(1 day, 9 hours ago)
Commons ChamberRead Hansard Text Watch Debate Read Debate Ministerial Extracts
Madam Deputy Speaker (Judith Cummins)
I must draw the attention of the House to the fact that Lords amendments 4B and 4C engage Commons financial privilege. If either of those Lords amendments is agreed to, I will cause the customary entry waiving Commons financial privilege to be entered in the Journal.
Clause 12
Private prosecutions: regulations about costs payable out of central funds
The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)
I beg to move, That this House disagrees with Lords amendments 4B and 4C.
Madam Deputy Speaker
With this it will be convenient to discuss:
Government amendment (a) in lieu of Lords amendments 4B and 4C.
Lords amendments 5B, 5C, 5D, 5E and 5F.
Lords amendments 6B and 6C.
Alex Davies-Jones
I am grateful once again to have the opportunity to speak on the Victims and Courts Bill. As I have said previously in this House, this is fundamentally a Bill for victims. Throughout the Bill’s passage, we have heard the experiences and views of victims and bereaved families and we have listened. I know for that fact that the Bill is now stronger because of this.
I am sure the whole House will join me in paying tribute to some of the victims’ campaigners who have been so instrumental in this Bill, some of whom are joining us in the Gallery today. First, I say to the families of Olivia Pratt-Korbel, Jan Mustafa, Zara Aleena and Sabina Nessa: I know that nothing will ever lessen the pain of such an immense loss, followed by the indescribable trauma of an offender who would not face you and would not face justice. We owe you a debt of thanks for your courage and fortitude in campaigning to ensure that offenders will always be forced to attend their sentencing hearings, and that offenders that refuse to attend are quite rightly punished appropriately. Thanks to you, criminals will never be allowed to hide away from justice, and you have ensured that others should never have to face what you have had to endure. This measure in the Bill is brought forward in the memories of Olivia, Zara, Sabina and Jan.
Secondly, I would like to pay tribute to Tracey Hanson and Katie Brett, who have worked tirelessly to ensure that no other family should experience the injustices that they faced due to not being informed about the unduly lenient sentence scheme. Tracey Hanson’s son Josh was tragically murdered in an unprovoked knife attack in 2015. Since that devastating loss, Tracey has shown extraordinary strength and compassion, continuing to advocate for and support other victims through her charity, the Josh Hanson Trust. In relation to the ULS scheme in particular, Tracey has campaigned for more than a decade, working closely with academics and fellow bereaved families to bring forward this change in the law. She held a strong and unwavering belief that it could not be right for her request to the Attorney General to be dismissed so abruptly, with nothing more than a “case closed” response.
Sir Ashley Fox (Bridgwater) (Con)
The Minister might remember that, in a debate on these amendments on 25 March, she and I had an exchange in which I described the very long explanation that she had given as a “load of waffle”, and she replied:
“We have listened directly to the families about what they want. We could have brought forward an amendment that simply extended the time limit, but the families told us directly that that was not what they wanted.”—[Official Report, 25 March 2026; Vol. 783, c. 332.]
The amendment to extend the period to 180 days is very welcome, but when the Minister said on 25 March that that was not what the families wanted, was she inadvertently misleading the House?
Alex Davies-Jones
I welcome the hon. Gentleman’s comments. I was not inadvertently misleading the House; if he looks at the details of Lords amendment 5C, he will see that that is not what it does. The amendment does not simply extend the time limit—it does much more—and it does not extend the time limit for everyone. As I will explain in my comments, this amendment is for the families and for the victims directly. It is not for everyone, as was proposed by the Opposition. This amendment does not just do what the Opposition’s amendment would have done, as Tracey Hanson said in her own words; it does much more with respect to its application, and it is for the bereaved families and victims directly. There is also a statutory duty in this group of amendments to directly inform victims and their families about the ULS scheme, so that they are aware of it in the first place.
Dr Kieran Mullan (Bexhill and Battle) (Con)
There will be some back and forth about who wants what elements of this scheme and in what ways, but I think the Minister was wrong to say that our focus was on it being for everybody. I have been clear from the start that our focus was also on extending the provision for victims and their families, and not for everybody.
Alex Davies-Jones
I appreciate that clarification. The hon. Gentleman is correct, but Lords amendment 5C does much more than that, through listening to victims campaigners such as Tracey Hanson and Katie Brett directly. The measure is a direct tribute to them, because for them the status quo was neither fair nor acceptable.
I would also like to extend my sincere thanks and gratitude to Katie Brett. Katie, your commitment and courage in campaigning in memory of your sister Sasha has been truly remarkable. I do not need to remind the House that Sasha was brutally murdered at the age of just 16, and since that devastating loss, Katie has worked tirelessly to ensure that the families of victims have the right to be informed about the ULS scheme and that, where they are not told, they are given a fair opportunity to make a request to the Attorney General beyond the 28 day limit. I have felt privileged to get to know you all over the course of this Bill.
Before I turn to the motions that we will debate today, I would also like to thank those who have contributed to recent debates on amendments related to homicides abroad and court transcripts. I thank Members across this House and in the other place for the thoughtful way in which they have engaged with those issues. I pay particular tribute to the hon. Member for Maidenhead (Mr Reynolds), who has campaigned to ensure that support is available for families bereaved by homicide abroad as they navigate such tragic events. In the other place, the Government committed to working jointly with the Foreign, Commonwealth and Development Office, and the Home Office, to undertake a review of how support is provided to those families and to assess how current arrangements are operating.
Chris Vince (Harlow) (Lab/Co-op)
I apologise to the hon. Member for Strangford (Jim Shannon), because I have just beat him to an intervention. Can I put on the record my thanks to the Minister for her work on this Bill? Whether we agree on different parts of the Bill, nobody in this Chamber or the other place could fail to recognise her personal commitment to ensuring that victims are at its heart. Could I ask her to mention the victims code and what she has done to make it easier to navigate for victims of crime?
Alex Davies-Jones
I thank my hon. Friend for his intervention. This Bill goes beyond party politics; this is a Bill, as I have said, for victims. It has been a sincere pleasure to work across political divides to get this right for victims, who are rightly at the heart of the Bill. I have always stated that I will work with anyone from any party if they have any measure that could make the criminal justice system a better place for victims, so that we start to put victims at its heart. The Bill does exactly that: it takes a step towards putting victims back at the heart of the criminal justice system, where they fundamentally belong.
Jim Shannon (Strangford) (DUP)
No one doubts the Minister’s commitment, honesty and integrity. But can I gently remind her that my right hon. Friend the Member for East Antrim (Sammy Wilson) outlined the issue of the glorification of terrorism in relation to this Bill? He raised the issue of children wearing IRA slogans. Just last Saturday, I met a lady whose husband was murdered by the IRA on 9 April 1990. She reminded me that, in Northern Ireland, when she went to visit the memorial for her dead husband who was murdered 36 years ago, she faced slogans against her, like “Up the ’RA”, when she was trying to think of her husband. We need things in this legislation to protect against that. We cannot let people take advantage of others’ sorrow and not recognise that they are grieving, by bringing up the past and trying to glorify terrorism, which murders people and destroys lives.
Alex Davies-Jones
I welcome the hon. Gentleman’s intervention. He will know that my family have also faced tragedy and bereavement at the hands of the IRA. My cousin was killed on Horse Guards Parade serving this country by a serving member of the IRA, and that issue has plagued my family for decades and still hurts to this very day. I have spoken about that tragedy and bereavement in the Chamber before. He will know that the victims code is still open for consultation until the end of this month, and I urge anyone who has such feelings of pain to feed into that to enable us to make the code better for victims. The Policing Minister will have heard his views and the views of other victims on how we can support victims of terrorism. I have met families bereaved by terrorism to work with them on what more we can do, and they will be feeding into the victims code.
That brings me on to the point made by my hon. Friend the Member for Harlow (Chris Vince) about the victims code. I have spoken before about ensuring that those bereaved by homicide abroad have rights under the code; although it is not necessarily the right place, we have listened to them and ensured that there is a specific measure for them in the draft consultation. We are working with the FCDO and the Home Office to ensure that that can be strengthened so that support is available for them. The review will be published in 2027. It will be robust and comprehensive, and will put families at the centre, so that we can improve the support available to them where it is needed.
On court transcripts, I thank Liberal Democrat and Labour Members, including my hon. Friends the Members for Warrington North (Charlotte Nichols) and for Rotherham (Sarah Champion), for all the work they have done on ensuring that victims have access to court transcripts that relate to their cases. As the Minister set out in the other place last week, the Government are acutely aware of the need to consider what further action we can take to support victims to access information on court proceedings relating to their case, particularly in cases that do not result in a conviction. The Government are also fully committed to strengthening transparency. That is why I am pleased to restate that the Government are commencing a study on AI transcription in the criminal courts. That will look at how AI transcription could lead to producing court transcripts more quickly and at a lower cost for victims. The findings of that study have the potential to reduce fees and improve access to court transcripts. This will mean that further reform will be underpinned by confidence in accuracy, as well as appropriate safeguards, and that it will deliver for victims.
I will now move on to the remaining topics for discussion. The Government have agreed with the sentiment of the amendments to the unduly lenient sentence scheme but, as I have said previously, we needed to return to those to ensure that they were workable and effective and would bring the change necessary, following direct engagement with victims and bereaved families. That is what we have done, and I am pleased to confirm that we have now tabled two amendments to the ULS scheme that will deliver what victims have been calling for.
Several hon. Members rose—
Madam Deputy Speaker (Judith Cummins)
Order. Before I call the shadow Minister, Members may wish to refresh their memories. According to the rules of behaviour and courtesies in the House of Commons, we must never directly address visitors in the Public Gallery.
Dr Mullan
It is a pleasure to take part in this debate on the Lords message on the Victims and Courts Bill.
The Bill has been debated extensively in the other place. I thank the Lords for their care and consideration in trying to improve it, as we tried to do in the Commons. Members will know that, when the Bill was last in this House, we were sadly defeated by Labour MPs on a number of provisions relating to court transcripts, the victims code and the unduly lenient sentence scheme. Since then, the Lords have done a good job in securing concessions from the Government, including an agreement that there should be a clearer and more defined set of rights for victims of homicide abroad, which the Minister mentioned.
Although it is not the subject of the debate, I join the Minister in acknowledging the campaigning by the relatives and MPs of Olivia, Zara, Sabina and Jan, which we have discussed a number of times in the Chamber as we passed specific amendments.
Today we are considering two remaining provisions added in the Lords. I begin with the Government amendment in lieu of the Lords amendments on the unduly lenient sentence scheme. Many Members of this House will be familiar with the ULS and will have used it themselves. Anyone, including a victim, a relative of a victim or a member of the public, can ask the Attorney General to consider whether a sentence should be referred to the Court of Appeal as being unduly lenient. If the Attorney General considers that it might be, they refer it to the Court of Appeal for review. However, there is a strict 28-day limit within which the Attorney General is able to refer a sentence to the Court of Appeal—and, by extension, a 28-day limit within which the victim or a member of the public can refer the case. If the Court of Appeal finds that the sentence is unduly lenient, it may alter the sentence or substitute it for another.
I have used the scheme on occasions when I have considered sentences to be unduly lenient, including, most recently, in relation to the horrific murder of Alana Odysseos, who was murdered by her boyfriend, Shaine March. He stabbed her 19 times when she refused to have an abortion. Despite having been convicted of murder and released on parole for that offence, when he committed this second murder, he was given a second life sentence—a term that is increasingly unfit for purpose—with the prospect of leaving prison again. That was plainly wrong, and after I referred his case to the scheme, his sentence was overturned and replaced with a whole-life order, meaning that he will never be released. I have had the pleasure of speaking with Alana’s sister, Jasmine. She has told me of the importance of that outcome, which means that Mr March is serving a sentence that reflects the gravity of his crime. That demonstrates how effective the scheme can be in certain circumstances, but it does not always operate as we might want it to.
I have had the privilege of being able to meet and work with a number of victims and their families. They explained to me clearly the pitfalls in the scheme, and drew particular comparisons between the rights and privileges of the criminals and those of victims and the bereaved, in relation both to awareness and notification of the scheme and to the time available to use it. MPs and others can refer cases to the scheme, but those most likely to have an interest in making a referral or appealing a sentence are the victims or their families, and they do not always know about the scheme.
There is not much point in people having a right if they are not told about it. The Government have agreed to a statutory duty to notify victims of the existence of the unduly lenient sentence scheme, which will mean that victims and bereaved families can easily find clear information about the ULS and about their rights in the victims code. Will the Minister clarify which body she envisages will have responsibility for that? It is important that we have some kind of plan to ensure that notification is working. I am sure that the various bodies involved would say that they like to think that everybody is told about it, but that is not the case, so how do the Government plan to ensure that whoever is given that job follows through on it?
My hon. Friend the Member for Bridgwater (Sir Ashley Fox), who is no longer in his place, spoke about what the Government did or did not agree to. The Government’s original plan for the ULS in the Bill was not to give victims more time, but to give themselves more time. It was not on their radar, in any way, shape or form, to extend the time available to victims and their families. When we sought to amend the Bill in that respect, we were told that it was not possible and that we would have to wait for the findings of the Law Commission’s review of criminal appeals. I think the Minister must now accept that that was not true—as we knew at the time—because here we are making amendments before those findings are published.
I do welcome the amendments, however. I pay tribute to those I have worked with directly, many of whom the Minister has mentioned. I have worked closely on this issue with Katie Brett from the campaign group Justice for Victims. I pay tribute to her MP, the hon. Member for Blackpool North and Fleetwood (Lorraine Beavers), who made a particularly powerful and effective speech on this matter last time it was before this House. She has been very effective behind the scenes in driving forward this change.
Katie’s sister, Sasha, was murdered in 2013. This is difficult to talk about, but it is the reality of what people are going through. Aged just 16, Sasha was raped and stabbed more than 100 times, and her body was set on fire. Katie and her family believed that Sasha’s killer met the existing criteria for a whole-life order, but he was given only a minimum sentence of 35 years. In reality, that meant that there was every possibility that he would end up getting out of prison. Despite all Katie’s amazing work on this issue, the scheme is not retrospective, which is something the family will have to accept.
Katie was so upset about being unable to successfully appeal the sentence that she collected more than 10,000 signatures on a petition to remove the 28-day limit for appeals.
The way that Katie described the situation has always stuck with me, and I have used it in discussions with Ministers and others. She said that 28 days is the amount of time we have to take something back to a shop. Someone has the same amount of time to decide whether or not they like a top that they have bought. How can we have the same test for something so serious? That measure was a cross-party one—we did not amend it when we were in government.
I also met Ayse Hussein, another member of Justice for Victims, who campaigns on behalf of her cousin, Jan Mustafa. Jan’s killer had raped, tortured and imprisoned various girls and young women. He murdered Henriett Szucs and Jan and hid their bodies in a freezer, one of top of the other. He did not receive a whole-life sentence and may leave prison one day. Again, Ayse and her family never knew anything about the scheme.
I have also had the pleasure of meeting Lauren Redmond, who lost her ability to appeal a sentence purely because of errors made by the Crown Prosecution Service. When a request to appeal the sentence was placed, the Attorney General’s office asked for the relevant files. The CPS sent the wrong date to the Government, who then worked towards an incorrect timetable. As a result, Lauren was denied the right to appeal.
I have also had the opportunity to meet Tracey Hanson. You have given us guidance on addressing visitors in the Public Gallery, Madam Deputy Speaker, but the Minister has already done it for us. Tracey has campaigned for many years on this issue, and works on victims’ behalf more generally through the Josh Hanson Trust, which is named after her son. I know that she has been supported by the Victims’ Commissioner in that work. As the Minister said, Joshua was 21 when he was murdered in an unprovoked knife attack. Tracey and I have not always seen eye to eye on exactly how the scheme should be reformed, but that in no way diminishes the incredibly vital role that she has played over many years in campaigning for improvements to the scheme. I pay tribute to my hon. Friend the Member for Mid Bedfordshire (Blake Stephenson), who has done a great job of advocating and lobbying on Tracey’s behalf.
I am glad that the Government have been persuaded to act. They will now allow up to six months for victims and their families to make use of the scheme in certain circumstances. I want to allow space for Katie and Tracey’s words on those changes. Katie said:
“It’s a relief that, in Sasha’s memory, victims and their families will have 6 months to challenge an unduly lenient sentence, and the new legal duty to be notified means every family will know their rights to be able to do so. No family should ever be left in the dark like we were, every victim deserves support. We’re grateful these steps are being taken to redress the balance that so often feels weighted against victims.”
Tracey said:
“After…years of relentless campaigning through the Josh Hanson Trust, this is a significant and long-awaited victory for victims’ rights. Following our extensive advocacy, the Government has agreed to transformative amendments to the Unduly Lenient Sentence (ULS) scheme. These changes represent a hard-fought victory in ensuring that families are no longer left in the dark or rushed through a traumatising process during the most painful moments of their lives. These reforms are a testament to Josh’s memory and the passion and dedication of everyone who stood with the Josh Hanson Trust. We have moved forward, but the fight for full equality in the eyes of the law continues.”
Several hon. Members rose—
Madam Deputy Speaker (Judith Cummins)
Order. With the exception of the remaining Front-Bench speech, I am introducing an immediate six-minute time limit.
Lorraine Beavers (Blackpool North and Fleetwood) (Lab)
I stand here today proud of my constituent Katie Brett, who joins us in the Gallery. These changes to the unduly lenient sentence scheme are being brought forward because of her campaigning, following the most traumatic ordeal for her and her family, and I am proud to welcome the fact that this Labour Government have listened and acted.
For too long, victims and bereaved families felt that the justice system was not on their side. Measures to force offenders to attend sentencing hearings are right. Families should not be denied the chance to see justice simply because an offender refuses to face up to what they have done. The stronger protections for children, especially in cases of sexual violence, are also badly needed, but I want specifically to welcome the changes that the Government are proposing to the unduly lenient sentence scheme.
Katie’s little sister, Sasha Marsden, was just 16 years old when she was brutally murdered, raped and set on fire. It was a crime as horrific and evil as it is possible to imagine, and the pain her family have lived with ever since is something most of us cannot even imagine. After everything they had already been through, Katie and her family then faced another injustice: they had only 28 days to challenge the sentence, and they were not even told that they had the right to do so. That was so very wrong. A trial like that would be deeply traumatic for any family. In Sasha’s case, her family heard all the awful details of what she had endured in the final moments of her young and precious life, and no one in that position is ready, within a matter of days, to get to grips with a complex legal process and start to fight again.
Twenty-eight days is not long enough. It is not a real right for any family; it is a barrier. That is why Katie has shown extraordinary courage. Through her campaign for Sasha’s law, she has spoken not only for her own family, but for many others who felt shut out by the system. Katie’s campaign was clear: more time for bereaved families and victims to challenge sentences that they believe are unduly lenient, and clear information so they know that that right exists in the first place.
I am pleased that this Labour Government have heard the arguments and are acting to put things right. They have listened to campaigners and to families. I thank the Minister for her constructive engagement to ensure that the Government get the change right, and for ensuring that victims have been listened to at every stage of the process. This change will make a real difference to people at the worst moment of their lives. Crucially, the injustice that Katie suffered would not have happened had these changes been in place. It shows what the Government can do when we put victims first, and when we believe that justice must be matched by decency and compassion. The justice system should reflect the reality of trauma, grief and loss.
Finally, I want to place on the record how proud I am that I played a small part in helping Katie make today happen, and to thank the Government for listening. Twenty-eight days was not enough. Victims and bereaved families must be properly informed, and a better system is being brought forward as a result. For Katie Brett, for Sasha Marsden, and for so many other families, the changes will not remove the grief, but they will make the system fairer, more humane and more just. There is of course always work to do on the criminal justice system, but victims should not have fewer rights than perpetrators. These changes go some way to correct that injustice, and I will be proud to vote for them today.
Jess Brown-Fuller (Chichester) (LD)
I begin by thanking Members from across both Chambers for their work in getting this legislation to where it is today. I especially thank the Government for their engagement with me and my colleagues in the Lords, in particular the Minister, who I have met multiple times to discuss various issues in the Bill.
A key cornerstone of our justice system must 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 will happen only by putting their voices at the heart of the justice system, ensuring that justice is served quickly, with properly funded support, protection from perpetrators and rehabilitation of offenders to reduce reoffending. There are countless examples of that failing to happen, which is why the Liberal Democrats have welcomed the intention of and many of the measures in the Bill.
We are pleased with the Government’s commitment to undertake a study into the use of AI transcription in criminal courts in order to explore whether that can reduce both the costs and time involved in the provision of transcripts to victims. My colleague Baroness Brinton in the other place and I have both tabled amendments to the Bill aimed at expanding the provision of transcripts for victims at various stages, in part inspired by the tireless work of my hon. Friend the Member for Richmond Park (Sarah Olney), who I thank once again.
It should never be the case that victims, many of whom might not have even been in the court room to hear the sentence handed down, are asked to pay thousands of pounds to access their transcript. The opposing argument to our amendments is about the costs of redaction in producing the transcripts, but it is clear that there are technological solutions in today’s age and we therefore welcome the Government’s recognition that more action is needed. We will continue to push for greater provision of free transcripts in the Courts and Tribunals Bill, which is currently in Committee.
I thank the Government for their commitment to review the provision of service to families whose relatives have been murdered abroad. That follows an exemplary amendment first tabled by my hon. Friend the Member for Maidenhead (Mr Reynolds) due to issues faced by one of his constituents. The provision of supporting information for families going through those horrific circumstances clearly has some issues, but the commitment in the other place to a joint review into those provisions between the Ministry of Justice and the Foreign, Commonwealth and Development Office is welcome. We look forward to the result of that review, at which point we will consult with victims’ groups in ensuring that the provisions work satisfactorily.
I will take the opportunity to mention to the Minister again that, as she will be aware, the Murdered Abroad annual conference is on 13 June and I know that the organisers—
Jess Brown-Fuller
I am pleased to hear that the Minister will be attending because I know that the organisers were keen to engage with her so that they can continue to see progress.
I turn now to Lords amendments 5B, 5C, 5D, 5E, 5F, 6B and 6C, all of which impact the unduly lenient scheme. Again, I thank Baroness Brinton in the other place for her tireless work on these amendments with the Government, and the late Helen Newlove, the Victims’ Commissioner, and the Victims’ Commissioner for London. I also want to specifically pay tribute to the bravery of Tracey Hanson and Katie Brett, whose campaigns on these issues, in the light of their own families’ experiences, have no doubt played a pivotal part in the Government’s commitment to these amendments.
Tracey going through the trial of the murder of her own son, Josh, with no knowledge of the unduly lenient scheme, is exactly the example that I hope these amendments will address and are testament to her tireless efforts and the memory of her son. As the hon. Member for Blackpool North and Fleetwood (Lorraine Beavers) so eloquently expressed, Katie’s tireless campaigning for her sister, Sasha, is an extraordinary example of someone fighting an injustice not for themselves, but for others in the future who may suffer a similar loss. In particular, amendments 5B, 5C, 5D, 5E and 5F allow out-of-time applications to be made up to six months after sentencing. That is vital for families who are unaware of the scheme who did not submit an application prior to the 28-day limit and will benefit many who experience the same heartache and pain as Tracey.
The Government’s provision in amendments 6B and 6C of a statutory duty for victims to be informed of the unduly lenient scheme is vital, and should provide victims with a clearer picture of the options that they are entitled to following sentencing. The Minister was right to say that many of the campaigners have not just asked for an extension; it is about victims knowing what is available to them and ensuring that there is a mandatory commitment that they are told that the scheme is an option available to them after sentencing. I am grateful to the Minister for meeting me recently and then coming forward with these amendments, and we are pleased to support them.
Finally, I turn to Lords amendments 4B and 4C regarding private prosecutions. I am sure many across the House will agree that the ability for criminal prosecutions to be brought forward outside of the regular processes of the authorities, providing an alternative method for charities and commercial organisations, is essential in delivering justice for many victims whose cases have not been taken on by the state. That is especially pertinent against the backdrop of stretched resources facing the police and the Crown Prosecution Service.
Madam Deputy Speaker (Judith Cummins)
With an immediate five-minute time limit, I call Anneliese Midgley.
Anneliese Midgley (Knowsley) (Lab)
I want to focus on one of the flagship measures in the Bill: clause 1, headed “Power to compel attendance at sentencing hearing”. This law has been fought for—and will today be won—by my constituent Cheryl Korbel. It will compel convicted criminals to attend their sentencing hearings, and will ensure that there are meaningful consequences if they refuse. Where I am from, we call it Olivia’s law. For me, today is all about Olivia, Cheryl, and Antonia, her cousin.
This has been some journey for Cheryl—one that began in unimaginable circumstances. Cheryl’s daughter Olivia was nine years old when she was murdered in her own home by a stranger with a gun in August 2022. The murderer, Thomas Cashman, fired a bullet through the door of Olivia’s home. It passed through Cheryl’s wrist before hitting Olivia in the chest and ending her life. To lose a child to murder in your own home, while you are trying to protect them, is a burden no parent should ever be asked to bear, but Olivia’s murderer remained in his cell, and refused to face the court, to hear Cheryl’s words, or to look her in the eye. It was the act of a coward. Since then, Cheryl has been fighting for that injustice to end.
I first met Cheryl and Antonia when they came to my first surgery as their MP. Since that day, we have stood side by side. We have worked to turn this campaign into law. We raised the matter with Ministers, and took it to the Prime Minister. It is fair to say that Cheryl and Antonia have been to the House of Commons so often that they have met most of the Cabinet and half of the parliamentary Labour party.
On Second Reading, Cheryl allowed me the privilege of reading her victim impact statement in the Chamber. I did that because her words carry more power than anything I could possibly say, and I wanted them to be heard by the world. Olivia’s murderer, Thomas Cashman, refused to hear those words. I would like to read a few words from the statement today:
“My nine-year-old Liv was the light of our lives, our beautiful, sassy, chatty girl who never ran out of energy. She was a character, she was my baby…She will never get to make her holy communion, wear that prom dress or have a sweet 16th birthday, walk down the aisle with the man of her dreams or become a mother of her own children. All that promise for her future so cruelly taken away. Now I have to drive to the cemetery to be close to my baby daughter…telling her I miss her smile, her kisses, her cuddles, her voice.”
Cashman should have heard those words, but he could make the choice not to. That is the injustice at the heart of this matter, because Cheryl did speak. She found the strength to put into words the love that she has for her daughter, and the devastation that she has to face every single day. Today, we ensure that turning away and hiding is no longer an option. I thank the Government, especially the Minister, for listening to Cheryl. I know there were times when Cheryl thought that this day would never come; well, Cheryl, it has.
Cheryl and I are two peas in a pod. We have both just turned 50; she turned 50 on Saturday—happy birthday! We are both from council estates in the same part of town. We both had working-class upbringings, and families who did not have much, but worked hard and gave us everything in love. That matters, because it speaks to who Cheryl is. She is someone who lifts people and brings warmth and strength to others, even in her darkest moments. Alongside her has been her remarkable cousin, Antonia. Together, they have been relentless; they have taken unimaginable grief and turned it into change. Because of both of them, victims’ voices will be heard.
This law is Cheryl’s achievement, and it is Olivia’s legacy. We honour her and all the other campaigners and victims who fought for this law, and I am properly proud that it is a Labour Government delivering it.
Blake Stephenson (Mid Bedfordshire) (Con)
I will speak to Lords amendments 5C and 6B. Before I do so, may I thank the Minister for working in a collaborative and cross-party way on this issue? I congratulate hon. Members who spoke before me so passionately on behalf of their constituents.
I pay tribute to my constituent Tracey Hanson, who is watching this debate from the Gallery. Tracey’s son, Josh Hanson, was tragically murdered in an unprovoked knife attack in October 2015 at the age of just 21. Tracey has been on an 11-year journey of immense pain, and she has channelled that pain into trying to improve the rights and experiences of victims who must deal with the criminal justice system.
Tracey has campaigned tirelessly to reform the unduly lenient sentence scheme. The campaign is driven by a simple demand: victims and bereaved families should be properly informed of their rights, and those rights should have parity with offenders’ rights under the scheme—something that hon. Members have spoken about this afternoon. Tracey’s campaign was born from personal injustice. She was never informed of her right to challenge the sentence imposed on Josh’s killer. When she discovered the scheme and submitted an appeal on the final day, it was rejected, because it arrived outside of office hours. That is totally unacceptable.
I therefore welcome the introduction of Lords amendment 6B, which will place a clear duty on authorities to notify victims and bereaved families of their right to appeal a sentence under the unduly lenient sentence scheme. That change is a direct result of Tracey’s work with academics, campaigners and legislators, and her determination to improve the legislation through the introduction of Josh’s law. Other families who are unfortunate enough to find themselves in such tragic situations will benefit from Tracey’s work, and the work of all campaigners. It is because of that work that I and many others in this House have been educated about the problems with the ULS scheme.
I welcome Lords amendment 5C, which will extend the period within which an appeal can be considered from 28 days from the date of sentence to six months from the date of the sentence, where that is in the interests of justice. That is a significant step forward for victims’ rights, but, while I welcome it, true justice requires absolute parity between the rights of offenders and the rights of victims to appeal sentences. Hon. Members from across the House have made that point today, and I hope that the Government have heard it.
Despite the positive step forward in this Bill, I know that Tracey will continue her fight for full equality for victims in the eyes of the law. On that note, may I thank Ministers for agreeing to meet Tracey later this year to discuss the Law Commission’s review of criminal appeals? In the Minister’s summing-up speech, I would appreciate it if she could confirm that Tracey would be welcome at that meeting.
I also mention my constituents’ disappointment that the Government have decided not to give these legislative changes the name “Josh’s law”. I have already spoken of the undeniable role that Tracey’s campaign has played in bringing about these changes. That sentiment is reflected in the fact that many Members across this House already recognise it as Josh’s law, noting Tracey’s years of campaigning for these changes in Josh’s memory. Baroness Levitt KC, the Parliamentary Under-Secretary of State for Justice, said in the other place last week that this Government listen and want to get things right. I truly welcome the fact that Ministers have listened to Tracey, and have introduced amendments for which she has campaigned for more than seven years, but they have not got this completely right. In the eyes of my constituents, to truly honour Tracey’s work—not only her determination to deliver meaningful legislative reform, but the tireless support that she has provided to victims through her charity—this change in legislation should be called Josh’s law.
I understand the Government’s position is that
“this decision reflects a wider shift away from the Government naming legislation or amendments after individuals”.
However, that is inconsistent with other recently passed legislation. I will refer to just one example. Last week, a Minister referred to “Benedict’s law” at the Dispatch Box. That legislation was passed only last month. That highlights that the move away from naming legislation after individuals is not being applied consistently. I ask the Minister to reflect on that at the Dispatch Box.
Together, Lords amendments 5C and 6B represent a positive shift in the way that the criminal justice system in England and Wales approaches victims. I hope that Tracey is incredibly proud of the fact that, by channelling the immense pain of her loss into concrete action, she has helped to shift more focus back to the impact on, and rights of, victims. For that reason, and in Josh Hanson’s memory, I encourage colleagues from across the House to support Lords amendments 5C and 6B.
Alex Davies-Jones
With the leave of the House, I will close this really important and special debate. It moves us another step closer to this Bill becoming a much-needed law for all victims, and I sincerely thank all hon. Members who have spoken, particularly my hon. Friends the Members for Blackpool North and Fleetwood (Lorraine Beavers), and for Knowsley (Anneliese Midgley), the hon. Member for Mid Bedfordshire (Blake Stephenson), the Liberal Democrat Front-Bench spokesperson, the hon. Member for Chichester (Jess Brown-Fuller), and the Opposition Front-Bench spokesman, the hon. Member for Bexhill and Battle (Dr Mullan).
This is a really important Bill. It shows the best of Parliament when we all come together on an issue that is beyond party politics to do what we were elected to this place to do—to speak for the people we represent, make life better for those who come after us, and create a legacy for those who have sadly had to endure hardship and pain that we will hopefully never have to feel. I thank the Minister in the other place for guiding this Bill through its stages, and for undertaking such extensive engagement with all hon. Members, here and in the other place, throughout its passage.
Let me answer some of the questions put forward today. Discussions are ongoing about who will have the statutory duty to notify victims and bereaved families about the unduly lenient sentence scheme, and I will ensure that I update the House on how we progress those discussions. We do not need to put that into law, but we will engage fully with the Crown Prosecution Service, the Home Office, the Victims’ Commissioner and the bereaved families to ensure that we get this right, that full accountability is there, and that there will be scrutiny of the application of the duty under the victims code. I am working with the Victims’ Commissioner to ensure that that is robust. I assure the shadow Minister that that will be followed robustly, and I will ensure that we engage with him on that duty as it develops.
I assure the shadow Minister that the consultation on rates will be followed in accordance with Cabinet Office guidelines, and we will consult with the appropriate stakeholders. This will not be a tick-box exercise—it will be thoroughly responded to—and the House will be informed of that consultation. As the hon. Member for Mid Bedfordshire and my hon. Friend the Member for Blackpool North and Fleetwood stated, this is just part of the commitment that the Government are making to victims about the unduly lenient sentence scheme. We still await the findings of the Law Commission, and I again make the commitment at this Dispatch Box that I made to Tracey Hanson and Katie Brett: I will meet them, once the Law Commission completes its work, to discuss the findings and what more we can do as a Government going forward to ensure that we get parity for victims in the criminal justice system. This is just one step forward, and we will continue to work with all stakeholders on the Bill.
I have been crystal clear that this is the Victims and Courts Bill, and soon it will be the Victims and Courts law. It will become an Act for all victims. It will be a law for Josh, for Sasha, for Olivia, for Jan, for Sabina, for Zara and for all the victims who have been failed by the criminal justice system. This Bill will become an Act for all of them, and their legacy. I will ensure that the importance of having a consistent approach regarding the law’s name is fed back to all Government Departments, because this is a law for all the victims and campaigners who have engaged with the Government and it is important that they are all recognised.