Victims and Courts Bill

Lord Keen of Elie Excerpts

Wednesday 15th April 2026 Lords Chamber

[Baroness Brinton (LD) [V]]

My Lords, I start by thanking the Minister, her ministerial colleagues in the justice department, officials and staff, who have been available for conversations both during the passage of the Bill, especially since Report, and the helpful discussions reflected in the Government’s Motions in front of us today.

My Motion B1 on the horrendous issue of homicide abroad differs from the amendment that I laid at earlier stages of the Bill, because I listened carefully to the Minister, both in the Chamber and in our meetings. I have accordingly removed the element about enshrining the rights of bereaved families—of course, they are also victims, because their loved one was murdered—in the victims’ code. I still believe that it is possible to draft something that reflects that, but time is not on our side.

I pay tribute to the Government in that the new code of practice—just brought in for use by the Home Office, the Foreign Office and other government departments and officials such as coroners—is much more comprehensive and should, as it is now being implemented, improve the experience of families found in this horrendous position.

The one area that I do not want us to lose is the ability to review how the new code of practice is actually working. My amendments today set out a mechanism to ensure that within 18 months of the section on these arrangements coming into force,

“the Secretary of State must review the effectiveness of how the victims’ code applies to victims … who are close family members of a British National resident in England and Wales”

who is murdered or a victim of manslaughter or infanticide, and that the Secretary of State must lay a report of that review before both Houses of Parliament. However, I am very grateful to the Minister for our discussions and note what she has said at the Dispatch Box, that the Government will set up a joint review with the FCDO and the Home Office that will focus on access and experience for the families of those murdered abroad, to be published next year. It is especially welcome that the Government will work with the Victims’ Commissioner and, I hope, with victims’ organisations that help these families too.

The Minister knows that from these Benches we will continue to talk to victims’ groups and that if concerns remain in the future, we will raise questions and, as appropriate, amendments in future legislation, but until then we look forward to seeing the Government’s review next year. I will not take my Motion any further today.

I now turn to Motion A on court transcripts. Over the years, we have tabled amendments about the ability of victims to access parts of court transcripts. It has been too easy to gloss over why too many victims feel excluded from the court process, whether by accident or worse. This can be through poor advice. For example, victims are told—far too frequently, I am afraid—that if they sit in the court after they have given evidence, it is a bad look and it might harm the views of the jury, because victims are seen as ghoulish or, worse, vindictive.

Also, too many victims are not aware of what they are entitled to. Here, I pay my respects to the Minister for her outrage at the Dispatch Box during an earlier stage of the Bill when she outlined her fury about when arrangements for victims are not followed properly in court. In theory, this should not happen, but it does. For those who also do not have the support of professionals to guide them through what is happening in a court case, there is bemusement and often a lack of knowledge. It really affects whether they feel that the process has been as fair to them as it has been to the defendant.

The amendments on court transcripts are invisibly but inextricably linked to the amendments on reforms to unduly lenient sentences, but because of parliamentary procedure and the way the Bill is laid out, they are separated. However, access to information and support to understand it is at the heart of whether a victim feels the need to submit an appeal to the Attorney-General for a sentence to be considered unduly lenient. I will talk about this more on the next group, but that link is there, so getting both matters right is vital.

I am very grateful to the Minister for her helpful discussions on the practicality of making court transcripts available to victims, and for the announcement yesterday, which she has just outlined in her contribution, that the Government will conduct a study to look at how AI transcription can be used accurately—including, importantly, appropriate redactions for the safety of victims and witnesses—and considerably more cheaply than the vastly expensive current arrangements. From these Benches, we understand the pressure on the court system from imposing the current expensive system further.

We will watch for the outcomes of this study and any consequential actions. As the Minister knows, we will hold the Government to account from our Benches in both this House and the Commons. This includes an amendment that my honourable colleagues have already tabled to the Courts and Tribunals Bill, but I am very grateful for the progress we have made. That is why I did not retable my original amendment today.

Motion C1 from the noble and learned Lord, Lord Keen, is for sentencing remarks to be published online within 14 days of a request being received by anyone. On Report, we were very concerned that this particular action would lead to victims and witnesses being much more vulnerable than they would under the proposals we have been discussing on other amendments, where the transcripts are specifically for the victims and would have to be carefully redacted to keep them safe. This amendment would take us back a complete step, leaving a victim having to receive notification within a short period of time—we know this fails on other issues—and having to formally request anonymity. This makes victims the afterthought in the process rather than putting their safety, as judged by experts, at the heart of publication of any information. I am afraid that is why we cannot support it today.

[Lord Keen of Elie (Con)]

My Lords, Motion C1 in my name would insist on my amendment from Report regarding the publication of court transcripts. It would require sentencing remarks by the Crown Court to be freely published online, while also informing applicants of their right to request anonymity if they wish it.

Open justice is a fundamental principle of the institution of democracy and the public confidence in that institution. This Motion would make it easier for victims, journalists and the wider public to understand exactly what is happening in the court system. This is of particular relevance regarding grooming gangs and the formal inquiry that the Government launched just this week. It would help to facilitate the transparency required to hold the guilty accountable.

As faith and confidence in public institutions continue to dwindle, many believe that the state does not operate to serve their best interests. The Sentencing Act now has the effect of an automatic presumption of short sentences—a policy that in practice effectively abolishes custodial sentences of one year or less. It is more important than ever that the public can access the reasoning behind sentencing decisions, so that confidence in the rule of law and the integrity of judicial decision-making is preserved.

In the other place, a Labour MP said she was confused about why the Minister was not accepting Lords Amendments 1 and 3 at that point. The Minister said in reply that the Government

“are willing to go further, and we will look to see what more we can do in the Lords”.—[Official Report, Commons, 25/3/26; col. 326.]

Yet the Government have taken no action on this issue other than to reject my amendment in its entirety. I therefore feel compelled to move Motion C1.

I thank the Liberal Democrats for their consistent support of this amendment and the principle that it upholds. It was the combined effort of 160 Conservative and 55 Liberal Democrat Peers that saw this amendment’s successful passage. I also thank the 56 Liberal Democrat MPs who supported the amendment in the other place. Indeed, the Liberal Democrat Justice spokesman said:

“I urge all colleagues to vote for all these excellent Lords amendments, which are incredibly important to victims and their families”.—[Official Report, Commons, 25/3/26; col. 337.]


There may have been a little wobble since—I am not clear why—but I hope that our efforts in the voting Lobby today will compel the Government to act.

[Baroness Levitt (Lab)]

My Lords, I am grateful to noble Lords for their contributions and for the thoughtful way in which they have engaged with this issue. I recognise the commitment and valuable contributions that all have made during the passage of the Bill. To those who spoke powerfully about the need for victims better to understand what has happened in court and why, I say that the Government are absolutely aligned with that objective. I thank again the noble Baroness, Lady Brinton, for raising that point about victims being either explicitly told or made to feel that they should not attend court to hear the rest of the trial. It is a powerful point. I have had experience of it personally. I shall take it away and see what I can do to improve the situation.

As I have set out, Lords Amendments 1 and 3 would impose statutory duties that risk being unworkable, would create delay and have effects that would not serve victims well. Our priority must be to ensure that the commitments we make are ones that we can deliver. That is why the Government have focused on delivery through the Sentencing Act 2026 and why we are now going further through the study in artificial intelligence transcription, about which I spoke a moment or two ago.

Turning very briefly to support for victims of homicide abroad, I repeat my absolute assurance that the Government share the ambition of strengthening the support available to families bereaved by homicide abroad. The commitments that I have outlined today do go further. Cross-departmental work to improve consistency and support through a comprehensive review will put families at the centre so that we can ensure they get the support they need. I urge noble Lords to support Motions A, B and C.

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Moved by

[Lord Keen of Elie]

Leave out from “House” to end and insert “do insist on its Amendment 3.”

[Lord Keen of Elie (Con)]

My Lords, I beg to move.

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Moved by

[Lord Keen of Elie]

At end insert “, and do propose Amendments 4B and 4C in lieu—

4B: Clause 12, page 16, line 28, at end insert—
“(2AB) Before making any regulations giving effect to subsections (2ZA) or (2A), the Secretary of State must—
(a) publish an impact assessment evaluating the likely effects of the regulations, including, but not limited to, their impact on—
(i) the ability of private prosecutors to bring proceedings,
(ii) the charitable and voluntary sector, and
(iii) access to justice, and
(b) publish a response to that impact assessment.”

4C: Clause 12, page 16, line 30, at end insert—
“(4) In section 29 (regulations), in subsection (1B) omit “or 19(4B)” and insert “, 19(4B) or 20(1A)(d) in relation to private prosecutions”.””

[Lord Keen of Elie (Con)]

My Lords, I beg to move Motion D1 as an amendment to Motion D. I begin by thanking the Minister for Motions E and F, which are an important step forward for victims. They provide for more time to submit an unduly lenient sentence application and create an exceptional circumstances clause when it is in the interest of justice to do so. Motion F will ensure that the victims’ code is amended to ensure that victims are notified of their right of access to the ULS scheme—an issue that unfortunately has acted as a barrier to the scheme in previous cases.

I must confess I am a little surprised to see Motion E in the name of the Minister. She said in response to my own amendment on Report:

“The victims asked us not to bring forward our amendment extending the time limit to 56 days, and so we have not done so”. —[Official Report, 10/3/26; col. 244.]


I wonder whether that is still the view of the victims now that we have an extension to six months.

Motion D1 in my name concerns the issue of private prosecutions and, while it is not my intention to repeat the debate in Committee and on Report on the importance of private prosecutions for charities or for dealing with the scourge of shoplifting, we on these Benches continue to harbour serious concerns about the manner in which Clause 12 is drafted. It was therefore unfortunate that the Government have not acted on any of the arguments raised by me, my noble friend Lord Sandhurst or the noble Lord, Lord Marks, with regard to these issues.

The Government have stated that, before any rates are set, there will be extensive engagement with stake- holders and a full public consultation, yet Clause 12 as drafted will give the Government the power to cap the amounts payable for prosecutors for their costs prior to any consultation actually taking place. As the noble Lord, Lord Marks, said on Report,

“that is the wrong way round”.—[Official Report, 10/3/26; col. 224.]

We on these Benches agree with that sentiment entirely.

However, as the Government have cited financial privilege as a reason for opposing our amendment to leave out Clause 12 from the Bill, I have instead tabled Motion D1, which contains two amendments in lieu. The effect of these amendments is threefold and seeks to mitigate the consequences of Clause 12. First, they would ensure that an impact assessment is launched on the potential effect of Clause 12, with particular regard to its consequences for charities and victims regarding access to justice. That need is underlined by the observations that the Minister made about there being some reservation about the way in which private prosecutions are being pursued. It is only appropriate, therefore, that these matters should be addressed. Secondly, my amendments would ensure that the Government publish a response to that impact assessment before they exercise the regulatory-making powers under Clause 12. Thirdly, the amendments would ensure that such regulation is subject to the affirmative procedure of both Houses, which is entirely appropriate in these circumstances. The Government have said that they have no intention of exercising the regulatory powers under Clause 12 until after their own public consultation, so I see no reason why they should oppose these amendments. They have been drafted with transparency and open justice in mind. If it is the Government’s intention to resist these simple amendments, then I will seek to test the opinion of the House. I beg to move.

[Lord Marks of Henley-on-Thames (LD)]

My Lords, I turn first to the issue of private prosecutions, which is the contentious area in this group. I say at the outset that we on these Benches agree with Motion D1, and the Amendments 4B and 4C in lieu, proposed by the noble and learned Lord, Lord Keen.

I start with a brief general point that we have made before. Private prosecutions are important, particularly against a background that police and other prosecuting authorities often have insufficient resources, or in some cases insufficient will, to investigate and prosecute offences themselves. It is wrong that decisions to invoke the criminal law should be exclusively in the hands of the state and its agencies. Private prosecutions offer a way for commercial organisations and for charities and others to bring prosecutions. That is important in the cases of shop theft in particular, but also in cases of fraud against charities and in other criminal matters. It is essential, however, that those who bring such prosecution successfully should be able to recover their reasonable costs. Otherwise, we risk their being deterred from doing so by having to bear the whole cost themselves without the prospect of objectively reasonable reimbursement.

As it stands, Clause 12 looks like an attempt to give the Government power to bring in regulations to limit the costs to be reimbursed. It may be that there are some private prosecutions where lawyers are overcharging for those prosecutions, and if that is the case, and there is evidence to establish that, then there may be some need for further regulation. But as a general rule it is unwise for Parliament to give Ministers the power to make regulations without their first establishing that such regulations are necessary. In this case, there is no hard evidence that we have seen to establish that regulations limiting the recoverable costs of private prosecutions are necessary. Ministers should not be able to bring such regulations into effect to limit recovery of such costs without their first establishing the necessity for such regulations.

Hence, the amendments proposed by the noble and learned Lord are right, I suggest. They are right to insist that an impact assessment, considering the likely effect of the regulations, and a response by the Government to that impact assessment, are made public before any regulations can be brought into effect. That would mean that Parliament can be properly informed of the need for them. The accompanying amendment, requiring an affirmative resolution, is entirely consistent with that principle, so we will support those amendments in lieu.

I turn next to the unduly lenient sentence scheme. We fully support the Government’s amendments in lieu, and we are very grateful to the Minister for meeting my noble friend Lady Brinton and me to consider our concern about the rights of victims and their families to refer sentences for consideration in circumstances where they have not been informed about the detail of the scheme or have not had reasonable time to consider making such a referral, at a time when circumstances for those victims are traumatic in the extreme.

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Moved by

[Lord Keen of Elie]

At end insert “, and do propose Amendments 4B and 4C in lieu—

4B: Clause 12, page 16, line 28, at end insert—
“(2AB) Before making any regulations giving effect to subsections (2ZA) or (2A), the Secretary of State must—
(a) publish an impact assessment evaluating the likely effects of the regulations, including, but not limited to, their impact on—
(i) the ability of private prosecutors to bring proceedings,
(ii) the charitable and voluntary sector, and
(iii) access to justice, and
(b) publish a response to that impact assessment.”

4C: Clause 12, page 16, line 30, at end insert—
“(4) In section 29 (regulations), in subsection (1B) omit “or 19(4B)” and insert “, 19(4B) or 20(1A)(d) in relation to private prosecutions”.””

[Lord Keen of Elie (Con)]

My Lords, in the light of what we have heard, I wish to test the opinion of the House on Motion D1.