Alex Davies-Jones
Main Page: Alex Davies-Jones (Labour - Pontypridd)Department Debates - View all Alex Davies-Jones's debates with the Ministry of Justice
(1 day, 11 hours ago)
Commons ChamberI beg to move, That this House disagrees with Lords amendments 4B and 4C.
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.
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?
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.
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.
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?
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.
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.
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.
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.
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.
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.