require relevant authorities to prepare an annual report on the availability, accessibility, and adequacy of support services for carers of individuals victims affected by offences relating to domestic or family-related abuse, sexual offences, or child criminal exploitation.

New clause 21—Duty of the Secretary of State to make a statement following publication of reviews or reports relating to the experience of victims in the criminal justice system

(1) This section applies where any review, report, or inquiry—

(a) is commissioned, conducted, or sponsored (in whole or in part) by the Secretary of State or the Victims’ Commissioner, and

(b) relates to the experience of victims in the criminal justice system.

(2) Within two weeks of the date of publication, the Secretary of State must make a statement to both Houses of Parliament setting out—

(a) the principal findings and recommendations of the review, report, or inquiry, and

(b) the Government’s initial response, including any intended actions or further consideration to be undertaken.

(3) The statement under subsection (2) must be made by oral statement unless exceptional circumstances make a written ministerial statement more appropriate.

(4) For the purposes of this section a review, report, or inquiry may be statutory or non-statutory.

(5) The Secretary of State must publish guidance on the operation of this section within three months of the passing of this Act.”

This new clause would require the Secretary of State for Justice to make a statement to Parliament within two weeks of the publication of any review, report, or inquiry relating to the experience of victims in the criminal justice system, including those commissioned or conducted by the Victims’ Commissioner. The statement must summarise the findings and set out the Government’s initial response.

Amendment 8, in clause 3, page 6, leave out lines 1 and 2 and insert

“for a serious sexual offence committed against a child.”

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

Amendment 1, page 6, line 1, leave out

“of 4 years or more”.

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

Government amendment 10.

Amendment 2, page 6, line 2, leave out

“for whom the offender has parental responsibility.”

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

Amendment 3, page 6, line 20, leave out from “section” to end of line 25 and insert—

“ceases to have effect if the offender is acquitted of the offence on appeal.

(5A) A prohibited steps order made under this section does not cease to have effect if the sentence is reduced, on appeal, so that it is no longer a life sentence or a term of imprisonment or detention of 4 years or more.”

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

Government amendments 11 to 21.

Amendment 4, in clause 11, page 12, line 21, 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.

Amendment 5, 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 6, page 12, line 29, leave out “28” and insert “56”.

This amendment is contingent on Amendment 4.

Amendment 7, 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 5. 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.

Alex Davies-Jones Portrait Alex Davies-Jones
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It is truly an honour to open this debate and to bring the Victims and Courts Bill before the House. This Bill is about people—victims who have suffered unimaginable trauma and their families—and ensuring that they receive justice. It is about restoring faith in a justice system that can often feel cold and confusing, and it delivers on this Government’s driving mission for safer streets, making sure that victims are supported, that offenders are held to account, and that justice is delivered swiftly and fairly.

The deep-rooted issues in our criminal justice system need no repeating here. The House knows that the system requires large-scale reform after years of neglect. There is a long road ahead, but this Bill takes an important step forward. At its core are victims’ experiences. This Government are bringing forward real, tangible measures to ensure that victims’ voices are heard, their needs are recognised, and their rights are respected. The Bill will strengthen our courts, improving efficiency and fairness across the system. These are much-needed changes, and I am deeply grateful to hon. and right hon. Members from all parts of the House for their time and their insight in considering the measures, and to all the organisations, advocates and survivors who have shared their experiences and helped us shape this legislation.

I am sure that the House will therefore join me in paying tribute to the families of Jan Mustafa, Olivia Pratt-Korbel, Zara Aleena and Sabina Nessa, and I welcome to this place Ayse Hussein, Cheryl Korbel and Antonia Elverson, who are in the Public Gallery today. I also thank Jebina Islam, Farah Naz, the Justice for Victims group—which includes Susan and Jeremy Everard, Glenn and Becky Youens, Katie Brett, Paula Hudgell and Ayse Hussein—and the Bethan family for their courage and strength in campaigning amid immense grief for their loved ones.

Three Government amendments on Report will further strengthen the Bill, delivering clearer, stronger protection for victims, and I will turn to them briefly now. I again thank all those who have worked so constructively with me and officials in the Ministry of Justice to discuss their issues and concerns.

New clause 14 and amendments 12 to 21 restrict the exercise of parental responsibility for perpetrators of rape, where their crime has resulted in the birth of a child. These amendments will protect children, but will also help shield the victim from their perpetrator interfering in their lives, because those who commit this horrific crime should clearly never be able to use parental rights to control or torment their victim. I take a moment to pay tribute to a woman who I am proud to call my colleague and even prouder to call my friend. Many in this House will already have deep admiration for my hon. Friend the Member for Bolsover (Natalie Fleet), and I place on record that this change is hers. It is for her, her children and those just like them up and down the country—the people to whom she has dedicated her life to fighting tirelessly for.

Chris Vince Portrait Chris Vince (Harlow) (Lab/Co-op)
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I add my personal admiration for my hon. Friend the Member for Bolsover (Natalie Fleet), who has been a fantastic champion for this new clause. Her predecessor in the House was called the beast of Bolsover, but I think she is the brave of Bolsover, because every time she speaks in this House she is incredibly brave, and I pay tribute to her.

Alex Davies-Jones Portrait Alex Davies-Jones
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I echo those sentiments entirely It has genuinely been my privilege to hear her story, and to work with her to ensure that this measure stops rapists taking an active role in a child’s life when that child was conceived as a result of rape. I cannot imagine the enormous complexity that mothers such as her face in this situation, and I am in awe of her bravery and that of so many others. This measure will ensure that rapists cannot take active steps in a child’s life when that child has been conceived as a result of the crime for which they have been convicted.

In order to protect as many children as possible, our measure features a two-track process. When the Crown court is satisfied that a child was conceived as a result of rape, it must make a prohibited steps order restricting the offender’s parental responsibility, unless it is not in the interests of justice to do so. We recognise that rape can occur within an abusive relationship, and that this may make it difficult to prove at a criminal trial that it led to the child’s conception. When that is the case, but the court considers that the rape may have led to the conception of the child, it will refer the matter to the family court via the local authority. This two-track process sends a clear message that we will protect all children born of rape, no matter what the circumstances.

The Government recognise the clear risk that serious child sex offenders pose to their children, which is why we tabled amendment 10, which will expand clause 3 of the Bill. It means that when someone is sentenced to four or more years for serious child sexual abuse, against any child, the courts will automatically restrict their parental responsibility. The process will remain the same: at the point when an offender is sentenced, the Crown court will be required to make a prohibited steps order restricting the offender’s exercise of parental responsibility for all children for whom they hold it. For offenders to be in scope of the amendment, they will have demonstrated that they are unable to protect children and to consider their welfare. That is why it includes all serious child sexual abuse offences against all children. Unlike the last Government’s plans in the Criminal Justice Bill, this proposal is not limited to offences of child rape. What is more, unlike the last Government, this Government will actually deliver on it. We are taking this important step today to protect even more children by preventing these individuals from taking active steps in their children’s lives.

We have recognised the strength of feeling on this issue, and I am grateful to Members—especially my hon. Friend the Member for Bolsover, whom I have already mentioned, but also my hon. Friend the Member for Lowestoft (Jess Asato), the right hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts), and Baroness Harman. They have been unwavering in their advocacy for the protection of children. Safeguarding children is of the utmost importance to this Government, and amendment 10 ensures that we are doing just that.

Louise Haigh Portrait Louise Haigh (Sheffield Heeley) (Lab)
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My hon. Friend has just mentioned some pioneering women in the House who have campaigned on this very issue for a number of years, but today’s amendment stands on the shoulders of the brave victims and survivors who have spoken out for so long. It will correct a historic injustice whereby, while children are protected from convicted sex offenders and paedophiles, their own children are not, through no fault of their own. This Government are now taking steps to ensure that children and their parents are protected from these vile sex offenders.

Alex Davies-Jones Portrait Alex Davies-Jones
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My right hon. Friend is right. The Bill is a testament to those brave victims and survivors who have spoken out about this injustice, and it is this Government who are correcting that. My right hon. Friend also said that the amendment stands on the shoulders of brave, brilliant women in this place who have come before us and are still here, and it is apt for me to pay tribute to her as well, because new clause 13, concerning the misuse of nondisclosure agreements, is a testament to her brilliant campaigning.

The Government are very clear about the fact that NDAs must not be used to silence victims or witnesses of crime. Victims must be free to tell their truth, to seek help, and to warn others. New clause 13 will void NDAs to the extent that they seek to prevent a victim or a direct witness from speaking about criminal conduct to anyone, and for any purpose. It will also protect disclosures about how the other party responded to the conduct or allegation, so that victims are not prevented from sharing the full context of their experience. It builds on the Employment Rights Bill, which addresses the use of NDAs in cases of workplace harassment and discrimination. It will bind the Crown, but will not apply to a narrow cohort of specified agreements for national security reasons. It includes regulation-making powers to define “excepted NDAs”, where both parties genuinely wish to retain confidentiality, and to ensure that certain disclosures will always be permitted. Once commenced, this measure will replace section 17 of the Victims and Prisoners Act 2024, which allows limited disclosures to certain bodies. Together with the Employment Rights Bill, we are taking the necessary steps to ensure that NDAs cannot be misused to silence victims or obstruct justice.

Let me now briefly address a number of other concerns that have been raised and led to the tabling of amendments. I will not pre-empt what will be said later today, and I will give Members the time to make their cases. However, I again thank those in all parts of the House for engaging with me and setting out their concerns.

New clause 2, tabled by my hon. Friend the Member for Bristol East (Kerry McCarthy), would place a statutory duty on the Crown court and His Majesty’s Courts and Tribunals Service to determine whether an offender has parental responsibility for a child following sentencing. The new clause is well intentioned, but it risks creating practical difficulties. Determining whether a person holds parental responsibility, has dependent children or has children living in their household may require interpretation of family court orders, birth records or informal care-giving arrangements. These are matters for the family court; imposing such a duty on the Crown court risks delaying sentencing. This Government gave a manifesto commitment to identify and provide support for children affected by parental imprisonment, and the Ministry of Justice and the Department of Education are working together to determine the best way to deliver on that commitment and ensure that every child gets the support that it needs.

The right hon. Member for Newark (Robert Jenrick) and the hon. Member for Chichester (Jess Brown-Fuller) have tabled amendments to remove the four-year custodial threshold that applies to clause 3, and to expand the number of cases in which the clause will apply. This is not simply about when parental responsibility should be restricted; it is about when that restriction should happen automatically. We need to be mindful that this is a very novel proposal. Removing the threshold would add a very large number of cases to what is an untested approach. More cases will also mean more applications to the family court, and it is important we do not overwhelm the court and create delays that would put the vulnerable children already in the system at further risk.

We want to be sure that there are no adverse consequences for those children and their families who are already in the family court. That is why we have sought to keep these measures narrow, so that we can understand exactly how they are working in practice and what the impacts are. As I said on Second Reading and in Committee, this is just the beginning. As part of the implementation of these measures, we will seek to understand how they operate in practice and ensure that there are clear routes through the family court for the restriction of the parental responsibility of any perpetrator who does not fall into this category.

The right hon. Member for Newark has tabled amendments on the unduly lenient sentencing scheme. Parliament intended the scheme to be an exceptional power, and I recognise the importance of finality in sentencing to avoid ongoing uncertainty for victims, those convicted, and society more broadly about the sentence to be served. However, I also recognise the exceptionally difficult circumstances for victims and their families in making a referral to the Attorney General within the 28-day limit.

The Law Commission is carrying out a review of criminal appeals, and held a public consultation that sought views from a range of individuals on reforms to the ULS scheme, including extending the time limit and offences in scope. The Government will , of course, carefully consider the review’s final recommendations, but I can assure Members on both sides of the House that I have heard the strength of feeling on the ULS scheme. The amendments that have been tabled on the matter raise important issues, and I will continue to look at the issue carefully as the Bill progresses towards the other place. On that, I make a commitment.

The right hon. Member for Newark has also tabled an amendment on victim personal statements, a topic on which I must pay tribute to my hon. Friend the Member for Forest of Dean (Matt Bishop) for his dedicated campaigning. Victim personal statements can be an incredibly powerful way for victims and their families to tell the court how the crime has impacted them, and for the court to directly hear evidence about the harm caused when considering its sentencing of the offender. This is the victim’s voice in the courtroom.

It is important to understand that these statements are evidence submitted to the court to assist it in determining sentences. As evidence they are subject to strict rules, which the court applies to ensure that the criminal justice process works fairly and effectively. That is why the content is limited to explaining the impact of the crime.

Marie Rimmer Portrait Ms Marie Rimmer (St Helens South and Whiston) (Lab)
- Hansard - - - Excerpts

This takes me back to speaking with the family and father of young Violet-Grace, who was killed in 2017, at four years old, by someone who was going 80 mph in a 30 mph zone and then went missing. During the court case some years later, the family wanted to read out their victim statement fully in court. The defendant’s barrister objected, and the judge accepted that objection.

--- Later in debate ---
The father texted me this morning and said, “Thank you, Marie. After all these years, I can see some light in the future. We don’t want other people to suffer this.” I do hope that this measure goes through, and that we can get something for this family, who now have another little girl. I thank this Government for getting round to it, because Bills and Acts have been going through, and it has been so terribly traumatic. The whole town feels for the parents. On behalf of Violet-Grace’s parents, thank you so much.
Alex Davies-Jones Portrait Alex Davies-Jones
- Hansard - - - Excerpts

I thank my hon. Friend for raising the case of Violet-Grace. She has been a tireless campaigner and supporter of the family for many years. I have had the privilege of meeting the Youens family several times and hearing directly how they were affected by their experience with their victim impact statement and the limitations placed on them as to what they could say in court. It essentially silenced them, and meant that their pain was not heard by the perpetrator. I am committed to working with them and the other Families for Justice campaigners. I have had extensive conversations with the hon. Member for Bexhill and Battle (Dr Mullan), and with many other hon. Members across this House, on looking for a way forward to ensure that victims’ voices are best represented in sentencing.

We do not need legislation for that. In fact, legislation could potentially make things worse through retraumatising victims by making them give two separate statements or by limiting—even further—in statute the parameters of what can be said. I do not want to limit or silence any victims; I want to work with them to ensure that there is universality, that there is support for them when completing their victim impact statements, and that the guidance is there so that everyone knows exactly what can be said in that impact statement. It is vital that we give victims a voice, and I am determined to achieve that.

I know that my hon. Friend the Member for Lowestoft will speak to her amendment on placing a duty on certain authorities to commission specific support services for victims—and caregivers of victims—of abuse and exploitation. Again, this measure is well intentioned, but we do not agree that it is helpful to place a statutory obligation on certain authorities to commission certain support services.

The Ministry of Justice already provides grant funding to police and crime commissioners that is used to commission support services for victims of abuse and exploitation. That includes ringfenced funding for sexual violence and domestic abuse services. It is for the PCCs to determine what support is best for their local areas. However, I remain committed to working with my hon. Friend and others to ensure that victims get the best support.

My hon. Friend the Member for Rotherham (Sarah Champion) has tabled an amendment that seeks to reform the criminal injuries compensation scheme in relation to compensating victims of child sexual abuse. This Government are, of course, absolutely committed to supporting victims. However, we believe that reforming the scheme in a way that benefits only victims of child sexual abuse—or any other single crime type—would undermine its principle of universality.

My hon. Friend the Member for Rotherham—as well as my hon. Friends the Members for Warrington North (Charlotte Nichols) and for Birmingham Northfield (Laurence Turner), and all those who attended the Westminster Hall debate earlier this year—will know the strength of feeling about the criminal injuries compensation scheme: it is not working, and it needs reform. I am committed to working with them and others, including victims and survivors, to ensure that that reform is not piecemeal and to look at how we can make it the most effective and sustainable scheme, to provide compensation to victims.

The hon. Member for Maidenhead (Mr Reynolds) will no doubt speak to his amendment on support for families bereaved by homicide abroad. Bereaved families will, in many instances, need support tailored to their cases. We have heard that these families need more clarity about that offer from UK agencies, what the homicide service even is, and how to access it. That is why we are working with Departments across Government, agencies, and the Victims’ Commissioner to produce a clear, accessible guide to support families bereaved by homicide abroad. I am grateful to the charity Murdered Abroad for working alongside us to ensure that that guidance delivers on its aims, and that we help those families who are stuck in limbo.

I will close by emphasising again the importance of this Bill. It is a foundation for a better justice system—one that provides even greater protection for victims and that delivers swifter and more efficient justice. It will not solve every issue we face overnight, but it is a strong, determined step forward: a signal that this Government stand shoulder to shoulder with victims.

Again, I sincerely thank Members on all sides of the House for their engagement with this Bill. We work together in this place, and it is at its best when we come together for the sake of victims and survivors. I look forward to hearing the debate and responding to all of the views—I am looking forward to a really healthy debate. For now, I commend the Government amendments and new clauses to the House.

Jess Brown-Fuller Portrait Jess Brown-Fuller (Chichester) (LD)
- Hansard - - - Excerpts

The cornerstone of our justice system should always be the support and protection of victims and survivors—ensuring that those who have suffered at the hands of others can go on to live a life without fear, and not be defined by the actions of those who harmed them. That is achieved by putting victims’ and survivors’ needs at the heart of the justice process, and ensuring that justice is served—and seen to be served—swiftly, through properly funded support. Both protection and rehabilitation must also be robust and effective.

All of that has underpinned many of the issues that victims and survivors currently face—the things that fill our local surgery appointments and our inboxes, often with harrowing accounts of system failures that continue to compound their trauma. We recognise that this Labour Government is having to untangle that mess: the court backlogs that delay justice; prison overcrowding; criminals released on to the streets without warning; and the hollowing out of support services that victims rely on.

We in the Liberal Democrats therefore welcome the intention of this Bill, and its many measures aimed at ensuring that victims are listened to and that their experiences in the system improve. In particular, we welcome the measures compelling offenders to attend their sentencing hearings. For many victims, that is seeing justice done—an important aspect of the process—a moment of closure or, for some, the beginning of their recovery. It is something that, more often than not, they have waited far too long to see. Offenders being seen to face the consequences of their actions is vital for many victims’ journeys.

We also welcome the provisions, both in the Bill and in the Government’s amendments, to restrict parental responsibility in instances of rape or sexual assault against a child, including when a child is conceived after a rape and when an offender has parental responsibility for any child. I give credit to the hon. Member for Bolsover (Natalie Fleet) for being a tireless advocate for this and for being so brave in sharing her personal story.

That change is something that my hon. Friends the Members for North East Hampshire (Alex Brewer) and for South Devon (Caroline Voaden) also called for in Committee, and it has been a long-standing campaign for families and victims across the country. It is reassuring that the Justice Secretary and the Minister for Victims have heard their calls, picked this up and made it an important part of the Bill.

We are also really pleased to hear about the victims helpline, which could provide valuable support for so many, although we remain concerned about the sufficiency of the resources behind that to make the service genuinely effective. I would appreciate further clarity from the Minister on the resources being made available for the helpline.

Likewise, the extension of the Victims’ Commissioner’s powers is a constructive move. Empowering them to work on behalf of victims when a case is in the public interest is important for improving the experiences of victims and witnesses and, most importantly, for learning lessons for the future, which successive Governments have not been very good at doing.

We also believe that there are gaps in the provisions of this Bill that could be improved on. These have formed the bases for our amendments, but I am pleased to hear the Minister say that this is not the end of the journey, and we are laying out where we would like to see the Bill go. To that end, new clause 7 seeks to extend the victim contact scheme to repair some of the gaps in provision. Ensuring that victims have information about offenders, and about how they can apply for licence conditions, provide statements to parole hearings and appeal decisions, is vital for many victims’ journeys after a crime and for their feeling of safety. We therefore believe that the scheme should be extended to victims of offenders serving less than 12 months for violent or sexual offences, to victims in cases involving coercive or controlling behaviour, stalking or harassment, and to bereaved families in cases of manslaughter or death by dangerous driving.

New clause 8 would ensure that victims of criminal offences are entitled to free court transcripts, which should be universal to ensure transparency and an accessible method of processing court cases for all those involved in the criminal justice system, given that so much that happens in a court trial feels like a foreign language to so many accessing it, who need to process it afterwards. I know that my hon. Friend the Member for Richmond Park (Sarah Olney) has done exemplary work on this topic and that the issue has support across the House, notably in an amendment tabled by the Conservatives, despite their decision to ignore it during the decade in which they were in charge of the Ministry of Justice. The roll-out of free court transcripts for victims of rape is a welcome step, but it should not be the end of our ambition to ensure that all victims can have this important document following a trial.

New clause 21 would require the Secretary of State for Justice to make a statement to the House within two weeks of the publication of any review, report or inquiry into the experiences of victims, including those produced by the Victims’ Commissioner. When things go wrong in serious national cases where hundreds, or perhaps thousands, have been let down by the justice system, it is vital that the country sees acknowledgment, apology and action from the relevant authorities, including the Government. This new clause would give hon. Members from across the country the opportunity to scrutinise the Government’s response in all instances.

New clause 19 would specifically mandate local authorities to prepare strategies for victim support, to ensure that there are no postcode lotteries in support services relating to domestic abuse, sexual offences and child exploitation. New clause 20 would require relevant authorities to prepare an annual report on the availability and adequacy of support services for carers of victims of domestic abuse and sexual assault. These services are essential for victims finding pathways to moving on from horrific crimes.

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There will be things that the judge cannot take into consideration. However, we need to allow the judge to make clear what points of law will or will not be considered, and what things the victims may wish to say, in order to have their hearing and to get their say, that the judge will not technically take into account in sentencing, without putting it back on victims and saying that we cannot change the system because of the law. For example, if the victim wants to say what sentence the perpetrator should get, what is wrong with that? In these sorts of circumstance, it is perfectly reasonable that any person in court would want to be able to say that. Are we really saying that the judge cannot hear that and then set it aside?
Alex Davies-Jones Portrait Alex Davies-Jones
- Hansard - - - Excerpts

The shadow Minister is right that there are certain things that victims should be able to say in their victim impact statement—we agree on that—but there are things that are clearly not in the remit of what should be openly discussed in a sentencing hearing. They include information pertaining to the offender’s family, for example. Victims may want to reference that in their victim impact statements, but for the safety of those other family members, they should not be mentioned. It is right that we have strict guidance, and I am willing to work with him and other hon. Members to ensure that the victims have a voice in this.

Kieran Mullan Portrait Dr Mullan
- Hansard - - - Excerpts

We have been clear that victims do not have carte blanche—they cannot say literally whatever they like—but our proposed new clause allows the Government to set what those things will or will not be more clearly in law. That puts the onus back on the judge to disregard things that will not be of relevance to the sentencing. I think that is a perfectly reasonable way to organise things.

Alex Davies-Jones Portrait Alex Davies-Jones
- Hansard - - - Excerpts

The shadow Minister has just outlined exactly why it would be wrong to put this into statute. The issue of victim impact statements is not black and white—there is a large grey area—which is why having a specific list of what can and cannot be put in place is not the right approach. We do not need legislation on this, but we do need proper guidance and training to support victims and families so they can have their say in a sentencing hearing.

Kieran Mullan Portrait Dr Mullan
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With non-exhaustive lists, parts of which are in legislation and parts of which are not, we can agree the things that are vital for people to be able to say, while other things could be determined through guidance. However, legislation is needed because, as the Minister pointed out, there are fundamental things about the definition of a victim personal statement that we think are wrong. That will need to be changed in legislation to give people freedom to comment on those issues. We can go on to decide how the judge might handle that.

I commend my friend the hon. Member for Maidenhead (Mr Reynolds) for his work on new clause 4. I met Eve Henderson, from the charity Murdered Abroad, who has long campaigned for better recognition and support for the families of British nationals who have lost loved ones to murder, manslaughter and infanticide overseas. Far too often, those families find themselves in a position of deep grief, while also having to navigate complex and unfamiliar foreign legal systems with little or no support from home. They can be left without clear information, a voice in proceedings or access to the services that victims of crime in this country are entitled to expect. To correct that injustice, the new clause would set out explicitly how the victims code applies in such circumstances, guaranteeing access to practical and emotional support, clear information about processes and the ability to challenge decisions.

The contribution by the hon. Member for Rochester and Strood (Lauren Edwards) was unusual. As the consistent Government message against the measure has been that the original proposals were too broad, the hon. Lady has thought carefully and brought forward proposals that are narrow, so disagreeing with the Government objection. I will assume that is her sincere reason for objecting to the measure, and that it is nothing to do with the fact that the Whips have told Labour Members they cannot vote for it.

To conclude, there are a range of measures that we support. We welcome their progress in the House, even when they are imperfect. However, the amendments we have proposed about the unduly lenient sentence scheme and victim impact statements are the right measures at the right time. I trust the Minister’s sincerity when she says that she wants to work on those issues, but I do not trust her Government and their ability to deliver on what they say that they will. MPs have been asked by their constituents to back the amendments and I hope that they do—there is no reason not to. I ask all MPs to support our amendments tonight.

Alex Davies-Jones Portrait Alex Davies-Jones
- Hansard - - - Excerpts

I rise to close what has been an excellent debate on the Victims and Courts Bill. As I said in my opening remarks, this House is at its best when we come together and rise above party politics, to put the interests of our constituents first, and that is exactly what we have done. I thank right hon. and hon. Members from across the House for the collaborative way in which they have engaged in the debate, as has been seen throughout the passage of the Bill. The Bill is about people: victims and survivors. The Bill has been created and drafted with them at its heart. It is about putting them back at the forefront of the justice system, where they belong, because without them we would have no justice system.

Turning to the amendments that have been proposed, I join the shadow Minister in thanking all the witnesses who gave evidence to the Bill Committee. They really helped to shape the Bill. It is because of their contribution and the strength of feeling of victims, as well as of right hon. and hon. Members in this place and the other place, that we have gone further in extending the measures in the Bill. When I and the Government hear the strength of feeling in the House, we are afraid to act. That is why I have committed at this Dispatch Box to going further again, looking at the unduly lenient sentence scheme and victim impact statements. It is right that the Law Commission is currently looking at the unduly lenient sentence scheme but, as I said in my opening remarks, I will be monitoring that closely as the Bill progresses in the other place. We are looking at how we can best support victims, so that they have representation when they feel that justice has not been fully served.

The shadow Minister and the hon. Member for Meriden and Solihull East (Saqib Bhatti)—I had the pleasure of meeting with his constituent—raised the four-year time limit. This is a novel measure, and I am grateful to Opposition Front Benchers for their support and for recognising that this is just the beginning. We will not fail to go further, following how this is implemented and the potential consequences for the family courts. This is just the start and if it works, the Government will act and go further, but we need to test this properly.

The hon. Member also asked whether the Bill will capture future children. I can confirm from the Dispatch Box that it will cover all children who exist at the time of sentencing for whom the perpetrator has parental responsibility. We cannot bind future children or children yet to be born. However, necessary safeguards will be in place through the family courts. Should that perpetrator come out of prison and go on to have other children, and should they be at risk, the normal route to strip parental responsibility in the family courts will still exist. Unfortunately, we are unable to bind future, hypothetical children, but this Bill will cover any children who exist at the point of sentencing for whom the perpetrator has parental responsibility.

Sam Carling Portrait Sam Carling (North West Cambridgeshire) (Lab)
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I really welcome this Government’s move to restrict the access of abusers to their children, in order to protect them. All too often, however, victims who are members of tightly knit, small religious groups are pressured to interact with their abuser when they get out of prison. Some religious leaders and organisations that I am aware of commonly tell victims that God has forgiven their abusers and they therefore need to do so as well. In some cases, I have seen those victims be ostracised or shunned if they refuse to engage. Does the Minister agree that the Government need to think about how we can seek to resolve that cultural problem in small religious groups?

Alex Davies-Jones Portrait Alex Davies-Jones
- Hansard - - - Excerpts

I thank my hon. Friend for that thoughtful intervention, and he is right. We need to get this right for all victims of all crimes—that includes intersectionality and vulnerable victims.

That point speaks to the heart of the amendments tabled by my hon. Friend the Member for Lowestoft (Jess Asato) in relation to by-and-for services and specialist support services. She mentioned Jewish support charities, and I am meeting Jewish Women’s Aid tomorrow to talk about how we can better support them. She is right that this has to be holistic and comprehensive, because one size does not fit all when it comes to victims of these crimes.

Saqib Bhatti Portrait Saqib Bhatti
- Hansard - - - Excerpts

I place on record once again my gratitude to the Minister for the time that she gave to meet with Bethan and her parents on this serious issue. The change that came about really does restore many people’s faith in what we do.

Alex Davies-Jones Portrait Alex Davies-Jones
- Hansard - - - Excerpts

I thank the hon. Gentleman again for his time and for his support in providing help to Bethan and her parents. Meeting them and hearing their story was a privilege, and it is in their name that we have gone further today in this Bill. It is for them and for all victims and survivors that we stand here to do more. As other Members have said this evening, the difference that being in government makes is that we can actually do those changes.

Let me come to some of the other amendments tabled. I welcome the Liberal Democrat spokesperson, the hon. Member for Chichester (Jess Brown-Fuller), to her place—this is the first time in the Chamber that we have had the opportunity to discuss issues of justice. I had a fantastic, collaborative relationship with her predecessor, and I look forward to continuing that as we work on these issues. She mentioned specifically the resource available for the helpline that will be set up to allow victims a direct route to provide information about their case, which is essential. We, too, are conscious of resources, and we will continue to monitor and refine the resource required for the helpline. Where possible, we will of course act if there is demand. We feel that currently resource there is needed, as is set out in the impact statement, but we will keep that under review and will not hesitate to act in the fiscal environment given.

The hon. Member for Chichester also mentioned new clause 7, about extending eligibility for the victim contact scheme. She will know that we have extended that eligibility in the Bill. Again, we will keep that under review if there is a need to expand it further and look at how we can best support victims.

The hon. Member for St Ives (Andrew George) mentioned the right to know in relation the victim contact scheme and the victims code. We will launch a consultation later this year on victim rights and the victims code, looking at exactly what should be in there and how best we can support victims. I encourage all victims, survivors and Members to feed into that. He knows that the door remains open for me to meet his constituent Tina Nash to discuss her issues at first hand and see how I can better support her and other vulnerable victims who are disabled throughout the process.

Andrew George Portrait Andrew George
- Hansard - - - Excerpts

I have discussed this issue with the Minister, and she knows about it because we have also corresponded on it. I know that my constituent would be enormously grateful to have an opportunity to meet her, and I am very grateful for her response.

Alex Davies-Jones Portrait Alex Davies-Jones
- Hansard - - - Excerpts

I look forward to meeting the hon. Gentleman and his constituent in due course to discuss the failings in the criminal justice system that led to her experience. No victim should go through what she did, and I stand ready to support her and improve the situation.

Let me turn to the amendment in the name of the hon. Member for Maidenhead (Mr Reynolds), which I touched on in my opening remarks. I know that my hon. Friend the Member for Rochester and Strood (Lauren Edwards), the Opposition Front Bench spokesperson, the hon. Member for Bexhill and Battle (Dr Mullan), and others in this Chamber spoke to that amendment. I know that many Members will have had horrifying casework in which families are stuck trying to differentiate between a language barrier and a different jurisdiction or legal system, all while trying to get answers on what has happened to their loved one. That is unacceptable.

I remain of the view that the victims code is not the right place for these victims to have that framework, because the victims code is based on the justice system in England and Wales. It does not apply, and it is not right. However, I am committed, and I have already met with the Minister in the Foreign, Commonwealth and Development Office, my hon. Friend the Member for Lincoln (Mr Falconer), to discuss the FCDO and the MOJ working together on how best we can support victims, and working with the Victims’ Commissioner and the charity Murdered Abroad on creating the dedicated framework and guidance on what victims in this country can expect.

Lola McEvoy Portrait Lola McEvoy (Darlington) (Lab)
- Hansard - - - Excerpts

I thank my hon. Friend for giving way in a crucial part of her speech. In the work that she is doing, I implore her to remember my constituent, whose sister Rita Roberts was brutally murdered in 1992 and not formally identified until 2023. Rita has still not had justice, as she was murdered abroad, and her family are desperate for any support that the Minister can give.

Alex Davies-Jones Portrait Alex Davies-Jones
- Hansard - - - Excerpts

I thank my hon. Friend for raising that case. It is a horrific case that I know all too well, because the previous Member for Cardiff West, who is now in the other place, raised it previously and sought to support Rita’s family. I will seek to support them in any way I can and will work with the FCDO, because justice delayed is justice denied for anyone, regardless of where they are. I make the commitment to the hon. Member for Maidenhead that we will find the right way forward to support these families, but I do not believe that his amendment is the right one, so I implore him to withdraw it.

I turn to my hon. Friend the Member for Bristol East (Kerry McCarthy), who is right: these are invisible children and we must do more to protect them. This is not just about identifying them and their parents, who are the perpetrators; it is about supporting those children and better identifying them, and I make that commitment to her. She asked me directly about how we are going to do this. The Minister responsible for sentencing and the Children’s Minister have met to discuss this issue and held a roundtable with organisations to look at the best way of doing this, and I will impress on them my hon. Friend’s desire for them to move quickly and involve her in how best to bring this forward.

I will discuss the amendments on restorative justice tabled by the hon. Member for Wimbledon (Mr Kohler). I encourage all Members of this place to go and see the play “Punch”, which is outstanding—it is probably the best example of restorative justice that anyone can see. Restorative justice is not right for every victim and will not work for everyone; it needs consent from both the victim and the perpetrator. It will not be right for every crime, but in certain crimes it is appropriate and can provide better victim outcomes and lower reoffending rates. The Prisons Minister and the new Secretary of State are passionate believers in that. We are looking closely at this issue as a Department and will continue to work with the hon. Gentleman to see how best we can bring out restorative justice programmes across the Ministry of Justice.

I come to my hon. Friend the Member for Forest of Dean (Matt Bishop). I think we have already discussed his commitment to these victims and families for justice, and I pay tribute to him. I am committed to working further on the unduly lenient sentencing scheme to ensure that victims have the right to redress and to complain in an appropriate time, and that the victim impact statements are fit for purpose and represent that victim’s voice. For Katie Brett, the Youens family and all those who feel that they have been silenced, I make that commitment today. We also need that clarity in sentencing and transparency on what a sentence actually is, and I wholeheartedly agree with my hon. Friend.

My hon. Friends the Members for Lowestoft and for Calder Valley (Josh Fenton-Glynn) talked about the need for vital support services, and they are right. Without the vital support services that support victims and survivors, we do not have victims and survivors engaged in a criminal justice system. There needs to be a multi-year settlement—my hon. Friend the Member for Lowestoft mentioned that as well—to ensure that they are sustainable, effective and there to support victims.

Those organisations know that we are currently going through the financial allocations process in the Ministry of Justice. We are due to complete that process very soon, because I know that these vital organisations need certainty as to the sustainability of their future, and I have committed to them that I will provide it soon. I also hear their calls for more support for child victims. Again, that is something I will be looking at as part of the consultation on the victims code later this year, because although we have identified that children can be victims in their own right, there is little to support them, and they deserve support too. I am committed to working with my hon. Friend the Member for Lowestoft and other hon. Members to get this right.

My hon. Friend the Member for Rotherham (Sarah Champion) and I have spoken many times about the efficiency and effectiveness of the criminal injuries compensation scheme. Change in this area cannot be piecemeal; we need proper change if victims are to be supported, if they are to have redress, and if they are to have the recognition that they so vitally need—that something has happened to them, and that they are a victim. As my hon. Friend mentioned, there is discretion in the scheme. There are many reasons for that, but she is right that the scheme does not work. We have heard that time and again, and I am committed to working with her to determine what scheme should be in place to support victims and survivors. I want to hear from them directly, and I am also keen to hear from Quebec—which my hon. Friend mentioned—about how the scheme there operates. If we can learn about best practice internationally, we should do so. But most importantly, we need an effective and sustainable redress scheme for victims of violent crime.

Finally, I wish to pay tribute, as others have done, to my hon. Friends the Members for Penistone and Stocksbridge (Dr Tidball), for Bolsover (Natalie Fleet) and for Lowestoft, and to every single Member in this place who has stood up and discussed the need for change through this Bill. They have spoken from their hearts. They have spoken with bravery and with lived experience about what is needed to support victims and survivors. Never let anyone tell you that having a Labour Government does not make a difference. What is the difference? It is delivering for victims—deeds, not words. That is what we are doing in this Chamber this evening. We are making that difference, delivering for Claire Throssell, Jan Mustafa, Sabina Nessa, Olivia Pratt-Korbel, and the countless other victims who have been failed by the criminal justice system. That is the difference a Labour Government makes. I commend this Bill to the House.

Question put and agreed to.

New clause 13 accordingly read a Second time, and added to the Bill.

New Clause 14

Restriction of parental responsibility for child conceived as a result of rape

“After section 10D of the Children Act 1989 (review of orders made under section 10C) (inserted by section 3) insert—

“10E Duty to make prohibited steps order following rape

(1) This section applies where the Crown Court—

(a) sentences a person (‘the offender’) for an offence under section 1 of the Sexual Offences Act 2003 (rape), and

(b) is satisfied that a child (‘the child’) for whom the offender has parental responsibility was conceived as a result of the rape.

(2) The Crown Court must make a prohibited steps order when sentencing the offender.

(3) The order must—

(a) specify that no step of any kind which could be taken by a parent in meeting their parental responsibility for a child may be taken by the offender with respect to the child without the consent of the High Court or the family court, and

(b) be made to have effect until the order is varied or discharged by the High Court or the family court.

(4) But the Crown Court must not make a prohibited steps order under this section if—

(a) making the order is prohibited by section 29(3) of the Adoption and Children Act 2002,

(b) a prohibited steps order is already in force that meets the requirements in subsection (3), or

(c) it appears to the Crown Court that it would not be in the interests of justice to do so.

(5) A prohibited steps order made under this section does not cease to have effect if the offender is acquitted of the offence on appeal, but see section 10G.

(6) Sections 1, 7 and 11 do not apply where the Crown Court proceeds under this section.

(7) A prohibited steps order made under this section is to be treated for the purposes of section 31F(6) of the Matrimonial and Family Proceedings Act 1984 (proceedings and decisions) as if it were made by the family court.

(8) The Crown Court does not have jurisdiction to entertain any proceedings in connection with the enforcement of a prohibited steps order made under this section.

(9) A reference in this Act to an order under this section includes, so far as the context permits, an order varying or discharging it.

10F Duty to apply to court where child may have been conceived as a result of rape

(1) This section applies where—

(a) the Crown Court sentences a person (‘the offender’) for an offence under section 1 of the Sexual Offences Act 2003 (rape),

(b) the Crown Court is satisfied that there is a child (‘the child’) for whom the offender has parental responsibility,

(c) the Crown Court considers that the child may have been conceived as a result of the rape, and

(d) section 10E does not apply.

(2) The Crown Court must notify the local authority that is the relevant local authority at the time the offender is sentenced (if any) of the matters set out in subsection (1).

(3) The notification under subsection (2) must be given before the end of the period of 30 days beginning with the day after the day on which the offender is sentenced.

(4) Before the end of the period of six months beginning with the day after the day on which the Crown Court notifies the local authority under subsection (2), the local authority must make enquiries into whether—

(a) the victim of the rape, or

(b) if the victim is deceased, any person with parental responsibility for the child other than the offender,

consents to an application being made to the court (see section 92(7)) for the court to determine whether to make a section 8 order.

(5) If consent is given, the local authority must make that application as soon as is reasonably practicable and in any event before the end of the period of 30 days beginning with the day after the day on which the consent is given.

(6) Subsections (4) and (5) do not apply if the local authority is satisfied that the court would not have jurisdiction to make a section 8 order (see sections 2 and 3 of the Family Law Act 1986).

(7) The Secretary of State may by regulations amend the periods specified in subsections (3), (4) and (5).

(8) In this section, ‘relevant local authority’ means—

(a) where the child is ordinarily resident within the area of a local authority in England or Wales, that local authority;

(b) where the child does not fall within paragraph (a) but is present within the area of a local authority in England or Wales, that local authority.

10G Review of orders made under section 10E or following an application under section 10F

(1) This section applies where—

(a) either—

(i) a prohibited steps order has been made under section 10E, or

(ii) an order under Part II has been made following an application under section 10F, and

(b) the offender is acquitted of the offence following an appeal.

(2) The local authority that is the relevant local authority at the time the verdict of acquittal is entered (if any) must make an application to the court (see section 92(7)) to review the order.

(3) An application under this section must be made as soon as is reasonably practicable and in any event before the end of the period of 30 days beginning with the day after the day on which the verdict of acquittal was entered.

(4) The Secretary of State may by regulations amend the period specified in subsection (3).

(5) In this section, ‘relevant local authority’ means—

(a) where the child with respect to whom the order was made is ordinarily resident within the area of a local authority in England or Wales, that local authority;

(b) where the child with respect to whom the order was made does not fall within paragraph (a) but is present within the area of a local authority in England or Wales, that local authority.””—(Alex Davies-Jones.)

This new clause, to be inserted after clause 3, requires the Crown Court to restrict the parental responsibility of a person convicted of rape where a child was conceived as a result. If it is unclear whether the child was so conceived, the local authority must apply to the family court.

Brought up, read the First and Second time, and added to the Bill.

New Clause 4

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.”—(Dr Mullan.)

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.

Question put, That the clause be read a Second time.

--- Later in debate ---
20:12

Division 325

Ayes: 152

Noes: 337

New Clause 7
--- Later in debate ---
20:27

Division 326

Ayes: 165

Noes: 323

New Clause 12
--- Later in debate ---
20:39

Division 327

Ayes: 166

Noes: 322

Clause 3
--- Later in debate ---
20:51

Division 328

Ayes: 153

Noes: 332

Third Reading
Alex Davies-Jones Portrait Alex Davies-Jones
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I beg to move, That the Bill be now read the Third time.

I begin by placing on the record my thanks to the Whips, the Parliamentary Business and Legislation Committee and all the brilliant, dedicated officials at the Ministry of Justice who have worked so hard to bring this legislation forward. Particular thanks go to Rachel Bennion, Hayley Newell and Cassie Blower. I also pay tribute to London Victims Commissioner Claire Waxman and Victims Commissioner Baroness Newlove in the other place, as well as Domestic Abuse Commissioner Dame Nicole Jacobs. I thank all right hon. and hon. Members across the House for their thoughtful contributions so far. They have all helped to shape this Bill, which will strengthen our justice system and make it one that is more responsive to victims, tackles delays in our criminal courts and delivers swifter and fairer justice.

When the Government took office in July last year, we inherited a justice system in utter crisis, with record and rising backlogs in the criminal courts delaying justice for too many people and victims more likely to be an afterthought than an important, integral part of the process. Reform of the system is essential, and this legislation will mark that significant step forward, but I have been clear that this is just the beginning.

The Bill at its core is about transforming the experience of victims throughout the criminal justice system. It will introduce measures to ensure that victims are heard, supported and treated with the dignity they deserve, and it will improve the efficiency and fairness of our courts.

Andy Slaughter Portrait Andy Slaughter (Hammersmith and Chiswick) (Lab)
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May I congratulate my hon. Friend on piloting the Bill through the House? It is an excellent piece of legislation that will make a real difference to victims. But, as she said, it is just a start. Will she and the Department rededicate themselves to bringing down that Crown court backlog? Speedy justice is what victims want.

Alex Davies-Jones Portrait Alex Davies-Jones
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Absolutely. I thank my hon. Friend the Chair of the Justice Committee for holding our feet to the fire as a Government to ensure that we bear down on that backlog. The Minister of State, my hon. and learned Friend the Member for Finchley and Golders Green (Sarah Sackman), is ensuring that we deliver for victims by bringing down that backlog, with record investment in our court system, record sitting days and looking at the reforms brought forward and the recommendations of Sir Brian Leveson in his once-in-a-generation review. It is only when we get on top of that court backlog that justice can be delivered and victims will feel it has been done.

The Bill is a key part of the Government’s plan for change. It will deliver on many of our manifesto commitments to support and protect victims, restore confidence in our justice system and implement that swifter and fairer justice. I urge all hon. Members on both sides of the House to support its passage into law. I proudly commend the Bill to the House.