Victims and Courts Bill (Fifth sitting) Debate
Full Debate: Read Full DebateAlex Brewer
Main Page: Alex Brewer (Liberal Democrat - North East Hampshire)Department Debates - View all Alex Brewer's debates with the Ministry of Justice
(1 day, 15 hours ago)
Public Bill CommitteesThe new clause seeks to address a critical gap in transparency and accessibility in our criminal justice system: the publication of sentencing remarks from the Crown court. Sentencing remarks are the moment when justice is spoken out loud; when the judge explains not only what sentence is being passed, but why. For victims, families, journalists and the public at large, the remarks are essential for understanding the rationale behind a sentence. They provide clarity, accountability, and allow the public to see that justice is being not only done, but explained. Under the current system, however, the remarks are often buried, available only on request, behind paywalls or subject to lengthy delays, and generally at significant financial cost. That feeds a sense of injustice and confusion, particularly when sentencing decisions are controversial or appear lenient. It also limits public confidence in our courts. People should not have to be legal professionals or pay fees just to access the reasoning behind a judge’s decision.
The new clause would change that. It would require that all sentencing remarks made in the Crown court be published within two sitting days and that those publications be freely accessible to the public. That is not only a matter of open justice; it is a basic democratic civil right. Open justice is not served if court processes and explanations are inaccessible to the very people they affect most directly. Victims deserve to know how their case was resolved. The public deserve to see how justice is applied in their name, and journalists deserve timely access so that the courts can be reported on accurately and fairly.
This is a modest ask with significant democratic weight: two days to publish and no barriers to access. We should expect nothing less from a modern justice system that values openness, trust, and public understanding. It ties into our earlier amendments, because these remarks would help someone understand whether they should consider a referral to the unduly lenient sentence scheme. I hope the Government will support the new clause to deliver the basic right for victims, their families and the general public.
I rise to speak in favour of new clause 12. We agree in principle that victims should have access to the court transcripts—indeed, it has been a long-standing campaign by my hon. Friend the Member for Richmond Park (Sarah Olney). That is very important for victims, especially if they have been subject to coercive control, gaslighting or sexual abuse; victims at the end of the court process may be left questioning, “Was this my fault?” or, “Did this really happen to me?” We have heard from victims that having the transcripts gives them the peace of mind and validation that they need.
We disagree with the Opposition, however, on two fundamental points. The first is the requirement that the court transcripts be provided within two days. We think that is completely impractical, and that two weeks is much more reasonable. Secondly, we do not believe they should be made public. Many people commit crimes who have been coerced into them, or there may be retaliatory crimes; we think making court transcripts public presents an unnecessary public shaming of a criminal, whereas providing them to the victim provides closure and clarity.
I thank the hon. Member for Kingswinford and South Staffordshire for new clause 4, which would require transcripts of Crown court sentencing remarks to be published and made freely available to the public within two sitting days of being delivered. Introducing that provision would place a significant financial burden on the criminal justice system in a challenging fiscal context, diverting valuable resources away from the wider system, potentially including other victims services. The release of any Crown court transcript requires judicial oversight to ensure that the reporting restrictions have been adhered to and that other public interest factors have been considered. For transcripts of all sentencing remarks to be published and made freely available within two sitting days would have significant operational and resource implications.