Victims and Courts Bill
Alex Davies-Jones ExcerptsMonday 27th October 2025
(5 days, 22 hours ago)
Commons ChamberRead Full debate Victims and Courts Bill 2024-26 View all Victims and Courts Bill 2024-26 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 27 October 2025 - (27 Oct 2025)
The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)
I beg to move, That the clause be read a Second time.
Madam Deputy Speaker (Judith Cummins)
With this it will be convenient to discuss the following:
Government new clause 14—Restriction of parental responsibility for child conceived as a result of rape.
New clause 1—Child sexual abuse victims and the Criminal Injuries Compensation Scheme—
(1) The Secretary of State must amend the Criminal Injuries Compensation Scheme to—
(a) widen eligibility for compensation to all victims of child sexual abuse, including online-facilitated sexual abuse;
(b) ensure applicants with unspent convictions are not automatically excluded where offences are linked to the circumstances of their sexual abuse as a child; and
(c) increase the time limit for applications for compensation from victims of child sexual abuse to seven years from—
(i) the date the offence was reported to the police; or
(ii) the age of 18, where the offence was reported while the victim was a child.
(2) The Secretary of State must lay before Parliament a new draft of the Criminal Injuries Compensation Scheme within six months of this section coming into force.”
This new clause would widen eligibility for compensation to the Criminal Injuries Compensation Scheme to all victims of child sexual abuse.
New clause 2—Sentencing: duty when giving custodial sentence to offender who has a child—
(1) At the time of passing a custodial sentence by a judge or magistrate the relevant court must instruct HM Courts and Tribunals Service (“HMCTS”) to determine whether an offender has—
(a) a dependent child,
(b) parental responsibility for a child, or
(c) a child living in their household.
(2) As soon as reasonably practicable after establishing whether an offender has responsibility for or contact with a child as under subsection (1), HMCTS must notify the relevant local authority and relevant agencies where a child lives with such information about the sentenced individual as the Secretary of State sees fit, which must include—
(a) offence type,
(b) sentence length, and
(c) the offender’s registered home address and date of birth.
(3) In this Section—
“local authority” has the same meaning as in the Children Act 2004 (see section 65);
“relevant agency” in relation to a local authority area in England, means a person who exercises functions in that area in relation to children.”
This new clause would introduce a duty on courts to ascertain whether an offender has responsibility for, or contact with a child at the time of passing a custodial sentence and for the courts to notify relevant local safeguarding teams details of the sentence passed by a judge or magistrate.
New clause 4—Victim personal statements—
(1) The Secretary of State shall, within six months of the passing of this Act, issue revised guidance on the content of victim personal statements.
(2) The revised guidance issued under subsection (1) must stipulate that when making a victim personal statement, a victim shall be able to say anything they wish about the defendant, provided it is not contrary to any statutory limitations on free speech, makes allegations of untried criminal conduct or is disorderly language.
(3) The court must disregard any prejudicial comments made during a victim personal statement.”
This new clause would require the Secretary of State to review how to make victim personal statements less restrictive and clarify what can be included.
New clause 5—Duty to collect and publish data upon sentencing—
(1) At the time of passing a sentence by a judge or magistrate the relevant court must provide to HM Courts and Tribunals Service (“HMCTS”) the following information regarding the sentence passed—
(a) offence type,
(b) sentence length,
(c) such information about the sentenced individual as the Secretary of State sees fit, which must include—
(i) nationality,
(ii) method of entry to the United Kingdom,
(iii) visa route,
(iv) visa status,
(v) asylum status,
(vi) country of birth, and
(vii) biological sex.
(2) HMCTS must collect and collate the information on the basis set out in subsection (1) on sentences passed in the courts.
(3) Once every three months, the Secretary of State must publish statistics based on the information collected by HMCTS under subsection (2).”
New clause 6—Court transcripts of sentencing remarks—
(1) All sentencing remarks made in the Crown Court must be published within two sitting days of being delivered.
(2) All publications must be freely available to all members of the public.”
New clause 7—Extension of Victim Contact Scheme—
(1) The Secretary of State must ensure that the Victim Contact Scheme is made available to—
(a) victims of offenders sentenced to less than 12 months for violent and sexual offences,
(b) victims in cases involving coercive or controlling behaviour, stalking, or harassment, and
(c) bereaved families in manslaughter or death by dangerous driving cases.
(2) The Secretary of State must ensure that information under the Victim Contact Scheme is communicated in a timely and trauma-informed manner.
(3) The Secretary of State must publish data each year on uptake and accessibility of the Victim Contact Scheme.”
This new clause would require the Secretary of State to extend the Victim Contact Scheme to certain categories of victim. It would also ensure information is provided in a timely, trauma-informed way and require annual reporting on the Scheme’s uptake and accessibility.
New clause 8—Access to free court transcripts for victims—
(1) Victims of criminal offences shall be entitled to receive, without charge, court transcripts of—
(a) sentencing remarks,
(b) judicial summings-up,
(c) bail decisions and conditions relevant to their case.
(2) The Secretary of State must ensure that such transcripts are provided within 14 days of a request.
(3) The duty under subsection (1) shall apply irrespective of whether the victim gave evidence in the case.”
This new clause would give victims a right to receive, free of charge, court transcripts of sentencing remarks, judicial summings-up, and bail decisions relevant to their case. It requires that transcripts be provided within 14 days of a request and clarifies that this right applies whether or not the victim gave evidence in the case.
New clause 9—Victims of online and technology-enabled crimes—
(1) The Secretary of State must, within six months of the passing of this Act, commission the Victims’ Commissioner to undertake a review of the support provided to victims of online or technology-enabled offences including, but not limited to—
(a) harassment and threats;
(b) deepfake image generation; and
(c) the premeditated filming and online sharing of violent attacks where the intent is to humiliate or cause distress.
(2) The review should consider the effectiveness of—
(a) the Code of Practice for Victims of Crime in England and Wales;
(b) any guidance on the treatment of victims in the criminal justice system; and
(c) support provided to victims by the criminal justice agencies.
(3) The Victims’ Commissioner must publish a report making recommendations to the Secretary of State within 12 months of the start of the review.”
This new clause would require the Secretary of State to undertake and publish a review of the support provided to victims of online or technology-enabled offences.
New clause 10—Duty to commission support services for victims of abuse and exploitation—
(1) This section applies in respect of victims of offences relating to—
(a) domestic abuse,
(b) sexual violence, or
(c) child criminal exploitation.
(2) It is the duty of relevant authorities to commission sufficient and specific services for victims under subsection (1) in accordance with the Victims Code of Practice for England and Wales.
(3) Victim is defined as outlined in Section 1 of the Victims and Prisoners Act 2024.
(4) The services commissioned and provided for under subsection (2) must include, but are not limited to—
(a) specialist services for adult victims of domestic abuse and sexual violence,
(b) specialist services for child victims of exploitation, sexual abuse and domestic abuse,
(c) specialist advocacy and community-based services for victims with specific needs including (but not limited to)—
(i) child victims,
(ii) Deaf and disabled victims,
(iii) Black and minoritised victims, and
(iv) LGBTQ+ victims,
in compliance with the Public Sector Equality Duty.
(5) In this section—
“child criminal exploitation” has the meaning given in the Crime and Policing Act 2025;
“relevant authorities” has the meaning given in section 13 of the Victims and Prisoners Act 2025.”
New clause 11—Duty to commission support services for caregivers of victims of abuse and exploitation—
(1) This section applies in respect of victims of offences relating to—
(a) domestic abuse,
(b) sexual violence, or
(c) child criminal exploitation,
where the victim—
(i) at the time of the offence, was under the age of 18, or
(ii) is an adult at risk of harm.
(2) It is the duty of relevant authorities to commission sufficient and specific services for the parent, guardian or person who has responsibility for the victim under subsection (1) for the purpose of securing the rights of the victim under the Victims Code of Practice for England and Wales.
(3) Victim is defined as outlined in Section 1 of the Victims and Prisoners Act 2024.
(4) The services commissioned and provided under subsection (2) must be—
(a) appropriate to the needs of the caregiver in supporting the victim,
(b) trauma-informed and culturally competent, and
(c) accessible without unreasonable delay or procedural burden.
(5) In exercising their duty under this section, relevant authorities must have regard to guidance issued by the Secretary of State.
(6) The Secretary of State must publish such guidance within six months of the passing of this Act, following consultation with relevant stakeholders including—
(a) victim support organisations,
(b) organisations representing children and vulnerable adults, and
(c) persons with lived-experience of the effects of sexual or violent offences.
(7) In this section—
“child criminal exploitation” has the meaning given in the Crime and Policing Act 2025,
“adult at risk of harm” means a person aged 18 or over who—
(a) has needs for care and support,
(b) is experiencing, or is at risk of, abuse or neglect, and
(c) as a result of those needs is unable to protect themselves against the abuse or neglect or the risk of it, and
“relevant authorities” has the meaning given in section 13 of the Victims and Prisoners Act 2025.”
New clause 12—Application of the Victims’ Code in respect of victims of murder, manslaughter or infanticide abroad—
(1) The Victims and Prisoners Act 2024 is amended as follows.
(2) After section 2, insert—
“2A Application of the victims’ code in respect of victims of murder, manslaughter or infanticide abroad
(1) This section applies in respect of victims as defined under section 1(2)(c) who are a close relative of a British National resident in England and Wales, who was the victim of—
(a) murder;
(b) manslaughter; or
(c) infanticide,
committed outside the UK.
(2) The Secretary of State must by regulations issue an appendix to the victims’ code, setting out how the code applies to victims in the circumstances set out in subsection (1).
(3) The appendix must set out the services to be provided to victims as defined under subsection (1) by those persons based in England and Wales appearing to the Secretary of State to have functions of a public nature relating to—
(a) victims, or
(b) any aspect of the criminal justice system.
(4) The appendix must make provision for services based in England and Wales which reflect the principles that victims require—
(a) information to help them understand the criminal justice process;
(b) access to services within England and Wales which provide them with emotional and practical support (including, where appropriate, specialist services);
(c) in circumstances where the criminal justice process is engaged in England and Wales, the opportunity to make their views heard in the criminal justice process; and
(d) the ability to challenge decisions which have a direct impact on them.
(5) In setting out the services to be provided to victims under this section, the Secretary of State must specify the following:
(a) how such services will be provided with accessible information;
(b) how they access emotional and practical support.””
This new clause requires the Secretary of State to create an appendix to the Victims’ Code which outlines how the code applies to victims whose close relative was the victim of murder, manslaughter or infanticide outside the UK.
New clause 15—Right to referral to restorative justice services—
(1) A victim of an offence has the right, at any stage following the commission of the offence, to receive from a relevant criminal justice body—
(a) information about the availability and purpose of restorative justice services; and
(b) a meaningful referral to restorative justice services, where those services are available.
(2) A referral under subsection (1) must be made—
(a) as soon as is reasonably practicable after the offender is identified; and
(b) at subsequent appropriate stages of the criminal justice process (including pre-charge, post-charge, and post-conviction) or if requested by the victim.
(3) In exercising the right under this section, a victim must at all times give informed consent, and participation in any restorative justice process shall be voluntary.
(4) A relevant criminal justice body must maintain a record (in such form as may be prescribed by regulations) of—
(a) the times when referrals under subsection (1) are made; and
(b) statistical information on how many victims accept, decline, or do not respond to referrals.
(5) For the purposes of this section, “relevant criminal justice body” includes (but is not limited to) the—
(a) police;
(b) Crown Prosecution Service;
(c) His Majesty’s Prison and Probation Service;
(d) courts; and
(e) Commissioned victim service providers.
(6) The victims’ code must include provision consistent with this section for—
(a) the form, timing, and content of information to be given to victims about restorative justice;
(b) mechanisms and standards for referral and re-referral; and
(c) oversight and review of compliance with this section.
(7) In this section “restorative justice services” means services facilitating a process through which a victim and offender (or their representatives) may, with appropriate support, voluntarily engage to deal with the harm arising from the offence by means of a facilitated dialogue or meeting such as conferencing, or indirect exchanges of communication via trained practitioners.”
This new clause seeks to strengthen victims’ statutory rights to access restorative justice services.
New clause 16—Duty to report on the use of restorative justice services—
(1) The Secretary of State must, within a year of the passing of this Act, undertake an assessment of the use of restorative justice services by victims in England and Wales.
(2) The assessment under subsection (1) must consider—
(a) the level of use of restorative justice services;
(b) recommendations for increasing the use of restorative justice services; and
(c) any other matters that the Secretary of State deems appropriate.
(3) The Secretary of State must lay a copy of the assessment before Parliament.
(4) In this section “restorative justice services” means services facilitating a process through which a victim and offender (or their representatives) may, with appropriate support, voluntarily engage to deal with the harm arising from the offence by means such as mediation, conferencing, or reparation, under standards of safety and fairness.”
This new clause would require the Secretary of State to carry out an assessment of the level of use of restorative justice services, and make recommendations for increasing their use.
New clause 17—The Victims’ Code: right to veto licence conditions relating to an offender’s release—
The Secretary of State must, within 3 months of the passing of this Act, revise the Victims’ Code to ensure that a victim of a serious or violent offence has a right of veto over licence conditions relating to the release of an offender from prison, including temporary release, which fails to reasonably prevent an offender travelling to specific locations and provide adequate protections to the victim.”
This new clause gives victims of a serious or violent offence a right of veto over licence conditions relating to the release of an offender from prison.
New clause 18—Victim navigators—
(1) The Secretary of State must, with six months of the passing of this Act, make provision for each police force in England and Wales to have access to one or more independent victim navigators.
(2) The purpose of an independent victim navigator under subsection (1) is to—
(a) liaise between the police force and potential victims of offences relating to slavery or human trafficking; and
(b) assist in the provision of specialist advice for either the police force or the potential victims.
(3) The Secretary of State may by regulations provide further guidance on the functions of independent victim navigators.
(4) Regulations under this section shall be made by statutory instrument, and may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.”
This new clause seeks to introduce provisions for Independent Victim Navigators to be in operation on a national level in England and Wales, acting as a liaison between the police and potential victim of slavery or human trafficking in accessing the appropriate support.
New clause 19—Requirement for Strategic Planning and Funding of Victim Support Services—
(1) Each local authority and relevant authority must prepare and maintain a victim support strategy setting out how they will meet the needs of individuals affected by—
(a) offences related to domestic or family-related abuse,
(b) sexual offences, and
(c) offences related to child criminal exploitation,
in accordance with their rights under the victims’ code.
(2) Strategies prepared under subsection (1) must include—
(a) identification of gaps in existing services,
(b) specific plans to fund and deliver services for adults and children,
(c) measures to ensure accessibility for victims with particular needs, including (but not limited to) those who are disabled, deaf, from racially minoritised communities, or LGBTQ+.
(3) Any body subject to a duty under subsection (1) must report annually to the Secretary of State on progress in implementing their victim support strategy, including outcomes for service users.
(4) For the purposes of this section—
“victim” has the meaning given in section 1 of the Victims and Prisoners Act 2024;
“child criminal exploitation” has the meaning given in the Crime and Policing Act 2025; and
“relevant authority” has the meaning given in section 13 of the Victims and Prisoners Act 2025.”
This new clause would require local authorities and other relevant bodies to prepare victim support strategies for meeting the needs of victims of offences relating to domestic or family-related abuse, sexual offences, or child criminal exploitation.
New clause 20—Duty to report on availability of support services for carers of victims—
(1) Relevant authorities must prepare an annual report on the availability, accessibility, and adequacy of support services for carers of victims affected by—
(a) offences related to domestic or family-related abuse,
(b) sexual offences, and
(c) offences related to child criminal exploitation,
provided for the purpose of securing the rights of the victim under the victims’ code.
(2) A report produced under subsection (1) must include—
(a) an assessment of gaps in existing services for carers,
(b) the types of support available, including emotional, practical, and advocacy services,
(c) measures in place to ensure accessibility for carers with specific needs, including those who are disabled, blind, deaf, from racially minoritised communities, or LGBTQ+, and
(d) planned actions to improve service provision where gaps are identified.
(3) Relevant authorities with a duty under subsection (1) must publish the report and submit a copy to the Secretary of State no later than six months after the end of each financial year.
(4) For the purposes of this section—
“carer” means any individual providing unpaid support to a victim as defined in section 1 of the Victims and Prisoners Act 2024,
“child criminal exploitation” has the meaning given in the Crime and Policing Act 2025, and
“relevant authority” has the meaning given in section 13 of the Victims and Prisoners Act 2025.”
This new clause would require relevant authorities to prepare an annual report on the availability, accessibility, and adequacy of support services for carers of individuals victims affected by offences relating to domestic or family-related abuse, sexual offences, or child criminal exploitation.
New clause 21—Duty of the Secretary of State to make a statement following publication of reviews or reports relating to the experience of victims in the criminal justice system—
(1) This section applies where any review, report, or inquiry—
(a) is commissioned, conducted, or sponsored (in whole or in part) by the Secretary of State or the Victims’ Commissioner, and
(b) relates to the experience of victims in the criminal justice system.
(2) Within two weeks of the date of publication, the Secretary of State must make a statement to both Houses of Parliament setting out—
(a) the principal findings and recommendations of the review, report, or inquiry, and
(b) the Government’s initial response, including any intended actions or further consideration to be undertaken.
(3) The statement under subsection (2) must be made by oral statement unless exceptional circumstances make a written ministerial statement more appropriate.
(4) For the purposes of this section a review, report, or inquiry may be statutory or non-statutory.
(5) The Secretary of State must publish guidance on the operation of this section within three months of the passing of this Act.”
This new clause would require the Secretary of State for Justice to make a statement to Parliament within two weeks of the publication of any review, report, or inquiry relating to the experience of victims in the criminal justice system, including those commissioned or conducted by the Victims’ Commissioner. The statement must summarise the findings and set out the Government’s initial response.
Amendment 8, in clause 3, page 6, leave out lines 1 and 2 and insert
“for a serious sexual offence committed against a child.”
This amendment would extend the provision of restricting parental responsibility where a parent is sentenced for a serious sexual offence committed against a child, regardless of whether it is their child or on the length of sentence handed down.
Amendment 1, page 6, line 1, leave out
“of 4 years or more”.
This amendment would ensure that where a person is sent to prison because of a sexual offence the court would be under a duty to make a prohibited steps order.
Government amendment 10.
Amendment 2, page 6, line 2, leave out
“for whom the offender has parental responsibility.”
This amendment would ensure the court was under a duty to make a prohibited steps order where anyone is sent to prison because of a sexual offence against a child, whether or not that child was one for which they had parental responsibility.
Amendment 3, page 6, line 20, leave out from “section” to end of line 25 and insert—
“ceases to have effect if the offender is acquitted of the offence on appeal.
(5A) A prohibited steps order made under this section does not cease to have effect if the sentence is reduced, on appeal, so that it is no longer a life sentence or a term of imprisonment or detention of 4 years or more.”
This amendment would ensure that a prohibited steps order would cease to have effect if the offender is acquitted of the offence on appeal. It would also require that a prohibited steps order remain in effect where a sentence is reduced on appeal so that it is no longer a life sentence or a term of imprisonment or detention of four years or more.
Government amendments 11 to 21.
Amendment 4, in clause 11, page 12, line 21, at end insert—
“(aa) in that sub-paragraph omit “28” and insert “56””
This amendment increases the window for applying to the Unduly Lenient Sentences Scheme from 28 days to 56 days.
Amendment 5, page 12, line 23, after “(2)” insert—
“unless an application is made by a victim, or their deceased victim’s next of kin, in which case notice of an application shall be given within one year.”
This amendment increases the window for applying to the Unduly Lenient Sentences Scheme to one year for a victim of a crime or a deceased victim’s next of kin.
Amendment 6, page 12, line 29, leave out “28” and insert “56”.
This amendment is contingent on Amendment 4.
Amendment 7, page 12, line 39, at end insert—
“(5) In accordance with the provision under sub-paragraph (1) the Crown Prosecution Service must write to the victim, or a deceased victim’s next of kin, within 10 working days of the sentence being delivered to make them aware of their ability to apply for a review of sentencing.”
This amendment is contingent on Amendment 5. It would require the CPS to write to a victim, or a deceased victim’s next of kin, within 10 working days of a sentence being delivered to make them aware of their ability to apply for a review.
Alex Davies-Jones
It is truly an honour to open this debate and to bring the Victims and Courts Bill before the House. This Bill is about people—victims who have suffered unimaginable trauma and their families—and ensuring that they receive justice. It is about restoring faith in a justice system that can often feel cold and confusing, and it delivers on this Government’s driving mission for safer streets, making sure that victims are supported, that offenders are held to account, and that justice is delivered swiftly and fairly.
The deep-rooted issues in our criminal justice system need no repeating here. The House knows that the system requires large-scale reform after years of neglect. There is a long road ahead, but this Bill takes an important step forward. At its core are victims’ experiences. This Government are bringing forward real, tangible measures to ensure that victims’ voices are heard, their needs are recognised, and their rights are respected. The Bill will strengthen our courts, improving efficiency and fairness across the system. These are much-needed changes, and I am deeply grateful to hon. and right hon. Members from all parts of the House for their time and their insight in considering the measures, and to all the organisations, advocates and survivors who have shared their experiences and helped us shape this legislation.
I am sure that the House will therefore join me in paying tribute to the families of Jan Mustafa, Olivia Pratt-Korbel, Zara Aleena and Sabina Nessa, and I welcome to this place Ayse Hussein, Cheryl Korbel and Antonia Elverson, who are in the Public Gallery today. I also thank Jebina Islam, Farah Naz, the Justice for Victims group—which includes Susan and Jeremy Everard, Glenn and Becky Youens, Katie Brett, Paula Hudgell and Ayse Hussein—and the Bethan family for their courage and strength in campaigning amid immense grief for their loved ones.
Three Government amendments on Report will further strengthen the Bill, delivering clearer, stronger protection for victims, and I will turn to them briefly now. I again thank all those who have worked so constructively with me and officials in the Ministry of Justice to discuss their issues and concerns.
New clause 14 and amendments 12 to 21 restrict the exercise of parental responsibility for perpetrators of rape, where their crime has resulted in the birth of a child. These amendments will protect children, but will also help shield the victim from their perpetrator interfering in their lives, because those who commit this horrific crime should clearly never be able to use parental rights to control or torment their victim. I take a moment to pay tribute to a woman who I am proud to call my colleague and even prouder to call my friend. Many in this House will already have deep admiration for my hon. Friend the Member for Bolsover (Natalie Fleet), and I place on record that this change is hers. It is for her, her children and those just like them up and down the country—the people to whom she has dedicated her life to fighting tirelessly for.
Chris Vince (Harlow) (Lab/Co-op)
I add my personal admiration for my hon. Friend the Member for Bolsover (Natalie Fleet), who has been a fantastic champion for this new clause. Her predecessor in the House was called the beast of Bolsover, but I think she is the brave of Bolsover, because every time she speaks in this House she is incredibly brave, and I pay tribute to her.
Alex Davies-Jones
I echo those sentiments entirely It has genuinely been my privilege to hear her story, and to work with her to ensure that this measure stops rapists taking an active role in a child’s life when that child was conceived as a result of rape. I cannot imagine the enormous complexity that mothers such as her face in this situation, and I am in awe of her bravery and that of so many others. This measure will ensure that rapists cannot take active steps in a child’s life when that child has been conceived as a result of the crime for which they have been convicted.
In order to protect as many children as possible, our measure features a two-track process. When the Crown court is satisfied that a child was conceived as a result of rape, it must make a prohibited steps order restricting the offender’s parental responsibility, unless it is not in the interests of justice to do so. We recognise that rape can occur within an abusive relationship, and that this may make it difficult to prove at a criminal trial that it led to the child’s conception. When that is the case, but the court considers that the rape may have led to the conception of the child, it will refer the matter to the family court via the local authority. This two-track process sends a clear message that we will protect all children born of rape, no matter what the circumstances.
The Government recognise the clear risk that serious child sex offenders pose to their children, which is why we tabled amendment 10, which will expand clause 3 of the Bill. It means that when someone is sentenced to four or more years for serious child sexual abuse, against any child, the courts will automatically restrict their parental responsibility. The process will remain the same: at the point when an offender is sentenced, the Crown court will be required to make a prohibited steps order restricting the offender’s exercise of parental responsibility for all children for whom they hold it. For offenders to be in scope of the amendment, they will have demonstrated that they are unable to protect children and to consider their welfare. That is why it includes all serious child sexual abuse offences against all children. Unlike the last Government’s plans in the Criminal Justice Bill, this proposal is not limited to offences of child rape. What is more, unlike the last Government, this Government will actually deliver on it. We are taking this important step today to protect even more children by preventing these individuals from taking active steps in their children’s lives.
We have recognised the strength of feeling on this issue, and I am grateful to Members—especially my hon. Friend the Member for Bolsover, whom I have already mentioned, but also my hon. Friend the Member for Lowestoft (Jess Asato), the right hon. Member for Dwyfor Meirionnydd (Liz Saville Roberts), and Baroness Harman. They have been unwavering in their advocacy for the protection of children. Safeguarding children is of the utmost importance to this Government, and amendment 10 ensures that we are doing just that.
Louise Haigh (Sheffield Heeley) (Lab)
My hon. Friend has just mentioned some pioneering women in the House who have campaigned on this very issue for a number of years, but today’s amendment stands on the shoulders of the brave victims and survivors who have spoken out for so long. It will correct a historic injustice whereby, while children are protected from convicted sex offenders and paedophiles, their own children are not, through no fault of their own. This Government are now taking steps to ensure that children and their parents are protected from these vile sex offenders.
Alex Davies-Jones
My right hon. Friend is right. The Bill is a testament to those brave victims and survivors who have spoken out about this injustice, and it is this Government who are correcting that. My right hon. Friend also said that the amendment stands on the shoulders of brave, brilliant women in this place who have come before us and are still here, and it is apt for me to pay tribute to her as well, because new clause 13, concerning the misuse of nondisclosure agreements, is a testament to her brilliant campaigning.
The Government are very clear about the fact that NDAs must not be used to silence victims or witnesses of crime. Victims must be free to tell their truth, to seek help, and to warn others. New clause 13 will void NDAs to the extent that they seek to prevent a victim or a direct witness from speaking about criminal conduct to anyone, and for any purpose. It will also protect disclosures about how the other party responded to the conduct or allegation, so that victims are not prevented from sharing the full context of their experience. It builds on the Employment Rights Bill, which addresses the use of NDAs in cases of workplace harassment and discrimination. It will bind the Crown, but will not apply to a narrow cohort of specified agreements for national security reasons. It includes regulation-making powers to define “excepted NDAs”, where both parties genuinely wish to retain confidentiality, and to ensure that certain disclosures will always be permitted. Once commenced, this measure will replace section 17 of the Victims and Prisoners Act 2024, which allows limited disclosures to certain bodies. Together with the Employment Rights Bill, we are taking the necessary steps to ensure that NDAs cannot be misused to silence victims or obstruct justice.
Let me now briefly address a number of other concerns that have been raised and led to the tabling of amendments. I will not pre-empt what will be said later today, and I will give Members the time to make their cases. However, I again thank those in all parts of the House for engaging with me and setting out their concerns.
New clause 2, tabled by my hon. Friend the Member for Bristol East (Kerry McCarthy), would place a statutory duty on the Crown court and His Majesty’s Courts and Tribunals Service to determine whether an offender has parental responsibility for a child following sentencing. The new clause is well intentioned, but it risks creating practical difficulties. Determining whether a person holds parental responsibility, has dependent children or has children living in their household may require interpretation of family court orders, birth records or informal care-giving arrangements. These are matters for the family court; imposing such a duty on the Crown court risks delaying sentencing. This Government gave a manifesto commitment to identify and provide support for children affected by parental imprisonment, and the Ministry of Justice and the Department of Education are working together to determine the best way to deliver on that commitment and ensure that every child gets the support that it needs.
The right hon. Member for Newark (Robert Jenrick) and the hon. Member for Chichester (Jess Brown-Fuller) have tabled amendments to remove the four-year custodial threshold that applies to clause 3, and to expand the number of cases in which the clause will apply. This is not simply about when parental responsibility should be restricted; it is about when that restriction should happen automatically. We need to be mindful that this is a very novel proposal. Removing the threshold would add a very large number of cases to what is an untested approach. More cases will also mean more applications to the family court, and it is important we do not overwhelm the court and create delays that would put the vulnerable children already in the system at further risk.
We want to be sure that there are no adverse consequences for those children and their families who are already in the family court. That is why we have sought to keep these measures narrow, so that we can understand exactly how they are working in practice and what the impacts are. As I said on Second Reading and in Committee, this is just the beginning. As part of the implementation of these measures, we will seek to understand how they operate in practice and ensure that there are clear routes through the family court for the restriction of the parental responsibility of any perpetrator who does not fall into this category.
The right hon. Member for Newark has tabled amendments on the unduly lenient sentencing scheme. Parliament intended the scheme to be an exceptional power, and I recognise the importance of finality in sentencing to avoid ongoing uncertainty for victims, those convicted, and society more broadly about the sentence to be served. However, I also recognise the exceptionally difficult circumstances for victims and their families in making a referral to the Attorney General within the 28-day limit.
The Law Commission is carrying out a review of criminal appeals, and held a public consultation that sought views from a range of individuals on reforms to the ULS scheme, including extending the time limit and offences in scope. The Government will , of course, carefully consider the review’s final recommendations, but I can assure Members on both sides of the House that I have heard the strength of feeling on the ULS scheme. The amendments that have been tabled on the matter raise important issues, and I will continue to look at the issue carefully as the Bill progresses towards the other place. On that, I make a commitment.
The right hon. Member for Newark has also tabled an amendment on victim personal statements, a topic on which I must pay tribute to my hon. Friend the Member for Forest of Dean (Matt Bishop) for his dedicated campaigning. Victim personal statements can be an incredibly powerful way for victims and their families to tell the court how the crime has impacted them, and for the court to directly hear evidence about the harm caused when considering its sentencing of the offender. This is the victim’s voice in the courtroom.
It is important to understand that these statements are evidence submitted to the court to assist it in determining sentences. As evidence they are subject to strict rules, which the court applies to ensure that the criminal justice process works fairly and effectively. That is why the content is limited to explaining the impact of the crime.
Ms Marie Rimmer (St Helens South and Whiston) (Lab)
This takes me back to speaking with the family and father of young Violet-Grace, who was killed in 2017, at four years old, by someone who was going 80 mph in a 30 mph zone and then went missing. During the court case some years later, the family wanted to read out their victim statement fully in court. The defendant’s barrister objected, and the judge accepted that objection.
Alex Davies-Jones
I thank my hon. Friend for raising the case of Violet-Grace. She has been a tireless campaigner and supporter of the family for many years. I have had the privilege of meeting the Youens family several times and hearing directly how they were affected by their experience with their victim impact statement and the limitations placed on them as to what they could say in court. It essentially silenced them, and meant that their pain was not heard by the perpetrator. I am committed to working with them and the other Families for Justice campaigners. I have had extensive conversations with the hon. Member for Bexhill and Battle (Dr Mullan), and with many other hon. Members across this House, on looking for a way forward to ensure that victims’ voices are best represented in sentencing.
We do not need legislation for that. In fact, legislation could potentially make things worse through retraumatising victims by making them give two separate statements or by limiting—even further—in statute the parameters of what can be said. I do not want to limit or silence any victims; I want to work with them to ensure that there is universality, that there is support for them when completing their victim impact statements, and that the guidance is there so that everyone knows exactly what can be said in that impact statement. It is vital that we give victims a voice, and I am determined to achieve that.
I know that my hon. Friend the Member for Lowestoft will speak to her amendment on placing a duty on certain authorities to commission specific support services for victims—and caregivers of victims—of abuse and exploitation. Again, this measure is well intentioned, but we do not agree that it is helpful to place a statutory obligation on certain authorities to commission certain support services.
The Ministry of Justice already provides grant funding to police and crime commissioners that is used to commission support services for victims of abuse and exploitation. That includes ringfenced funding for sexual violence and domestic abuse services. It is for the PCCs to determine what support is best for their local areas. However, I remain committed to working with my hon. Friend and others to ensure that victims get the best support.
My hon. Friend the Member for Rotherham (Sarah Champion) has tabled an amendment that seeks to reform the criminal injuries compensation scheme in relation to compensating victims of child sexual abuse. This Government are, of course, absolutely committed to supporting victims. However, we believe that reforming the scheme in a way that benefits only victims of child sexual abuse—or any other single crime type—would undermine its principle of universality.
My hon. Friend the Member for Rotherham—as well as my hon. Friends the Members for Warrington North (Charlotte Nichols) and for Birmingham Northfield (Laurence Turner), and all those who attended the Westminster Hall debate earlier this year—will know the strength of feeling about the criminal injuries compensation scheme: it is not working, and it needs reform. I am committed to working with them and others, including victims and survivors, to ensure that that reform is not piecemeal and to look at how we can make it the most effective and sustainable scheme, to provide compensation to victims.
The hon. Member for Maidenhead (Mr Reynolds) will no doubt speak to his amendment on support for families bereaved by homicide abroad. Bereaved families will, in many instances, need support tailored to their cases. We have heard that these families need more clarity about that offer from UK agencies, what the homicide service even is, and how to access it. That is why we are working with Departments across Government, agencies, and the Victims’ Commissioner to produce a clear, accessible guide to support families bereaved by homicide abroad. I am grateful to the charity Murdered Abroad for working alongside us to ensure that that guidance delivers on its aims, and that we help those families who are stuck in limbo.
I will close by emphasising again the importance of this Bill. It is a foundation for a better justice system—one that provides even greater protection for victims and that delivers swifter and more efficient justice. It will not solve every issue we face overnight, but it is a strong, determined step forward: a signal that this Government stand shoulder to shoulder with victims.
Again, I sincerely thank Members on all sides of the House for their engagement with this Bill. We work together in this place, and it is at its best when we come together for the sake of victims and survivors. I look forward to hearing the debate and responding to all of the views—I am looking forward to a really healthy debate. For now, I commend the Government amendments and new clauses to the House.
Jess Brown-Fuller (Chichester) (LD)
The cornerstone of our justice system should always be the support and protection of victims and survivors—ensuring that those who have suffered at the hands of others can go on to live a life without fear, and not be defined by the actions of those who harmed them. That is achieved by putting victims’ and survivors’ needs at the heart of the justice process, and ensuring that justice is served—and seen to be served—swiftly, through properly funded support. Both protection and rehabilitation must also be robust and effective.
All of that has underpinned many of the issues that victims and survivors currently face—the things that fill our local surgery appointments and our inboxes, often with harrowing accounts of system failures that continue to compound their trauma. We recognise that this Labour Government is having to untangle that mess: the court backlogs that delay justice; prison overcrowding; criminals released on to the streets without warning; and the hollowing out of support services that victims rely on.
We in the Liberal Democrats therefore welcome the intention of this Bill, and its many measures aimed at ensuring that victims are listened to and that their experiences in the system improve. In particular, we welcome the measures compelling offenders to attend their sentencing hearings. For many victims, that is seeing justice done—an important aspect of the process—a moment of closure or, for some, the beginning of their recovery. It is something that, more often than not, they have waited far too long to see. Offenders being seen to face the consequences of their actions is vital for many victims’ journeys.
We also welcome the provisions, both in the Bill and in the Government’s amendments, to restrict parental responsibility in instances of rape or sexual assault against a child, including when a child is conceived after a rape and when an offender has parental responsibility for any child. I give credit to the hon. Member for Bolsover (Natalie Fleet) for being a tireless advocate for this and for being so brave in sharing her personal story.
That change is something that my hon. Friends the Members for North East Hampshire (Alex Brewer) and for South Devon (Caroline Voaden) also called for in Committee, and it has been a long-standing campaign for families and victims across the country. It is reassuring that the Justice Secretary and the Minister for Victims have heard their calls, picked this up and made it an important part of the Bill.
We are also really pleased to hear about the victims helpline, which could provide valuable support for so many, although we remain concerned about the sufficiency of the resources behind that to make the service genuinely effective. I would appreciate further clarity from the Minister on the resources being made available for the helpline.
Likewise, the extension of the Victims’ Commissioner’s powers is a constructive move. Empowering them to work on behalf of victims when a case is in the public interest is important for improving the experiences of victims and witnesses and, most importantly, for learning lessons for the future, which successive Governments have not been very good at doing.
We also believe that there are gaps in the provisions of this Bill that could be improved on. These have formed the bases for our amendments, but I am pleased to hear the Minister say that this is not the end of the journey, and we are laying out where we would like to see the Bill go. To that end, new clause 7 seeks to extend the victim contact scheme to repair some of the gaps in provision. Ensuring that victims have information about offenders, and about how they can apply for licence conditions, provide statements to parole hearings and appeal decisions, is vital for many victims’ journeys after a crime and for their feeling of safety. We therefore believe that the scheme should be extended to victims of offenders serving less than 12 months for violent or sexual offences, to victims in cases involving coercive or controlling behaviour, stalking or harassment, and to bereaved families in cases of manslaughter or death by dangerous driving.
New clause 8 would ensure that victims of criminal offences are entitled to free court transcripts, which should be universal to ensure transparency and an accessible method of processing court cases for all those involved in the criminal justice system, given that so much that happens in a court trial feels like a foreign language to so many accessing it, who need to process it afterwards. I know that my hon. Friend the Member for Richmond Park (Sarah Olney) has done exemplary work on this topic and that the issue has support across the House, notably in an amendment tabled by the Conservatives, despite their decision to ignore it during the decade in which they were in charge of the Ministry of Justice. The roll-out of free court transcripts for victims of rape is a welcome step, but it should not be the end of our ambition to ensure that all victims can have this important document following a trial.
New clause 21 would require the Secretary of State for Justice to make a statement to the House within two weeks of the publication of any review, report or inquiry into the experiences of victims, including those produced by the Victims’ Commissioner. When things go wrong in serious national cases where hundreds, or perhaps thousands, have been let down by the justice system, it is vital that the country sees acknowledgment, apology and action from the relevant authorities, including the Government. This new clause would give hon. Members from across the country the opportunity to scrutinise the Government’s response in all instances.
New clause 19 would specifically mandate local authorities to prepare strategies for victim support, to ensure that there are no postcode lotteries in support services relating to domestic abuse, sexual offences and child exploitation. New clause 20 would require relevant authorities to prepare an annual report on the availability and adequacy of support services for carers of victims of domestic abuse and sexual assault. These services are essential for victims finding pathways to moving on from horrific crimes.
Alex Davies-Jones
The shadow Minister is right that there are certain things that victims should be able to say in their victim impact statement—we agree on that—but there are things that are clearly not in the remit of what should be openly discussed in a sentencing hearing. They include information pertaining to the offender’s family, for example. Victims may want to reference that in their victim impact statements, but for the safety of those other family members, they should not be mentioned. It is right that we have strict guidance, and I am willing to work with him and other hon. Members to ensure that the victims have a voice in this.
Dr Mullan
We have been clear that victims do not have carte blanche—they cannot say literally whatever they like—but our proposed new clause allows the Government to set what those things will or will not be more clearly in law. That puts the onus back on the judge to disregard things that will not be of relevance to the sentencing. I think that is a perfectly reasonable way to organise things.
Alex Davies-Jones
The shadow Minister has just outlined exactly why it would be wrong to put this into statute. The issue of victim impact statements is not black and white—there is a large grey area—which is why having a specific list of what can and cannot be put in place is not the right approach. We do not need legislation on this, but we do need proper guidance and training to support victims and families so they can have their say in a sentencing hearing.
Dr Mullan
With non-exhaustive lists, parts of which are in legislation and parts of which are not, we can agree the things that are vital for people to be able to say, while other things could be determined through guidance. However, legislation is needed because, as the Minister pointed out, there are fundamental things about the definition of a victim personal statement that we think are wrong. That will need to be changed in legislation to give people freedom to comment on those issues. We can go on to decide how the judge might handle that.
I commend my friend the hon. Member for Maidenhead (Mr Reynolds) for his work on new clause 4. I met Eve Henderson, from the charity Murdered Abroad, who has long campaigned for better recognition and support for the families of British nationals who have lost loved ones to murder, manslaughter and infanticide overseas. Far too often, those families find themselves in a position of deep grief, while also having to navigate complex and unfamiliar foreign legal systems with little or no support from home. They can be left without clear information, a voice in proceedings or access to the services that victims of crime in this country are entitled to expect. To correct that injustice, the new clause would set out explicitly how the victims code applies in such circumstances, guaranteeing access to practical and emotional support, clear information about processes and the ability to challenge decisions.
The contribution by the hon. Member for Rochester and Strood (Lauren Edwards) was unusual. As the consistent Government message against the measure has been that the original proposals were too broad, the hon. Lady has thought carefully and brought forward proposals that are narrow, so disagreeing with the Government objection. I will assume that is her sincere reason for objecting to the measure, and that it is nothing to do with the fact that the Whips have told Labour Members they cannot vote for it.
To conclude, there are a range of measures that we support. We welcome their progress in the House, even when they are imperfect. However, the amendments we have proposed about the unduly lenient sentence scheme and victim impact statements are the right measures at the right time. I trust the Minister’s sincerity when she says that she wants to work on those issues, but I do not trust her Government and their ability to deliver on what they say that they will. MPs have been asked by their constituents to back the amendments and I hope that they do—there is no reason not to. I ask all MPs to support our amendments tonight.
Alex Davies-Jones
I rise to close what has been an excellent debate on the Victims and Courts Bill. As I said in my opening remarks, this House is at its best when we come together and rise above party politics, to put the interests of our constituents first, and that is exactly what we have done. I thank right hon. and hon. Members from across the House for the collaborative way in which they have engaged in the debate, as has been seen throughout the passage of the Bill. The Bill is about people: victims and survivors. The Bill has been created and drafted with them at its heart. It is about putting them back at the forefront of the justice system, where they belong, because without them we would have no justice system.
Turning to the amendments that have been proposed, I join the shadow Minister in thanking all the witnesses who gave evidence to the Bill Committee. They really helped to shape the Bill. It is because of their contribution and the strength of feeling of victims, as well as of right hon. and hon. Members in this place and the other place, that we have gone further in extending the measures in the Bill. When I and the Government hear the strength of feeling in the House, we are afraid to act. That is why I have committed at this Dispatch Box to going further again, looking at the unduly lenient sentence scheme and victim impact statements. It is right that the Law Commission is currently looking at the unduly lenient sentence scheme but, as I said in my opening remarks, I will be monitoring that closely as the Bill progresses in the other place. We are looking at how we can best support victims, so that they have representation when they feel that justice has not been fully served.
The shadow Minister and the hon. Member for Meriden and Solihull East (Saqib Bhatti)—I had the pleasure of meeting with his constituent—raised the four-year time limit. This is a novel measure, and I am grateful to Opposition Front Benchers for their support and for recognising that this is just the beginning. We will not fail to go further, following how this is implemented and the potential consequences for the family courts. This is just the start and if it works, the Government will act and go further, but we need to test this properly.
The hon. Member also asked whether the Bill will capture future children. I can confirm from the Dispatch Box that it will cover all children who exist at the time of sentencing for whom the perpetrator has parental responsibility. We cannot bind future children or children yet to be born. However, necessary safeguards will be in place through the family courts. Should that perpetrator come out of prison and go on to have other children, and should they be at risk, the normal route to strip parental responsibility in the family courts will still exist. Unfortunately, we are unable to bind future, hypothetical children, but this Bill will cover any children who exist at the point of sentencing for whom the perpetrator has parental responsibility.
Sam Carling (North West Cambridgeshire) (Lab)
I really welcome this Government’s move to restrict the access of abusers to their children, in order to protect them. All too often, however, victims who are members of tightly knit, small religious groups are pressured to interact with their abuser when they get out of prison. Some religious leaders and organisations that I am aware of commonly tell victims that God has forgiven their abusers and they therefore need to do so as well. In some cases, I have seen those victims be ostracised or shunned if they refuse to engage. Does the Minister agree that the Government need to think about how we can seek to resolve that cultural problem in small religious groups?
Alex Davies-Jones
I thank my hon. Friend for that thoughtful intervention, and he is right. We need to get this right for all victims of all crimes—that includes intersectionality and vulnerable victims.
That point speaks to the heart of the amendments tabled by my hon. Friend the Member for Lowestoft (Jess Asato) in relation to by-and-for services and specialist support services. She mentioned Jewish support charities, and I am meeting Jewish Women’s Aid tomorrow to talk about how we can better support them. She is right that this has to be holistic and comprehensive, because one size does not fit all when it comes to victims of these crimes.
Saqib Bhatti
I place on record once again my gratitude to the Minister for the time that she gave to meet with Bethan and her parents on this serious issue. The change that came about really does restore many people’s faith in what we do.
Alex Davies-Jones
I thank the hon. Gentleman again for his time and for his support in providing help to Bethan and her parents. Meeting them and hearing their story was a privilege, and it is in their name that we have gone further today in this Bill. It is for them and for all victims and survivors that we stand here to do more. As other Members have said this evening, the difference that being in government makes is that we can actually do those changes.
Let me come to some of the other amendments tabled. I welcome the Liberal Democrat spokesperson, the hon. Member for Chichester (Jess Brown-Fuller), to her place—this is the first time in the Chamber that we have had the opportunity to discuss issues of justice. I had a fantastic, collaborative relationship with her predecessor, and I look forward to continuing that as we work on these issues. She mentioned specifically the resource available for the helpline that will be set up to allow victims a direct route to provide information about their case, which is essential. We, too, are conscious of resources, and we will continue to monitor and refine the resource required for the helpline. Where possible, we will of course act if there is demand. We feel that currently resource there is needed, as is set out in the impact statement, but we will keep that under review and will not hesitate to act in the fiscal environment given.
The hon. Member for Chichester also mentioned new clause 7, about extending eligibility for the victim contact scheme. She will know that we have extended that eligibility in the Bill. Again, we will keep that under review if there is a need to expand it further and look at how we can best support victims.
The hon. Member for St Ives (Andrew George) mentioned the right to know in relation the victim contact scheme and the victims code. We will launch a consultation later this year on victim rights and the victims code, looking at exactly what should be in there and how best we can support victims. I encourage all victims, survivors and Members to feed into that. He knows that the door remains open for me to meet his constituent Tina Nash to discuss her issues at first hand and see how I can better support her and other vulnerable victims who are disabled throughout the process.
Andrew George
I have discussed this issue with the Minister, and she knows about it because we have also corresponded on it. I know that my constituent would be enormously grateful to have an opportunity to meet her, and I am very grateful for her response.
Alex Davies-Jones
I look forward to meeting the hon. Gentleman and his constituent in due course to discuss the failings in the criminal justice system that led to her experience. No victim should go through what she did, and I stand ready to support her and improve the situation.
Let me turn to the amendment in the name of the hon. Member for Maidenhead (Mr Reynolds), which I touched on in my opening remarks. I know that my hon. Friend the Member for Rochester and Strood (Lauren Edwards), the Opposition Front Bench spokesperson, the hon. Member for Bexhill and Battle (Dr Mullan), and others in this Chamber spoke to that amendment. I know that many Members will have had horrifying casework in which families are stuck trying to differentiate between a language barrier and a different jurisdiction or legal system, all while trying to get answers on what has happened to their loved one. That is unacceptable.
I remain of the view that the victims code is not the right place for these victims to have that framework, because the victims code is based on the justice system in England and Wales. It does not apply, and it is not right. However, I am committed, and I have already met with the Minister in the Foreign, Commonwealth and Development Office, my hon. Friend the Member for Lincoln (Mr Falconer), to discuss the FCDO and the MOJ working together on how best we can support victims, and working with the Victims’ Commissioner and the charity Murdered Abroad on creating the dedicated framework and guidance on what victims in this country can expect.
Lola McEvoy (Darlington) (Lab)
I thank my hon. Friend for giving way in a crucial part of her speech. In the work that she is doing, I implore her to remember my constituent, whose sister Rita Roberts was brutally murdered in 1992 and not formally identified until 2023. Rita has still not had justice, as she was murdered abroad, and her family are desperate for any support that the Minister can give.
Alex Davies-Jones
I thank my hon. Friend for raising that case. It is a horrific case that I know all too well, because the previous Member for Cardiff West, who is now in the other place, raised it previously and sought to support Rita’s family. I will seek to support them in any way I can and will work with the FCDO, because justice delayed is justice denied for anyone, regardless of where they are. I make the commitment to the hon. Member for Maidenhead that we will find the right way forward to support these families, but I do not believe that his amendment is the right one, so I implore him to withdraw it.
I turn to my hon. Friend the Member for Bristol East (Kerry McCarthy), who is right: these are invisible children and we must do more to protect them. This is not just about identifying them and their parents, who are the perpetrators; it is about supporting those children and better identifying them, and I make that commitment to her. She asked me directly about how we are going to do this. The Minister responsible for sentencing and the Children’s Minister have met to discuss this issue and held a roundtable with organisations to look at the best way of doing this, and I will impress on them my hon. Friend’s desire for them to move quickly and involve her in how best to bring this forward.
I will discuss the amendments on restorative justice tabled by the hon. Member for Wimbledon (Mr Kohler). I encourage all Members of this place to go and see the play “Punch”, which is outstanding—it is probably the best example of restorative justice that anyone can see. Restorative justice is not right for every victim and will not work for everyone; it needs consent from both the victim and the perpetrator. It will not be right for every crime, but in certain crimes it is appropriate and can provide better victim outcomes and lower reoffending rates. The Prisons Minister and the new Secretary of State are passionate believers in that. We are looking closely at this issue as a Department and will continue to work with the hon. Gentleman to see how best we can bring out restorative justice programmes across the Ministry of Justice.
I come to my hon. Friend the Member for Forest of Dean (Matt Bishop). I think we have already discussed his commitment to these victims and families for justice, and I pay tribute to him. I am committed to working further on the unduly lenient sentencing scheme to ensure that victims have the right to redress and to complain in an appropriate time, and that the victim impact statements are fit for purpose and represent that victim’s voice. For Katie Brett, the Youens family and all those who feel that they have been silenced, I make that commitment today. We also need that clarity in sentencing and transparency on what a sentence actually is, and I wholeheartedly agree with my hon. Friend.
My hon. Friends the Members for Lowestoft and for Calder Valley (Josh Fenton-Glynn) talked about the need for vital support services, and they are right. Without the vital support services that support victims and survivors, we do not have victims and survivors engaged in a criminal justice system. There needs to be a multi-year settlement—my hon. Friend the Member for Lowestoft mentioned that as well—to ensure that they are sustainable, effective and there to support victims.
Those organisations know that we are currently going through the financial allocations process in the Ministry of Justice. We are due to complete that process very soon, because I know that these vital organisations need certainty as to the sustainability of their future, and I have committed to them that I will provide it soon. I also hear their calls for more support for child victims. Again, that is something I will be looking at as part of the consultation on the victims code later this year, because although we have identified that children can be victims in their own right, there is little to support them, and they deserve support too. I am committed to working with my hon. Friend the Member for Lowestoft and other hon. Members to get this right.
My hon. Friend the Member for Rotherham (Sarah Champion) and I have spoken many times about the efficiency and effectiveness of the criminal injuries compensation scheme. Change in this area cannot be piecemeal; we need proper change if victims are to be supported, if they are to have redress, and if they are to have the recognition that they so vitally need—that something has happened to them, and that they are a victim. As my hon. Friend mentioned, there is discretion in the scheme. There are many reasons for that, but she is right that the scheme does not work. We have heard that time and again, and I am committed to working with her to determine what scheme should be in place to support victims and survivors. I want to hear from them directly, and I am also keen to hear from Quebec—which my hon. Friend mentioned—about how the scheme there operates. If we can learn about best practice internationally, we should do so. But most importantly, we need an effective and sustainable redress scheme for victims of violent crime.
Finally, I wish to pay tribute, as others have done, to my hon. Friends the Members for Penistone and Stocksbridge (Dr Tidball), for Bolsover (Natalie Fleet) and for Lowestoft, and to every single Member in this place who has stood up and discussed the need for change through this Bill. They have spoken from their hearts. They have spoken with bravery and with lived experience about what is needed to support victims and survivors. Never let anyone tell you that having a Labour Government does not make a difference. What is the difference? It is delivering for victims—deeds, not words. That is what we are doing in this Chamber this evening. We are making that difference, delivering for Claire Throssell, Jan Mustafa, Sabina Nessa, Olivia Pratt-Korbel, and the countless other victims who have been failed by the criminal justice system. That is the difference a Labour Government makes. I commend this Bill to the House.
Question put and agreed to.
New clause 13 accordingly read a Second time, and added to the Bill.
New Clause 14
Restriction of parental responsibility for child conceived as a result of rape
“After section 10D of the Children Act 1989 (review of orders made under section 10C) (inserted by section 3) insert—
“10E Duty to make prohibited steps order following rape
(1) This section applies where the Crown Court—
(a) sentences a person (‘the offender’) for an offence under section 1 of the Sexual Offences Act 2003 (rape), and
(b) is satisfied that a child (‘the child’) for whom the offender has parental responsibility was conceived as a result of the rape.
(2) The Crown Court must make a prohibited steps order when sentencing the offender.
(3) The order must—
(a) specify that no step of any kind which could be taken by a parent in meeting their parental responsibility for a child may be taken by the offender with respect to the child without the consent of the High Court or the family court, and
(b) be made to have effect until the order is varied or discharged by the High Court or the family court.
(4) But the Crown Court must not make a prohibited steps order under this section if—
(a) making the order is prohibited by section 29(3) of the Adoption and Children Act 2002,
(b) a prohibited steps order is already in force that meets the requirements in subsection (3), or
(c) it appears to the Crown Court that it would not be in the interests of justice to do so.
(5) A prohibited steps order made under this section does not cease to have effect if the offender is acquitted of the offence on appeal, but see section 10G.
(6) Sections 1, 7 and 11 do not apply where the Crown Court proceeds under this section.
(7) A prohibited steps order made under this section is to be treated for the purposes of section 31F(6) of the Matrimonial and Family Proceedings Act 1984 (proceedings and decisions) as if it were made by the family court.
(8) The Crown Court does not have jurisdiction to entertain any proceedings in connection with the enforcement of a prohibited steps order made under this section.
(9) A reference in this Act to an order under this section includes, so far as the context permits, an order varying or discharging it.
10F Duty to apply to court where child may have been conceived as a result of rape
(1) This section applies where—
(a) the Crown Court sentences a person (‘the offender’) for an offence under section 1 of the Sexual Offences Act 2003 (rape),
(b) the Crown Court is satisfied that there is a child (‘the child’) for whom the offender has parental responsibility,
(c) the Crown Court considers that the child may have been conceived as a result of the rape, and
(d) section 10E does not apply.
(2) The Crown Court must notify the local authority that is the relevant local authority at the time the offender is sentenced (if any) of the matters set out in subsection (1).
(3) The notification under subsection (2) must be given before the end of the period of 30 days beginning with the day after the day on which the offender is sentenced.
(4) Before the end of the period of six months beginning with the day after the day on which the Crown Court notifies the local authority under subsection (2), the local authority must make enquiries into whether—
(a) the victim of the rape, or
(b) if the victim is deceased, any person with parental responsibility for the child other than the offender,
consents to an application being made to the court (see section 92(7)) for the court to determine whether to make a section 8 order.
(5) If consent is given, the local authority must make that application as soon as is reasonably practicable and in any event before the end of the period of 30 days beginning with the day after the day on which the consent is given.
(6) Subsections (4) and (5) do not apply if the local authority is satisfied that the court would not have jurisdiction to make a section 8 order (see sections 2 and 3 of the Family Law Act 1986).
(7) The Secretary of State may by regulations amend the periods specified in subsections (3), (4) and (5).
(8) In this section, ‘relevant local authority’ means—
(a) where the child is ordinarily resident within the area of a local authority in England or Wales, that local authority;
(b) where the child does not fall within paragraph (a) but is present within the area of a local authority in England or Wales, that local authority.
10G Review of orders made under section 10E or following an application under section 10F
(1) This section applies where—
(a) either—
(i) a prohibited steps order has been made under section 10E, or
(ii) an order under Part II has been made following an application under section 10F, and
(b) the offender is acquitted of the offence following an appeal.
(2) The local authority that is the relevant local authority at the time the verdict of acquittal is entered (if any) must make an application to the court (see section 92(7)) to review the order.
(3) An application under this section must be made as soon as is reasonably practicable and in any event before the end of the period of 30 days beginning with the day after the day on which the verdict of acquittal was entered.
(4) The Secretary of State may by regulations amend the period specified in subsection (3).
(5) In this section, ‘relevant local authority’ means—
(a) where the child with respect to whom the order was made is ordinarily resident within the area of a local authority in England or Wales, that local authority;
(b) where the child with respect to whom the order was made does not fall within paragraph (a) but is present within the area of a local authority in England or Wales, that local authority.””—(Alex Davies-Jones.)
This new clause, to be inserted after clause 3, requires the Crown Court to restrict the parental responsibility of a person convicted of rape where a child was conceived as a result. If it is unclear whether the child was so conceived, the local authority must apply to the family court.
Brought up, read the First and Second time, and added to the Bill.
New Clause 4
Victim personal statements
“(1) The Secretary of State shall, within six months of the passing of this Act, issue revised guidance on the content of victim personal statements.
(2) The revised guidance issued under subsection (1) must stipulate that when making a victim personal statement, a victim shall be able to say anything they wish about the defendant, provided it is not contrary to any statutory limitations on free speech, makes allegations of untried criminal conduct or is disorderly language.
(3) The court must disregard any prejudicial comments made during a victim personal statement.”—(Dr Mullan.)
This new clause would require the Secretary of State to review how to make victim personal statements less restrictive and clarify what can be included.
Brought up, and read the First time.
Question put, That the clause be read a Second time.
Alex Davies-Jones
I beg to move, That the Bill be now read the Third time.
I begin by placing on the record my thanks to the Whips, the Parliamentary Business and Legislation Committee and all the brilliant, dedicated officials at the Ministry of Justice who have worked so hard to bring this legislation forward. Particular thanks go to Rachel Bennion, Hayley Newell and Cassie Blower. I also pay tribute to London Victims Commissioner Claire Waxman and Victims Commissioner Baroness Newlove in the other place, as well as Domestic Abuse Commissioner Dame Nicole Jacobs. I thank all right hon. and hon. Members across the House for their thoughtful contributions so far. They have all helped to shape this Bill, which will strengthen our justice system and make it one that is more responsive to victims, tackles delays in our criminal courts and delivers swifter and fairer justice.
When the Government took office in July last year, we inherited a justice system in utter crisis, with record and rising backlogs in the criminal courts delaying justice for too many people and victims more likely to be an afterthought than an important, integral part of the process. Reform of the system is essential, and this legislation will mark that significant step forward, but I have been clear that this is just the beginning.
The Bill at its core is about transforming the experience of victims throughout the criminal justice system. It will introduce measures to ensure that victims are heard, supported and treated with the dignity they deserve, and it will improve the efficiency and fairness of our courts.
Andy Slaughter (Hammersmith and Chiswick) (Lab)
May I congratulate my hon. Friend on piloting the Bill through the House? It is an excellent piece of legislation that will make a real difference to victims. But, as she said, it is just a start. Will she and the Department rededicate themselves to bringing down that Crown court backlog? Speedy justice is what victims want.
Alex Davies-Jones
Absolutely. I thank my hon. Friend the Chair of the Justice Committee for holding our feet to the fire as a Government to ensure that we bear down on that backlog. The Minister of State, my hon. and learned Friend the Member for Finchley and Golders Green (Sarah Sackman), is ensuring that we deliver for victims by bringing down that backlog, with record investment in our court system, record sitting days and looking at the reforms brought forward and the recommendations of Sir Brian Leveson in his once-in-a-generation review. It is only when we get on top of that court backlog that justice can be delivered and victims will feel it has been done.
The Bill is a key part of the Government’s plan for change. It will deliver on many of our manifesto commitments to support and protect victims, restore confidence in our justice system and implement that swifter and fairer justice. I urge all hon. Members on both sides of the House to support its passage into law. I proudly commend the Bill to the House.
Family Justice: Better Protections for Children
Alex Davies-Jones Excerpts(1 week, 3 days ago)
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The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)
My noble Friend, the Parliamentary Under-Secretary of State for Justice (Baroness Levitt KC), has today made the following statement:
“I am pleased to announce today that the Government will repeal the presumption of parental involvement when Parliamentary time allows.
Section 1(1) of the Children Act 1989 states that the child’s welfare shall be the court’s paramount consideration when determining questions relating to the upbringing of a child. The presumption of parental involvement was brought into legislation by the Children and Families Act 2014, which amended section 1 of the Children Act 1989. It states that, in certain private law proceedings relating to a child, the court should presume that involvement of a parent will further a child’s welfare, unless there is evidence to the contrary. It does not apply in cases in which there is evidence that the involvement of a parent places the child at risk of suffering harm.
Although the legislation explicitly states that the presumption is rebuttable and that it does not apply in cases where a parent presents a risk of harm to the child, I recognise that it has faced criticism for appearing to reinforce a “pro-contact” culture that prioritises the involvement of both parents in a child’s life over the child’s individual welfare. The 2020 Ministry of Justice report assessing risk of harm to children and parents in private law cases—known as the harm panel report—includes substantial evidence demonstrating the existence of a “pro-contact” culture in the family court.
The harm panel also recommended that the Ministry of Justice undertake a review of the presumption of parental involvement. This review has now been completed and has been published today in full with its findings alongside this written ministerial statement. One of the key findings of the review is that unsupervised and face-to-face involvement is the most likely outcome for child arrangements applications, including in cases which involve allegations or findings of domestic abuse or harm. Such decisions can be detrimental to child welfare. The presumption of parental involvement, while not the main driving force, was identified as one of a number of factors contributing to the pro-contact culture that drove these decisions.
The repeal of the presumption will form part of a package of family court reforms designed to better protect children in private law cases in the family courts. We know that abuse during childhood can have a serious impact on the rest of a child’s life, and that children who experience abuse during childhood are more likely to drop out of education, enter the criminal justice system and suffer unemployment and poor health outcomes. We hope that this wider package of reforms— of which the repeal of the presumption will play a key part—will contribute to improved children’s education and employment outcomes as well as reducing costs to the health and justice systems.
When coupled with other ongoing work to reform the family courts, we believe that repealing the presumption of parental involvement reflects our commitment to ensuring that the welfare of children remains paramount.
I will ensure that a copy of the review and accompanying research reports are deposited in the House Library.”
[HCWS979]
Draft Compensation for Miscarriages of Justice (Alteration of Overall Compensation Limits) Order 2025
Alex Davies-Jones Excerpts(1 week, 5 days ago)
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The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)
I beg to move,
That the Committee has considered the draft Compensation for Miscarriages of Justice (Alteration of Overall Compensation Limits) Order 2025.
It is an honour to serve under your chairmanship, Mr Vickers. I think we can all agree that miscarriages of justice have a devastating impact on all those who suffer them. Such individuals are victims of the state, so it is right that the state should support them by helping to rebuild their lives. Although miscarriages of justice are thankfully rare, they do occur, and when they do, it is vital that the criminal justice system learns lessons to minimise the risk of their happening again and that we support those whose lives have, sadly, been affected.
Justice for the wrongly convicted is vital to the Government’s ambition to restore confidence in the criminal justice system as part of our plan for change. With the introduction of this draft statutory instrument, we are taking action to ensure that victims of miscarriages of justice will continue to be appropriately compensated to support them to rebuild their lives, while keeping in mind the wider financial context.
Of the two compensation schemes, one relates to convictions in the civilian justice system and the other to convictions by the court martial. Both have caps on the maximum amount that can be paid for a qualifying miscarriage of justice. The purpose of the draft order, therefore, is to increase the maximum amount that can be paid under the two schemes by 30%, so that where an individual has spent at least 10 years in prison, the maximum amount they can receive will increase from £1 million to £1.3 million; in all other cases, the maximum amount will increase from £500,000 to £650,000. We consider that to be a substantial and appropriate increase at this time.
When the Government came to power, we inherited a justice system at breaking point. As part of our plan for change, we are fixing the foundations across the entire system, including with the introduction of this draft instrument, which reflects the increase in compensation caps for those who have suffered miscarriages of justice since they were introduced in the Criminal Justice and Immigration Act 2008. We will continue to monitor the scheme and keep the caps under review.
It is, of course, important to keep in mind that the compensation schemes are only one route by which an individual can receive compensation following a wrongful conviction. Applicants may also be able to pursue civil claims against public bodies, if their fault has led to the miscarriage of justice.
I will now deal with the compensation schemes in a little more detail. For those who have suffered a qualifying miscarriage of justice in the civilian criminal justice system, the payment of compensation is governed by section 133 of the Criminal Justice Act 1988. Applications for compensation under that scheme are determined, and compensation is payable by, the responsible devolved Government. In practice, that means that the Secretary of State for Justice is responsible for cases in England and Wales; Scottish Ministers for cases in Scotland; and the Northern Ireland Department of Justice for cases in Northern Ireland. That reflects the position that miscarriages of justice compensation are a transferred matter. For a very small number of cases in Northern Ireland involving sensitive national security information, however, the Secretary of State for Northern Ireland has responsibility. The caps apply to all cases for compensation, except cases in Scotland, which are not subject to any caps.
For those who have suffered a qualifying miscarriage of justice following a conviction by the court martial, section 276 of the Armed Forces Act 2006 provides that applications are determined, and compensation is payable, by the Secretary of State for Defence. The draft instrument will increase the caps that apply to cases of compensation payable by the respective Secretary of State—those being cases in England and Wales, Northern Ireland national security cases, and cases under the Armed Forces Act. The instrument will have no effect on the caps that apply to compensation payable by the Northern Ireland Department of Justice, as it has a separate power to amend its caps.
Hon. Members may also wish to be aware that the Law Commission is consulting on a wide range of changes to the laws relating to criminal appeals, including reviewing compensation for miscarriages of justice. We look forward to its final report, due next year, and we remain committed to ensuring that any changes we make will promote fairness and justice for all involved in criminal justice proceedings.
To conclude, this draft instrument is part of our mission to improve the Government’s response to miscarriages of justice. We believe it is crucial to ensure that victims of miscarriages of justice continue to be appropriately compensated, while remaining mindful of the wider financial context.
Alex Davies-Jones
I thank the shadow Minister for his comments. The draft order is an important part of the Government’s work to ensure that people are appropriately compensated. This is the first time that the caps have been increased since their introduction in 2008, and I am proud that it is a Labour Government who are doing so. Grave miscarriages of justice should be addressed by compensating those who have been wronged by the state. I hope that hon. Members will agree that this is a necessary instrument, and I commend it to the Committee.
Question put and agreed to.
Oral Answers to Questions
Alex Davies-Jones Excerpts(1 month, 2 weeks ago)
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Kirith Entwistle (Bolton North East) (Lab)
The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)
It is vital that victims feel supported at court. The Ministry of Justice funds the national witness service, which provides support on the day of trial, and independent sexual violence advocates can accompany victims while they are in the courtroom. Pre-trial, victims can receive support from victim liaison officers or from the MOJ-funded victim support services, and that is available throughout their criminal justice journey.
Kirith Entwistle
May I welcome our new Minister and Justice Secretary to their places? I have heard far too many stories from constituents who have endured sexual violence and rape. They tell me how isolating and intimidating the court system can feel and how difficult it can be to get the support they need. Will the Minister reassure me and those constituents that this Government are doing everything they can to ensure that victims and survivors of rape and sexual violence are supported in a timely manner?
Alex Davies-Jones
I thank my hon. Friend for that important question. She is a tireless advocate for all victims of violence against women and girls. She will know that this Government are committed to supporting those victims in court through measures such as section 28, the witness service and our victim liaison officers. To further support victims, the Ministry of Justice also funds support services such as independent sexual violence advocates and independent domestic violence advocates. We are also committed to introducing free, independent legal advisers for victims of adult rape across England and Wales, and I hope to announce more on that measure soon.
Lisa Smart (Hazel Grove) (LD)
My constituent Louise reported her sexual assault to the police back in 2021. She has had court dates pushed back twice and the trial is now expected in December 2026, nearly six years after reporting it to the police. What assessment has the Minister made of the impact of such delays on victim-survivors, who are also witnesses, and of the impact on the quality of the eventual court case?
Alex Davies-Jones
I thank the hon. Member for that really important question. All my thoughts are with Louise and, sadly, so many like her who are waiting for justice. We know that justice delayed is justice denied. That is why we asked Sir Brian Leveson to conduct the once-in-a-generation reform of our criminal courts system: to ensure that we have a criminal justice system fit for the future, which breaks down the backlog on our court cases so that victims such as Louise are no longer waiting for justice.
Pam Cox (Colchester) (Lab)
Last week the Justice Committee heard evidence about the use of special measures to support vulnerable or intimidated witnesses to give their best evidence. That is obviously so important in rape and sexual assault cases. Will the Minister reaffirm her support for the continuing use of those measures, despite some debate about the evidence of their effectiveness?
Alex Davies-Jones
I was pleased to attend the Justice Committee to discuss how important section 28 is to vulnerable witnesses and victims, and the difference that it makes by allowing victims of rape and sexual offence crimes specifically to be maintained within the justice system, allowing them to give their evidence in a safe manner that is more accessible to them. In a justice system where currently 60% of rape victims are withdrawing from the process because of the backlog, the waits and how traumatic it is, anything that helps them to be maintained in the criminal justice system is worth championing.
Liz Jarvis (Eastleigh) (LD)
My constituent waited 18 months to face her abuser in court, only to be told the day before the trial was supposed to begin that it had been postponed until May 2026. How are victims of domestic abuse supposed to get redress and closure when they face such intolerable delays?
Alex Davies-Jones
It is unacceptable that this is being allowed to carry on in our courts, which is why we are taking that fundamental reform, because without victims we would not have a criminal justice system and it is important that we put them at the heart of this. We are funding independent domestic abuse advocates to support victims, to get them through the system quicker. We are also committed to rolling out more specialist domestic abuse courts. That was one of the clear recommendations of the Leveson review, and it is something that the Courts Minister, my hon. and learned Friend the Member for Finchley and Golders Green (Sarah Sackman), and I are working closely on to support victims, but I will happily discuss this further with the hon. Member to ensure that we get this right for victims of domestic abuse.
Alex Davies-Jones
Child sexual abuse is one of the most abhorrent crimes in our society. That is why it is this Government who are enacting the recommendations of the grooming gangs inquiry. That is why we have kicked off the review into ensuring that victims get the justice they so deserve. It is why we are today introducing a Hillsborough law—a groundbreaking law to ensure that victims and survivors never again have to wait decades for truth and justice.
Robert Jenrick
The Minister could not answer, because it is simply indefensible and she knows it. Everyone in this House knows it. Everyone knows it. On Sunday, the family of one of Epstein’s victims, Virginia Giuffre, said that Mandelson should never have been appointed. I agree; almost every person in this country agrees. Did the Justice Secretary not read the papers that detailed Mandelson’s extensive connections to Epstein after he had been convicted? Or did he read them and flippantly disregard the crimes and pain he caused so many? Will the Minister take this opportunity, in her role, to apologise on behalf of the Justice Secretary to Epstein’s victims?
Mr Speaker
I am well aware of that and certainly do not need to be told. We have a three-hour debate coming up on that subject, so hopefully the Minister can respond.
Alex Davies-Jones
Thank you, Mr Speaker. The shadow Justice Secretary says from a seated position that this is about justice for victims. If this was really about justice for victims, in the 14 years of his Government he would have carried out reforms to ensure that victims got swift justice. Instead, he presided over a criminal justice system that is at breaking point, where victims are waiting years for their day in court, and where prisons are overflowing and we are unable to ensure that there is always a space available. It is this Government that are ensuring there will always be a prison place available. It is this Government that are getting on with carrying out the recommendations of the national grooming inquiry. It is this Government that take victims and justice seriously.
Mark Sewards (Leeds South West and Morley) (Lab)
The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)
On 15 July, the Fuller inquiry recommended introducing statutory regulation for funeral directors. The Government recognise the urgency of the concerns raised and we are carefully considering all the recommendations. The Government have committed to responding to the inquiry with an interim update on progress this year, and a final response will be given by summer 2026.
Mark Sewards
The Minister will be aware of the plight of Zoe Ward and Cody Townend, two mums from Leeds who tragically lost babies in different circumstances but who both went to the same funeral director, who did not treat their babies’ bodies with the dignity, care or respect that they deserved. Despite the shocking details of these cases, the police found nothing actionable because the funeral sector is not regulated in any way. Will the Minister commit to meeting Zoe, Cody and me to discuss these horrific cases, but also to talk about how quickly we can regulate the law in this area to ensure that what happened to them never happens to anyone ever again?
Alex Davies-Jones
The whole House will be utterly horrified at the cases of Zoe and Cody and what they have had to go through. Dignity for our deceased should be upheld by all as something of fundamental importance. My colleagues and I are committed to ensuring that we get funeral regulation right, and I am working on that with colleagues in the Ministry of Housing, Communities and Local Government, the Department of Health and Social Care, and the Department for Business and Trade. I would be honoured to meet my hon. Friend, Zoe and Cody to discuss this further.
Caroline Voaden (South Devon) (LD)
The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)
Supporting victims and witnesses is key to ensuring that offenders are brought to justice. Measures are in place to support victims. We have already discussed those measures, such as section 28 and the Ministry of Justice-funded victim and witness services. The witness service provides emotional and practical on-the-day support to help prosecution and defence witnesses in criminal courts across England and Wales, because we need them to be able to give the best evidence possible.
Caroline Voaden
I recently met a constituent who had served as a juror in a very distressing child sexual abuse case. She highlighted the profound impact that such trials can have not just on the witnesses themselves, but on the jurors, who may experience trauma and even post-traumatic stress disorder. Although the appointment of the new Victims’ Commissioner is welcome, could the Minister outline what support is available for jurors who have to cope with the impact of the evidence they see and hear in such distressing cases?
Alex Davies-Jones
The hon. Member makes an important point. I would like to take this opportunity to put on the record my thanks to everyone who does their civic duty by taking part in jury service. Juries are a cornerstone of our justice system and carry out an important function. There is support available for jurors, and I am so sorry to hear of her constituent’s situation. If the hon. Member wants to write to me, I will happily look into this more and work with her on what more we can do to support jurors, who do such a brilliant job.
Emma Lewell (South Shields) (Lab)
My constituent Billy Boyack saw his wife Angela and son Stephen killed in a head-on collision. The driver responsible initially showed no remorse and was already banned from the area under bail conditions. He received only a 13-year sentence. How does the Minister intend to redress the unfairness in our sentencing laws, with victims like Billy suffering such injustice?
Alex Davies-Jones
All my thoughts are with Billy and the family for the horrific tragedy they have suffered. My hon. Friend will know that we are debating the Sentencing Bill later today, looking at how we redress the balance here. The Law Commission is also doing a special piece of work looking at homicide law, and I would happily discuss that with her and Billy and discuss how best we can support them.
Marsha De Cordova (Battersea) (Lab)
Clive Efford (Eltham and Chislehurst) (Lab)
Further to Ministers’ earlier answers about waiting lists in Crown and magistrates courts, coroners courts also have a large backlog. I have a constituent who has been waiting nearly three years for an inquest to be completed. What can be done to relieve the pressure on grieving families who have been bereaved and to speed up the process?
The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)
I have had several productive conversations with the chief coroner, looking at how we can make the inquest process as quick as possible to ensure that the bereaved are supported and not left traumatised waiting for their inquest. The Bill we are laying before Parliament today, the Hillsborough law, has many parts looking at how to improve the inquest process and it gives more powers to coroners. We are looking at what more we can do on the reform of inquests. I look forward to working with my hon. Friend and others on how to improve the coronial process.
Jess Brown-Fuller (Chichester) (LD)
Josh Fenton-Glynn (Calder Valley) (Lab)
Victims of sexual crimes are understandably often traumatised. What steps are the Government taking to ensure the long-term sustainability of specialist support for those victims—such as the Calderdale WomenCentre, which provides supports for victims in Calder Valley—in particular given the long waits for justice and the high demand for trauma-informed support?
Alex Davies-Jones
May I put on the record my sincere gratitude to the WomenCentre for doing all it can to support the victims of these crimes? Support services are a vital element of ensuring that victims and witnesses engage with the criminal justice system, and are kept informed about the uptake of their trial. We have ringfenced funding to protect these special support services. We are currently going through the allocations process to ensure that we have support services at the front of our minds, and I will be happy to keep my hon. Friend updated as that comes forward.
Dr Neil Shastri-Hurst (Solihull West and Shirley) (Con)
In July this year, alongside a cross-party group of parliamentarians and others, I wrote to the then Lord Chancellor seeking a meeting regarding improving gatekeeping and alternative dispute resolution in family court matters. I have not received a response. Can the Lord Chancellor give me the reassurance that such a meeting will take place?
Alex Davies-Jones
We will be consulting on a new victims code in due course to make sure that all these crimes are captured, so that we can support all victims. I would be happy to discuss this matter further with the right hon. Gentleman.
Cat Smith (Lancaster and Wyre) (Lab)
For six years, Lancaster courthouse has been surrounded by temporary fencing as it awaits maintenance. How much longer will my constituents have to wait?
Wera Hobhouse (Bath) (LD)
Voices—a domestic abuse charity in Bath—has created a guide to family court proceedings to support survivors to navigate the family courts without legal representation. The pilot was rolled out in the south-west and in Yorkshire. Will the Government work with Voices to roll it out nationally?
Alex Davies-Jones
I am happy to meet Voices to discuss that guidance. We have been working with organisations like the Children and Family Court Advisory and Support Service and CAFCASS Cymru to ensure that victims and survivors have the best support available when they are navigating the family court process.
Dr Danny Chambers (Winchester) (LD)
Under current law, most instances of the sexual abuse of animals are not offences. Not only are those acts despicable in themselves, but given the proven link between animal abuse and child abuse, does the Minister agree that this dangerous gap is a missed opportunity to identify abusers before they go on to harm children?
Chief Coroner’s Annual Report to the Lord Chancellor
Alex Davies-Jones Excerpts(1 month, 3 weeks ago)
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The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)
I am pleased to lay and publish the chief coroner’s 11th annual report to the Lord Chancellor on the operation of coroner services, under section 36 of the Coroners and Justice Act 2009.
The report provides a comprehensive overview of the work taken forward across the coroner service in England and Wales in the calendar year 2024, under the leadership of the chief coroner. It provides valuable insights into the service’s operations and future direction.
In particular, the chief coroner’s report sets out:
The continuing work to promote consistency in the resourcing of and practices in coroner offices across England and Wales;
The training and guidance that coroners and their officers have received and the engagement with a wide range of stake- holders; and
Recommendations to improve coroner services further.
I am very grateful to Her Honour Judge Alexia Durran for her work in preparing the report, which is her first as chief coroner, following her appointment in May 2024. I also extend my sincere thanks to His Honour Thomas Teague KC who, throughout his tenure as chief coroner from December 2020 to May 2024, demonstrated tireless commitment in his leadership role—particularly in completing his welfare tour of all coroner areas following the pandemic.
I am grateful too to all coroners and their officers and other staff for their continued dedication to improving services for bereaved people through their invaluable frontline work.
The report will be available online, at: https://www.gov.uk/government/publications/chief-coroners-annual-report-2024
[HCWS918]
Duty of Candour for Public Authorities and Legal Representation for Bereaved Families
Alex Davies-Jones Excerpts(1 month, 4 weeks ago)
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)
It is a pleasure to serve with you in the Chair, Mrs Hobhouse. I pay tribute to my fellow Red, my hon. Friend the Member for Liverpool West Derby (Ian Byrne). His tireless campaigning on behalf of victims and survivors—the 97, the Grenfell families, the MEN arena families and every family failed by the state, of which there are sadly so many more—has been remarkable and inspiring, and he has always ensured that they have had a voice in this place. I also thank colleagues from across the House for coming to this important debate and for all of their engagement, encouragement and support as we seek to make sure that this legislation is truly worthy of being called a Hillsborough law.
I have heard that the time for warm words is over, but I want to reaffirm this Government’s ironclad commitment that we will put the Hillsborough law on the statute book. We will deliver on our manifesto commitments to place a legal duty of candour on public servants and authorities, and we will provide legal aid for victims of disasters or state-related deaths. The Hillsborough disaster is one of the greatest stains on British history, and the families, survivors and those who lost loved ones have shown endless determination to get justice. As others have said, they should have been allowed to grieve, love and remember in peace. Instead, they have spent decades searching for truth and justice.
The Government are clear that what happened following the Hillsborough disaster must never happen again. As Members are aware, the Government committed to bringing forward a Bill ahead of the 36th anniversary of the Hillsborough disaster, on 15 April this year. We did not meet that deadline, and I regret that. Any further delay simply compounds and prolongs the families’ fight to ensure that nothing like Hillsborough can happen again.
The Government worked with campaigners on a draft Bill, and when it became evident that that Bill would not fulfil the aims of the campaign, or meet the expectations of the families, we decided to take more time and get this important piece of legislation right—to deliver a legacy, to deliver a Bill that is truly worthy of being called a Hillsborough law. We committed to working further with them, and we have done that. I pay tribute to everyone who has helped with the process.
We are working in collaboration with stakeholders, campaigners and families as we develop this policy. We are clear that our approach must be families first. Before we bring any legislation to either House on this important issue, or announce precisely how we intend to deliver the manifesto commitments, we must bring this to families first. That is the least they deserve.
Iqbal Mohamed
On timelines, will the Minister elaborate on how long the Government expect to need before they can present something to the House?
Alex Davies-Jones
I am grateful for that question. I have heard the frustration and anger, both in this place and outside it, in relation to the need to introduce this quickly and urgently, but we have also heard directly from families about the need to get this right. It is our opportunity to do this, once and for all, and we will not rest until we get that right. I therefore refuse to put a timeline on it, but I do know that we need to do this quickly, and I have heard that today. First and foremost, however, it has to be done with the families first, and we will not proceed with anything that does not have their blessing and backing.
Shaun Davies (Telford) (Lab)
The passion that the Minister is showing today also underlines that the engagement over the summer has been really worthy of this Labour Minister. Inquiries will take place between now and when the Bill is given Royal Assent. Will she confirm that the duty of candour will apply to those inquiries that are live at the time that Royal Assent is provided by the King?
Alex Davies-Jones
I can confirm that. Once the Bill receives Royal Assent, it will apply immediately and cover any inquiry that is taking place. That includes the Government statutory inquiry that we have announced on Orgreave, the Government inquiry on grooming gangs, and any inquiry or inquest that will be taking place.
Andy McDonald
The Minister mentioned getting this right, yet the Government were presented with a fully drafted Bill by a learned counsel. Can she give an indication of where the discrepancies and differentiations are between the Bill that was presented—properly drawn—and the current Government position?
Alex Davies-Jones
I will happily do that for my hon. Friend. I want to put on record our thanks to Pete Weatherby KC, Elkan Abrahamson, all those at Hillsborough Law Now, Andy Burnham and my hon. Friend the Member for Liverpool West Derby for the Bill that was drafted in 2017. That Bill has been our guiding north star as we seek to draft a workable, practical and actually deliverable piece of legislation.
We need to remember that we will be legislating on a duty of candour for more than 1.9 million public servants. We need to get that right, with no unintended consequences, and it needs to be worthy of the families. I will happily meet with anyone, but my hon. Friend the Member for Middlesbrough and Thornaby East (Andy McDonald) will be aware that I cannot outline the details at this stage. However, I will in due course.
I want to place on record my thanks to Inquest, as other Members have. In February, it held a family listening day for the Government on this very important issue. We rightly refer to the Hillsborough families in this debate. However, as we have heard, the campaign is much bigger than that. It is for anyone who has ever had to fight for the truth in the face of state denial and institutional cover-ups. It will stop anyone else having to go through what they endured. It is for those affected by the infected blood scandal and for those who fought for the truth and to clear their names in the Post Office Horizon scandal. If is for those affected by the horrific fire in Grenfell Tower, for nuclear test veterans, for those affected by Primodos, the MEN arena victims and, sadly, many, many more.
Inquest brought together representatives from those areas as well as other campaign groups, including those who have had difficult experiences at inquests. The event asked the question: what would make a good Hillsborough law? Inquest’s report from that day, titled “All or Nothing”, which is available online, has been instrumental for the Government in understanding exactly what is needed to rebuild trust and help improve the experiences of those involved in inquests and inquiries.
Charlotte Nichols (Warrington North) (Lab)
Too often, bereaved families are left with no legal representation at the inquests of their loved ones. Does the Minister agree, as per our manifesto commitment, that the Government must provide state-funded legal aid to families at inquests and inquiries following state-related deaths and disasters to level the playing field between victims and the establishment?
Alex Davies-Jones
My hon. Friend is right, and I thank her for that important point. Sadly, I have heard time and again that it is David versus Goliath at inquests and inquiries, with predominantly vulnerable, working-class families left without support, having to crowdfund for a barrister—it is the Mini versus Rolls-Royce example of which we heard previously. We are committed to ensuring a parity of arms so that no family will ever have to go through that again. That was in our manifesto, and we will deliver on that promise.
The Government are keen to meet that wider group again to thank them for their time and to explain how their experiences have shaped the Bill’s development once the policy is finalised. However, I cannot mention the Hillsborough law without mentioning Hillsborough Law Now and the families bereaved by Hillsborough, because without them there would be no Bill; that cannot be forgotten. Their bravery, strength and unwavering love for their loved ones is more than admirable. They have spent decades fighting for the truth while watching the names of their loved ones be tarnished and having had their reputations and actions called into question. Too often, they have felt that everything was stacked against them. Their determination is selfless and inspirational, and it has no doubt inspired others who have sought justice when it seemed all but impossible.
I met Hillsborough Law Now and family members several times over the summer, which was an honour and a privilege. I thank them again for giving up their time. Our engagement has been open and constructive, and their feedback crucial in helping to find solutions that achieve the campaign’s intentions without any unintended consequences for the public sector. We believe that we are close to finalising a Hillsborough law that families and campaigners will be proud of.
Derek Twigg
I welcome much of what the Minister has said. She said in the early part of her speech that there would be a duty of candour and legal aid for people, so can she be clear about why there is a delay? If that is what will be in the Bill, why is there a problem?
Alex Davies-Jones
I thank my hon. Friend for that. It has taken some time to get this right, but we are committed to introducing the Hillsborough law with parity of arms and that statutory legal duty of candour, and we hope to bring that forward as soon as possible. We have worked in conjunction with the families and campaigners to make sure that we have got it right, and we feel that we are almost there.
The Bill will help to ensure that what happened following the Hillsborough disaster will never take place again, and it will undoubtedly change the culture in public authorities for the better. Until that moment, it is crucial that we are guided by the families-first principle. Engagement and conversations on this policy must take place with them before any update is given to the House or the media. Hon. Members will therefore appreciate that I am limited in what I can say today. However, I confirm that our Bill will include the pillars that are vital to the families: that legal duty of candour for public servants, with criminal sanctions for those who do not comply, and measures to rebalance the inquest and inquiry processes to tackle the disparity of power that can exist between the state and bereaved families. We will make good on our manifesto commitment to provide legal aid for victims of disasters or state-related deaths.
I hope that I have reassured hon. Members that the Government are absolutely committed to the Bill. Any absence of update has been not an absence of work but because we have had to put the families first. It is vital that we get this landmark legislation right for them, and that when the Bill finally becomes law, it achieves the change expected by those who have campaigned tirelessly for so long. After all, the Bill is for them.
When the legislation comes into force, it will stand as part of the legacy of Hillsborough and change the country for the better. It will be a law for everyone who has suffered when truth and justice has been concealed behind the closed ranks of the state.
Question put and agreed to.
Resolved,
That this House has considered duty of candour for public authorities and legal representation for bereaved families.
Oral Answers to Questions
Alex Davies-Jones Excerpts(3 months, 3 weeks ago)
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Dr Danny Chambers (Winchester) (LD)
The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)
We are funding police support services such as independent sexual advisers and domestic abuse advisers. We have launched domestic abuse protection orders in selected areas, and, as recommended by the sentencing review, we are exploring the possibility of expanding the use of domestic abuse specialist courts. We have asked Sir Brian Leveson to conduct a review of our criminal courts with the ambition of reducing the time for which victims wait for justice.
Dr Chambers
A woman from Winchester wrote to me saying:
“It feels as though every department that should have protected us has instead failed us”.
After years of high-risk domestic abuse, she went through a CID investigation to prove that she needed financial separation, but the police missed the Crown Prosecution Service investigation deadline and no charges were brought. She is now unable to secure child maintenance. Her abuser remains in financial control, which is effectively enabled by Government systems. What discussions is the Minister having with colleagues in the Department for Work and Pensions and His Majesty’s Revenue and Customs to ensure that perpetrators of domestic abuse can no longer use financial systems to maintain power and control over their victims?
Alex Davies-Jones
The hon. Member has made the important point that this is not just a criminal justice problem to be solved, but a problem for every single Department. That is why we have a cross-Government strategy on tackling violence against women and girls, which includes economic abuse. Along with the Safeguarding Minister, I regularly meet Treasury and DWP colleagues in order to get to grips with the problem, and we will publish our strategy in the coming months.
Tonia Antoniazzi (Gower) (Lab)
I welcome all the work that the Secretary of State and her team are doing in this important area, for instance through the Women’s Justice Board. At least 57% of women in prison and on probation are victim-survivors of domestic abuse, and in many cases their alleged offending is directly linked with their experiences of that abuse. What consideration has the Minister given to the introduction of an effective defence for domestic abuse victims who use force against their abusers, and for those who are coerced into offending?
Alex Davies-Jones
I know that my hon. Friend cares deeply about this issue. She will be aware of the work that the Women’s Justice Board is doing with the Department, some of the reviews by David Gauke including, specifically, the sentencing review, and Baroness Casey’s recent rapid review of grooming gangs; all that work is connected with defences for victims. We are actively considering this matter, and I will happily work with my hon. Friend and the Centre for Women’s Justice to develop further policies.
Dr Kieran Mullan (Bexhill and Battle) (Con)
The whole House will remember the murder of Sarah Everard and the national debate about violence against women and girls that it provoked. Sarah’s parents, Susan and Jeremy, had many positive experiences of the criminal justice system, but they were deeply upset by the restrictions that were placed on what they could say in their victim impact statements. I think that is wrong, the Domestic Abuse Commissioner thinks it is wrong, and the Victims’ Commissioner thinks it is wrong. Does the Minister think it is wrong?
Alex Davies-Jones
I have been proud and privileged to meet the Everards, as well as other families who are members of Justice for Victims, to discuss how we can improve the criminal justice system for victims by putting them back at the heart of the system. As the shadow Minister will know, we debated this issue heavily in Committee during the Victims and Courts Bill, and the Department is considering it actively to ensure that the voices of victims are represented in court and at sentencing. I will happily update him on our discussions about how exactly we can do that and what is the best way of doing it.
Dr Mullan
I welcome that commitment, but the Minister failed to mention that we tabled an amendment in Committee which she voted against, along with a number of other Labour Members. Given what she has just said, will she commit herself now to ensuring that an amendment is tabled during future stages of the Bill to prevent restrictions on what victims and their relatives can say in their impact statements?
Alex Davies-Jones
Let me say yet again that, as the shadow Minister will know, we voted against that amendment because victim impact statements are currently classed as evidence in a court of law, and they have to be quite specific. We are aware of the concerns of victims; what we need to do is put forward workable, realistic possibilities for how we can best represent their voice in the courtroom. We are getting on with action, whereas the Conservatives dithered and delayed for 14 years. We are making sure that victims are represented in our criminal justice system.
Josh Babarinde (Eastbourne) (LD)
I have a constituent who is a survivor of violent economic abuse, which has involved her abuser occupying one of her properties without consent and vandalising it with mounds of human excrement, rendering it unrentable at huge financial costs. The photographs are disgusting. Delays in civil court proceedings have forced my constituent to live with this for nearly three years. What steps can the Government take both to support survivors who are living in this kind of hell and to speed up the legal proceedings that are currently preventing my constituent from being free once again?
Alex Davies-Jones
Will the hon. Gentleman please pass on my sincere thoughts to his constituent? That is a horrific situation that no one should have to face. The hon. Member will be aware of our manifesto commitment to look at co-habiting couples’ rights to ensure that victims, survivors and every party have equal access to these rights. We are currently developing that policy work, as well as working across Government with the Ministry of Housing, Communities and Local Government, the Treasury and DWP to look at how we can tackle all elements of violence against women and girls, including economic abuse, and I will happily update him on those discussions in due course.
John Lamont (Berwickshire, Roxburgh and Selkirk) (Con)
The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)
My hon. Friend outlines exactly why we have asked Sir Brian Leveson to conduct a review into the criminal courts; the ambition is to reduce the length of time victims have to wait for justice. We are expecting the recommendations of that review shortly. We are supporting victims by funding key support services to make sure that victims continue to be engaged with our criminal justice system, and we are expanding the use of specialist domestic abuse courts, where trained staff can support victims directly.
Wera Hobhouse (Bath) (LD)
Catherine Atkinson (Derby North) (Lab)
Derbyshire Victim Services does really important work supporting victims, including those who have experienced sexual assault and domestic violence, but given the court backlog inherited from the Conservative Government, the service has told me that many of the victims are in need of support for longer, with many having complex needs that public services can struggle to meet. What steps is the Department taking to help support services to provide support to victims with complex needs that are exacerbated when justice is delayed?
Alex Davies-Jones
I place on record my thanks to all the brilliant victim support services that do tremendous work in incredibly difficult circumstances to ensure that victims get the support they need to stay engaged with the criminal justice system. We have protected dedicated Ministry of Justice spending on victims of violence against women and girls by maintaining the 2024-25 funding levels, ringfenced sexual violence and domestic abuse support for this year, and commissioned a 24/7 rape and sexual abuse support line, providing victims and survivors with access to vital help and information whenever they need it. We are carefully considering how best to allocate the current budget from the spending review to look specifically at VAWG alongside other departmental priorities.
Lisa Smart (Hazel Grove) (LD)
Rachael Maskell (York Central) (Lab/Co-op)
Survive is a York-based charity providing specialist services and trauma-specific interventions to survivors of sexual violence and abuse. However, it has had to close its waiting list because it does not have the capacity to meet the demand. Will the Minister look at providing additional funding, so that we can get those vital services to survivors and victims now and they do not have to wait?
Alex Davies-Jones
My hon. Friend has contacted me and written to me on this issue. She will know that we in the Department are looking at the spending allocations following the spending review. However, we have protected and ringfenced special support for sexual violence victims, because we know that there is huge demand coming through the system and we need to keep those victims engaged in the criminal justice system to ensure they get their day in court and justice is served.
Dr Caroline Johnson (Sleaford and North Hykeham) (Con)
I read a recent BBC article about an asylum seeker who had violently raped a teenage girl. He has been convicted and given a sentence of nine years in prison, followed by three years on licence, after which he will need to be deported. I am concerned that such individuals, during their period on licence, pose a risk to British women and girls. Does the Lord Chancellor agree, and will she ensure that people go straight from prison to deportation where appropriate?
Alex Easton (North Down) (Ind)
In the light of the tragic loss of young mother Sarah Montgomery, who was seven months pregnant, due to violence, which has left two young girls without a mother and impacted the entire community of Donaghadee in my constituency, do the Government agree that early interventions, particularly through early education, are essential? Furthermore, can we look at intensifying our efforts to prevent domestic violence against women and young girls and at increasing sentences to deter that type of crime?
Alex Davies-Jones
I thank the hon. Member for raising this case, which will have hit all of us incredibly hard. It is horrific and just goes to show that violence against women and girls is at epidemic levels in every corner of the United Kingdom, not just in England and Wales. I am due to meet my counterparts across the devolved nations shortly to figure out exactly how we can best join up to tackle this issue as a whole, because it will take a societal response. If the hon. Member wants to meet me to discuss this further, I would be happy to do so.
Josh Fenton-Glynn (Calder Valley) (Lab)
The Minister will be aware that the recent pathfinder family court pilots have been seen as largely successful. This is an opportunity to put children at the centre of these cases and to end the presumption of contact which puts partners and children of abusers at risk. Will she please advise me as to the next steps in this process?
Joe Robertson (Isle of Wight East) (Con)
The backlog of cases in the Isle of Wight coroner service is the worst in the country, causing pain and distress to too many families, some of whom are waiting 800 days to find out what is happening to their loved ones. Will the Minister offer any comment or support to those families, and will she agree to meet me to discuss how we deal with the problem of the Isle of Wight coroner?
Alex Davies-Jones
I thank the hon. Member for his engagement on this issue. He has written to me and we have had quite productive conversations about it. I recently met the chief coroner to discuss the specific issue on the Isle of Wight, because we know that the delays are causing untold turmoil to families in an already awful, traumatic process. I will happily meet the hon. Member to discuss a way forward, but I am reassured by the action being taken by the chief coroner to address the issue in the Isle of Wight directly.
Mr Lee Dillon (Newbury) (LD)
A constituent of mine who recently fled France because of domestic violence and abuse, after being a habitual resident for just 21 days, has been ordered to return to France next week under protective measures. What more can the Government do to protect women fleeing domestic violence in relation to the Hague convention and the Child Abduction Act 1984?
Alex Davies-Jones
The hon. Member will know that I cannot comment on specific cases, but if he wants to write to me, I will happily look at that. I recently had productive conversations about the Hague convention and others, and we will happily develop those conversations further.
Jim Allister (North Antrim) (TUV)
May I associate myself with your remarks, Mr Speaker, at the outset of these proceedings about the passing of Lord Tebbit? Lord Tebbit was a great friend of Northern Ireland, particularly of the many fellow victims of IRA terrorism.
May I return the Lord Chancellor to the subject of the backlogs in our Crown courts? In Northern Ireland, we have the worst of all records; it takes an average of 551 days to conclude a Crown court case. Murder trials have been stalled since last September with no new start date. We have a Minister of Justice locally who talks the talk but never walks the walk, and particularly does not walk the walk in settling the ongoing remuneration issue that is holding things up. Would the Lord Chancellor bring some pressure to bear on the local Justice Minister to sort this matter out?
Hague 2019 Judgments Convention
Alex Davies-Jones Excerpts(4 months ago)
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The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)
My noble Friend the Parliamentary Under-Secretary of State for Justice (Lord Ponsonby of Shulbrede) has today made the following statement:
“Today, 1 July 2025, the Hague convention of 2019 on the recognition and enforcement of foreign judgments in civil or commercial matters—hereafter: ‘Hague 2019’; ‘the Convention’ —enters into force for the UK.
The convention will provide greater certainty and predictability for citizens and businesses dealing in cross-border civil and commercial disputes, allowing for easier recognition and enforcement of judgments between the UK and other contracting parties. This will reduce the costs for litigants of determining whether a judgment obtained in one contracting state is enforceable in another. The convention will help increase confidence in the UK legal system, support international trade, investment and cross-border mobility, and enhance access to justice. It is also a significant step in improving recognition and enforcement of foreign judgments between UK and EU businesses, as this is the first new agreement in this area of law to apply between the UK and the EU since EU exit.
The UK signed the convention on 12 January 2024 following an overwhelmingly positive public consultation and ratified on 27 June 2024. In accordance with its provisions, the convention enters into force for the UK on 1 July 2025. This is a significant step in strengthening the UK’s co-operation with our international partners, enhancing our position as a global hub for dispute resolution, reaffirming the UK’s position as a leader in private international law and boosting our legal services sector. It will apply to judgments given in proceedings that commence on or after 1 July 2025 across the whole of the UK or in other participating countries.
While the decision to join Hague 2019 is a reserved matter, the implementation of the convention is devolved to Scotland and Northern Ireland. Officials in England and Wales, Scotland and Northern Ireland ensured the swift implementation of court rule amendments necessary to bring Hague 2019 into force simultaneously across the UK.
Concluded under the Hague conference on private international law, the convention has a potentially global reach. There are currently 30 contracting parties to Hague 2019 —the 27 EU member states, the EU, Ukraine, Uruguay and now of course the UK. The convention is also set to enter into force for both Albania and Montenegro on 1 March 2026 and for Andorra on 1 June 2026. There are also six signatories—Costa Rica, Kosovo, Israel, North Macedonia, the Russian Federation, the USA—who have not yet ratified. The UK can decide by way of declaration not to operate the convention with any country that joins in the future. Such declarations may be subsequently modified or withdrawn at any time.
A copy of the UK Government’s implementing legislation for Hague 2019, the Recognition and Enforcement of Judgments (2019 Hague Convention etc.) Regulations 2024, is available online.” https://www.legislation.gov.uk/ukdsi/2024/9780348260960
[HCWS765]
Victims and Courts Bill (Fifth sitting)
Alex Davies-Jones ExcerptsTuesday 24th June 2025
(4 months, 1 week ago)
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Jack Rankin (Windsor) (Con)
We welcome the provisions in clause 11, which relate to extending the time period in which the unduly lenient sentence scheme may be applied for. However, as the official Opposition, we still have concerns that the window of opportunity for victims to raise an appeal remains the same. The scheme can only be referred to for some of the most serious crimes—crimes that are likely to leave victims and their families with a degree of trauma or grief. How can we possibly expect that, within just a month of a sentence being issued, gathering together a clear, strong case for a sentence’s being unduly lenient would be on the minds of victims?
We also know that many victims do not know about the scheme, or the opportunity to appeal. Baroness Newlove said that victims “really do not know” about it. She said:
“Once they leave the courtroom, it can take a long time, but the clock is ticking.”—[Official Report, Victims and Courts Public Bill Committee, 17 June 2025; c. 8, Q15.]
During the oral evidence session, many notable sources raised issues with the current timeframe. Dame Nicole Jacobs, Domestic Abuse Commissioner for England and Wales, described the current system as “disorienting” and said that
“we need to do so much more to put in place solid advice and support for victims. Those 28 days seem to fly in the face of that.”––[Official Report, Victims and Courts Public Bill Committee, 17 June 2025; c. 9, Q15.]
Extending the window of opportunity will also surely allow a greater base of evidence from previous cases to be compiled, to bolster a referral under the scheme. It is only right that we allow victims, and the organisations supporting them, the time and space to make their case as strong as possible, ensuring that everything is laid on the table for the Attorney General to consider. Let us place victims and families at the heart of the unduly lenient sentence scheme, where they should be.
The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)
It is a pleasure to serve under you in the Chair, Dr Murrison. I place on the record our well wishes to the shadow Minister, the hon. Member for Bexhill and Battle, and welcome the Opposition Whip, the hon. Member for Kingswinford and South Staffordshire, in his place today.
On amendments 9 and 11, let me start by thanking the Justice for Victims campaign and, in particular, Katie Brett, whom I met again recently and whom I commend for her tireless campaigning for reform of the unduly lenient sentence scheme in honour of her sister Sasha.
As the Opposition Whip mentioned, the Law Commission is undertaking a review of criminal appeals, and it has launched a public consultation inviting views on a range of reforms to the ULS scheme, including extending the time limit. The consultation is open to all and has been extended to 27 June. I urge him and anyone else with an interest to submit their views, if they have not already done so. The Government will review the recommendations by the Law Commission and act if necessary. Parliament intended the ULS scheme to be an exceptional power, and any expansion of the scheme must be carefully considered. Therefore, we will holistically consider the review’s final recommendations following publication of the report.
On amendments 10 and 12, we recognise the exceptionally difficult circumstances for victims and their families in making a referral within 28 days. We heard about the impact that that is having on them directly in our evidence sessions last week. That is why anyone can ask the Attorney General or the Solicitor General to consider referring a sentence to the Court of Appeal. That is open to not just victims or relatives of a victim, but members of the public, the Crown Prosecution Service and parliamentarians—I myself referred cases to the Attorney General and Solicitor General when I was a Back-Bench Opposition MP—thereby taking the burden off victims and their loved ones.
The Court of Appeal is less likely to increase a sentence after more time has passed, because of the double jeopardy risks of sentencing an offender twice. Particularly if enough time has passed that the offender has already completed their sentence, the Court may actually reduce an extra sentence in order to reflect that. That means that an extended time limit would have a more limited impact and, worse, it would create false hope for victims, leading them to delay requests to review and then retraumatising them, with uncertainty hanging over them for up to a year after the trial, when they are trying to move on with their lives. For that reason, it is important that sentences are certain and not subject to change for too long a period.
Let me be clear: it is imperative that we provide better and clearer communication with victims by criminal justice agencies, including in relation to how and when information is given to victims and their families about the unduly lenient sentence scheme after sentencing. We heard loud and clear from victims last week about how the lack of communication and of awareness about the scheme was one of the issues. Under the victims code, the police-run witness care units are required to tell victims about the unduly lenient sentence scheme when they provide a victim or family with information about the sentence. We have already commenced the obligation in the Victims and Prisoners Act 2024 on those who provide victims code services to comply with the code unless there is a good reason not to do so. That ensures that agencies, including the police, are held to account for providing victims and their families with the service that they should expect. Once the new victims code is in force, we will also implement the code awareness duty, placing a legal responsibility on criminal justice agencies, including the police and the CPS, to promote the victims code to the public and victims of crime and ensure that every victim and their family are aware of their rights.
Alex Davies-Jones
I do not wish to prolong proceedings unnecessarily. We welcome the Opposition’s support for the clause.
The Chair
Wonderfully brief—thank you.
Question put and agreed to.
Clause 11 accordingly ordered to stand part of the Bill.
Clause 12
Terms of imprisonment for certain offences on summary conviction
Question proposed, That the clause stand part of the Bill.
Alex Davies-Jones
Clause 12 is a technical measure. It would bring the maximum penalty for six triable either way offences, when dealt with summarily in a magistrates court, in line with other triable either way offences. For those six offences, the maximum penalty that a magistrates court can issue is currently specified as six months. The clause specifies that the magistrates court maximum penalty for those offences is
“the general limit in a magistrates’ court”,
which since November has been 12 months for a single either way offence. That will mean that if magistrates courts’ sentencing powers are changed again in the future, the six offences will also be subject to that change. Correcting that inconsistency will ultimately help to avoid confusion and error in sentencing relating to those six offences.
Mike Wood
The clause is a sensible measure updating the sentencing provision for certain offences on summary conviction. It will replace the fixed six-month maximum term with the general limit in a magistrates court. The change affects a number of serious offences, including breaches of sexual harm prevention orders, criminal behaviour orders and restraining orders. Those are not technical breaches; they often represent a continuation of harmful, coercive or threatening conduct, and it is right that magistrates should have the greatest possible flexibility to impose sentences that reflect the seriousness and risk involved. The clause brings consistency to how the offences are treated and allows magistrates to use the full extent of the sentencing powers available to them. Although we will be watching closely to ensure that the expanded powers are used proportionately and in ways that genuinely improve public protection and victim confidence in the system, we agree that the clause is a sensible provision, and we will support it.
Question put and agreed to.
Clause 12 accordingly ordered to stand part of the Bill.
New Clause 4
Court transcripts of sentencing remarks
“(1) All sentencing remarks made in the Crown Court must be published within two sitting days of being delivered.
(2) All publications must be freely available to all members of the public.”—(Mike Wood.)
Brought up, and read the First time.
Alex Brewer (North East Hampshire) (LD)
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.
Alex Davies-Jones
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.
Alex Davies-Jones
With respect, it is very different. These are court documents that can be used in a court of appeal. What we say here is clarified. We email our speaking notes to Hansard. Our comments are checked. The resources are far vaster than for a Crown court in England and Wales, sadly. Therefore, it is not a fair comparison.
Those court transcripts need to be as accurate as possible and legally sound, because people’s lives hang on the line—for want of a better phrase—in terms of whether they are free to go or sentenced, and therefore it is important that they are accurate documents. This new clause would overburden a court system that is already in difficulties, thanks to what we inherited from the previous Government.
However, as I will come to in my remarks, we are looking to make progress in this area. We have extended the pilot for transcripts, and we have made that permanent for RASSO—rape and serious sexual offences—victims, because we recognise how important it is for victims to have them. We are looking at a way of doing it, but the timeframe given by this new clause is just not possible or workable under the restrictions that we currently have within our court system.
Similarly, new clause 12 would introduce a statutory entitlement to all victims of crime to request certain specified court transcripts: transcripts of sentencing remarks, judicial summings-up, bail decisions and conditions relevant to the case. As with new clause 4, providing those free of charge within 14 days of making that request would have significant cost implications and place a significant burden on the courts and the judiciary.
However, as I have said, I want to reassure members of the Committee that the Government are working to improve access on court transcripts and ensure that free provision is focused on victims who need it the most. Bereaved families of victims of murder, manslaughter and fatal road offences can request a judge’s sentencing remarks for free, and between May 2024 and 2025 the Ministry of Justice ran a one-year pilot that enabled victims of rape and sexual offences whose cases were heard at the Crown court to request a free transcript of the judge’s sentencing remarks in their case.
Victims of these offences were chosen because of the particular trauma that attending court can cause for them, resulting in a particular benefit in receiving a copy of the remarks—delivered in a sentencing hearing that they might find it difficult to attend for very understandable reasons—given the impact that those remarks can have on their recovery and in helping them to move on with their lives. Following that pilot, we are pleased to announce that victims of those offences will be able to request free transcripts on an ongoing basis. We are also exploring opportunities for the use of artificial intelligence in reducing the future cost of transcripts, and there is no doubt that the Government are taking action on this important issue.
I hope I have reassured hon. Members. I am happy to work with them, as we have with Members across the House, to ensure that we get this right, but it is important that we get this accurate, and get it right, because there is a lot at stake in providing these court transcripts. Therefore, it is important that we do it holistically, rather than just immediately, because of the impact that that could have.
Mike Wood
I thank the Minister for her remarks, but it does seem that, particularly with the use of AI, as she has said, releasing an initial transcript need not be overly onerous. Obviously, after having got that initial release, the measure would allow for a definitive recording to be produced at a later time if an appeal was to be based on that. I do think that making these transcripts available is in the public interest, so we would like to press new clause 4 to a vote.
Question put, That the clause be read a Second time
Mike Wood
I beg to move, That the clause be read a Second time.
New clause 7 calls for a review of court delays and their impact on victims to be conducted within six months of the Bill becoming law. Clearly, the impact of covid on our Crown courts in particular is still being felt within the system. Prior to covid, the Crown court backlog was actually lower than it had been under parts of the previous Labour Administration.
Due to significant investment in recovery efforts to try to address the backlog since the pandemic, including a provision for Nightingale courts and uncapped sitting days, the previous Lord Chancellor was clear that our last provisionally agreed sitting days were to be seen as a floor, not a cap. We support the calls from the Lady Chief Justice for more sitting days, and regret that the Government have only gone part of the way towards meeting the capacity that the Lady Chief Justice said was available within the court system.
Moving forward, it is important that we keep up the scrutiny to ensure that the court system is operating effectively and in the interests of victims. Delays in the court system are not just administrative; they retraumatise victims, reduce conviction rates and push people out of the justice process altogether. This review is urgent and overdue. If we are truly to put victims first, we must understand and act on the toll that these delays take. The Opposition believe that this review will help to focus efforts on reducing those delays to a minimum.
Alex Davies-Jones
New clause 7 would require the Secretary of State to assess within six months of Royal Assent the impact of court delays on victims. As the hon. Member will be aware, thanks to his previous Government, this Government inherited a record and rising court backlog. Between 2010 and 2019, the Conservative Government permanently closed more than 260 court buildings as part of a wider estate consolidation. Additionally, historical underfunding has resulted in challenges across the estate, with an estimated £1.3 billion maintenance backlog.
As of December 2024, the Crown court outstanding caseload was over 74,000 cases. Sitting levels have never been higher, but even that is not enough to keep up with the increasing backlog of cases. I recognise the human impact that this can have on victims as they navigate those delays. The recent report by the Victims’ Commissioner truly brought to life the impact of the outstanding Crown court caseload on victims, victims services and the wider criminal justice system. It is clear that more must be done, and that fundamental reform is necessary to address the court backlog.
That is why the Lord Chancellor asked Sir Brian Leveson to propose a once-in-a-generation reform. The review is aimed at achieving a more efficient criminal court system and improved timeliness and swifter justice for victims, witnesses and defendants, without jeopardising the requirement for a fair trial for all involved. The review will also consider the most appropriate and proportionate ways of dealing with cases before the courts, as well as how processes through charge to conviction or acquittal could be improved to maximise efficiency. We expect the review of the report on options for long-term reform in the coming weeks and findings on court efficiency in autumn 2025.
Mike Wood
I beg to move, That the clause be read a Second time.
The new clause addresses the rules on victim personal statements, about which we heard much in the evidence sessions. There is clearly a desperate need for reform to allow victims to properly and accurately communicate the impact that crimes have had on them. Our new clause introduces a right to be heard for those victims and for families making victim personal statements. We heard appalling stories of traumatised family members, such as Becky and Glenn Youens and Jeremy and Susan Everard, who were told that, no, they could not say what they wanted—they could not say anything derogatory about the guilty offender.
Victim personal statements are not appropriate platforms for gratuitous abuse, but the focus needs to be on allowing the voice of victims, rather than worrying too much about the hurt feelings of the convicted offender. The new clause would ensure that victims can speak freely with the most minimal restrictions possible. We can fairly ask the judge to consider what can and cannot be taken into account for sentencing rather than removing or censoring everything in advance. It is time that we uphold the voices of victims and provide them with the platform and the dignity that they deserve.
Alex Davies-Jones
I thank the hon. Member for new clause 8, which would require the Secretary of State to issue revised guidance on victim personal statements to change the legal position on what they can include. First, let me say that I recognise that victim personal statements are a powerful tool for victims and their families to have their voices heard, and give them the opportunity to tell the court about the impact that a crime has had on them.
The victim personal statement is also important for the court’s sentencing decision. It provides evidence to assist the court in determining the seriousness of the offending as part of a sentencing process. It is right that victims have the opportunity to be part of that. However, it is also right that that be done fairly, which means that the usual rules of evidence must apply.
The hon. Member should be assured that I have heard from victims and their families on their concerns about their experience of the personal statement process. I have already committed to those families that I will look into the matter further. However, his drive to bolster the victim’s voice risks weakening the role that it can play in a sentencing process.
On a practical point, I do not believe the new clause will achieve the desired effect. The criminal practice directions provide the legal basis for a victim personal statement in the context of sentencing. Criminal practice directions are issued by judges, not Ministers. The legal position is then reflected in publicly available guidance. The Secretary of State for Justice is not responsible for any of that guidance, nor have they previously issued any such guidance.
Changing this guidance or issuing new guidance will not change the legal position as set out in the criminal practice directions. That is why I urge the hon. Member to withdraw the new clause, and to work with me to better understand victims’ experience of victim personal statements and how these issues might actually be addressed in a courtroom, while ensuring that the criminal justice system operates safely and fairly for all.
Mike Wood
I thank the Minister for her response. This is an extremely important matter that needs to be dealt with in this legislation. I think she said that she wishes to proceed with something that broadly achieves our aims, but which addresses her concerns about the drafting. If she will undertake to work with the shadow Minister, my hon. Friend the Member for Bexhill and Battle, before Report to find a form of drafting that satisfies the new clause’s objectives without what she clearly sees as defects in its proposed wording, we would obviously be happy to work with her and not press the new clause for now. Hopefully, we will have something that we can agree to on Report. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 10
Sentencing guidelines on court fines
“Within 18 months of this Act receiving Royal Assent, the Sentencing Council must revise relevant sentencing guidelines so that the court must award compensation to a victim to the value of items stolen when imposing compensation for the offence of theft, burglary, fraud, or any other crime that has resulted in a financial loss to the victim.”—(Mike Wood.)
This new clause would require the Sentencing Council to revise sentencing guidelines so that a court must impose compensation commensurate to the value of stolen items when issuing fines.
Brought up, and read the First time.
Mike Wood
I beg to move, That the clause be read a Second time.
The new clause seeks to correct a long-standing imbalance in the way in which financial justice is delivered to victims of theft, fraud, burglary and similar offences. It does so by requiring the Sentencing Council to revise its guidelines within 18 months of Royal Assent so that courts must impose compensation that reflects the actual financial loss suffered by the victim. Right now, victims of crime are far too often left bearing the financial burden of the offence, while the offender, even when convicted, is handed a compensation order that does not even begin to redress the damage that has been done, either directly or indirectly.
The result is an insult added to injury. Offenders walk away with a light financial consequence, while victims are left out of pocket and out of luck due to the crimes committed by others. The new clause would shift that balance, not punitively but justly. It would make it a duty, not a possibility, for sentencing to account for what was actually taken or lost. This is not an unfamiliar concept. Courts already have the power to impose compensation orders, but the inconsistency and infrequency with which they do so undermines public confidence in the system. Let us be clear: all the ordinary processes remain in place for pursuing outstanding payments, but why should we not recognise what is actually owed? If someone has a change of circumstance, it may well be that they could quite readily pay what they owe.
Most importantly, this is about victims. It is about restoring faith in the idea that when someone suffers a loss through crime, the justice system stands behind them—not just symbolically but materially by seeking, as far as possible, to provide restitution. The new clause proposes the straightforward but meaningful step of revising the sentencing guidelines so that, where there is a proven loss, it must be reflected in compensation. That is not just fair; it is the very least that victims should be able to expect. I urge the Committee to support the new clause.
Alex Davies-Jones
New clause 10, tabled by the hon. Member for Bexhill and Battle, would require the Sentencing Council to revise its sentencing guidelines so that courts must award compensation to victims to the value of the items stolen when imposing compensation for the offences of theft, burglary, fraud or any other crime that has resulted in a loss to the victim. I have considered the proposed new clause, but I do not consider it helpful in view of the current legislative position, which I will briefly explain.
Courts can impose a compensation order to require an offender to make financial reparations to the victim for any personal injury, loss or damage resulting from the offence. This includes any financial loss sustained as a result of items stolen in cases of theft, burglary, fraud or any other crime resulting in financial loss. Compensation may be ordered for such amount as the court considers appropriate, having regard to any evidence and representations made by the offender or prosecutor. There is no limit on the value of the single compensation order handed down to an adult offender.
The court must also consider the financial circumstances of the offender, in so far as they are known, to ensure they have sufficient means to pay. To do otherwise would create a pointless system of chasing down money that people are unable to pay, causing a cycle of unnecessary harm and emotional distress to victims.
The Sentencing Council has already issued explanatory information on compensation, which outlines these matters to aid sentencers when considering or issuing compensation orders. The proposed new clause, tabled by the hon. Member for Bexhill and Battle, would limit the flexibility of sentences by mandating through sentencing guidelines that compensation must be awarded to the value of the items stolen. The Government are satisfied that the current process allows courts to strike an appropriate balance between seeking reparation for the harm caused to victims and knowing that it is actually enforceable so that victims are not left waiting for unrealistic debts to be paid to them. I therefore urge the hon. Member for Kingswinford and South Staffordshire to withdraw the proposed new clause.
Mike Wood
I thank the Minister for her comments, but there is an imbalance in the system. Whereas convicted offenders may appeal against a sentence, victims do not have a similar ability to appeal against a failure to award full compensation. The new clause ought to be the presumptive starting point for compensation. Full compensation should usually be awarded, so we will press this matter to a vote.
Question put, That the clause be read a Second time.
Alex Davies-Jones
The new clause implies that there is a time limit on the Government’s ability to enforce unpaid fines imposed by the Crown court, and seeks to remove it. I reassure all hon. Members that this is not the case. There is no such limitation on the ability of the criminal courts or His Majesty’s Courts and Tribunals Service to enforce unpaid fines.
We take the recovery and enforcement of fines very seriously, and we are fully committed to ensuring that financial penalties are paid. HMCTS has robust methods in place for doing so, including taking money from a defendant’s benefits and salary, and seizing and selling goods. Courts also have powers to send offenders to prison for non-payment of fines and other monetary orders. The new clause also seeks to empower the Secretary of State to initiate proceedings to recover unpaid fines. However, civil enforcement mechanisms such as charging orders and bankruptcy are already available, and other well-established enforcement options, including deduction from earnings and benefits, are already in place.
Some offenders will do everything in their power to evade payment. They will move home or provide a false address, and there are processes in place to track them down using tracing tools and any legal routes for securing information gathered by other Government Departments and agencies. Bailiffs can be instructed to collect unpaid sums, and we have just launched a consultation on bailiff regulation, including a 5% uplift in fees to support early-stage recovery. We are also investing in the replacement of outdated IT systems to further improve the efficiency of enforcement arrangements.
I support the intention behind the new clause. It is, of course, essential that fines imposed by the Crown court are collected and enforced. There is no time limit on our ability to enforce fines that remain unpaid, and for good reason. Prolific offenders can rack up substantial fines, which they may pay back through deduction orders or other enforcement orders over many months or years. Offenders may be serving time in prison for other offences, which means that any fines that remain payable during that period will not be enforced until they are released.
We carefully monitor performance on the enforcement of fines. In 2023-24, HMCTS collected over £671 million in financial penalties, of which £10 million was for offences committed before 2017. We rigorously pursue money owed, no matter how old the debt. On average, by the time a financial penalty is five years old, 80% of the total imposition will have been collected. The actions we are taking will further improve performance in this area. For those reasons, we urge the hon. Member for Kingswinford and South Staffordshire to withdraw the new clause.
Mike Wood
Given the Minister’s comments, we are content not to press the new clause to a Division at this time. Again, we may return to it at a future stage. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
New Clause 15
Duty to collect and publish data upon sentencing
“(1) At the time of passing a sentence by a judge or magistrate the relevant court must provide to HM Courts and Tribunals Service (‘HMCTS’) the following information regarding the sentence passed—
(a) offence type,
(b) sentence length,
(c) such information about the sentenced individual as the Secretary of State sees fit, which must include—
(i) nationality,
(ii) method of entry to the United Kingdom,
(iii) visa route,
(iv) visa status,
(v) asylum status, and
(vi) country of birth.
(2) HMCTS must collect and collate the information on the basis set out in subsection (1) on sentences passed in the courts.
(3) Once every three months, the Secretary of State must publish statistics based on the information collected by HMCTS under subsection (2).”—(Mike Wood.)
Brought up, and read the First time.
Mike Wood
I beg to move, That the clause be read a Second time.
The new clause was tabled in the name of the shadow Secretary of State for Justice, my right hon. Friend the Member for Newark (Robert Jenrick). It would introduce a new statutory duty for courts to provide structured data on sentencing outcomes, including key information about individuals’ immigration status.
Transparency on crime is critical not only for building public trust in our justice system but for ensuring that we have the right tools in place to understand and respond to the realities of criminal offending. The new clause would create a clear, accountable framework for collecting and publishing sentencing data that sits at the intersection of the criminal justice and immigration systems. By requiring His Majesty’s Courts and Tribunals Service to gather and publish that data quarterly, we would enable policymakers to detect patterns, assess outcomes and develop evidence-based responses. Crucially, it would also strengthen the ability of immigration enforcement to make fair, informed decisions on removals, deportations or protections—decisions that must balance public safety with legal and humanitarian obligations.
Ultimately, the public have a right to this level of transparency. For too long, assumptions have filled the void left by incomplete data. The new clause would replace speculation with facts, and in doing so it would promote more informed policy, more effective enforcement and greater public confidence. I commend it to the Committee.
Alex Davies-Jones
I recognise the importance of transparency when publishing data on foreign national offenders. The hon. Member will know that we inherited our current data collection and publication system from the previous Government. It is interesting that the Conservatives are now keen to make changes, after 14 years in office in which they could have done it themselves.
The Lord Chancellor has been clear. This is important to her and we are reviewing what we collect and publish, and should we decide it needs to change, we will of course enact that. More broadly, we are working to strengthen data collection at court, and we are exploring how we can improve the sharing of immigration status data across the criminal justice system.
We are committed to continually developing the data we publish. We already publish data on the number of self-declared foreign nationals in prison and under probation supervision, and we publish detailed ethnicity data of those prosecuted in court. Recording such data for everyone convicted and sentenced in court, including those for lower-level convictions—those that result in a fine, for example—would represent an additional burden on an already stretched system, but it would also inevitably give rise to a substantial data quality risk.
Courts have no mechanism to verify or validate information provided, nor do they have any mechanism to compel such provision in the first place. The new clause would impose an obligation without any consideration of the infrastructure necessary to deliver it. For those reasons, we are unable to accept the new clause, but we will continue to look at what more we can do to improve the accessibility of information relating to foreign national offenders.
Foreign nationals who commit crime should be in no doubt that the law will be enforced, and that we will work with the Home Office to pursue their deportation. It is worth noting that, since 5 July 2024, more foreign offenders have been returned than in the same period 12 months before under the previous Government. For all the Conservatives’ rhetoric, it is this Government who are getting on with the job.
Mike Wood
Given the Minister’s disappointing response, we will wish to have a fuller debate on Report. I do not intend to press the new clause to a vote now, but we will almost certainly do so at a later stage. I beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
Clause 13
Power to make consequential provision
Question proposed, That the clause stand part of the Bill.
Alex Davies-Jones
Clauses 13 to 16 contain standard provisions that confer powers to make consequential amendments, to set out the Bill’s territorial extent, to make arrangements for commencement of the Bill’s measures, and to set out the Bill’s short title.
Question put and agreed to.
Clause 13 accordingly ordered to stand part of the Bill.
Clauses 14 to 16 ordered to stand part of the Bill.
Question proposed, That the Chair do report the Bill, as amended, to the House.
Alex Davies-Jones
It is customary at this stage in proceedings to say a few words to mark the end of our deliberations in Committee. I welcome that the measures in this Bill command a substantial degree of cross-party support, and I am pleased that the Bill has had the benefit of rigorous scrutiny by members on both sides of the Committee.
I thank the Opposition Front-Bench team, including the hon. Member for Bexhill and Battle—I wish him well in his recovery—for their careful consideration. I pay tribute to all hon. Members who have served so diligently on the Committee and made such thoughtful, valuable and powerful contributions.
I thank you, Dr Murrison, and your co-Chair, Mr Stringer, for keeping us in very good order. I also thank the Government Whip, my hon. Friend the Member for Chester North and Neston. I thank the Clerks and the MOJ officials, particularly Rachel Bennion, Zara Bernard and Hayley Newell, for all of their work. I thank the Hansard Reporters and the Doorkeepers, and I look forward to the debate on Report, which I am sure we will come to soon.
Mike Wood
On behalf of the Opposition, I thank all the Clerks, officials, Doorkeepers and Hansard Reporters. I also thank you, Dr Murrison, and Mr Stringer for your work on this Committee.
There is much that is very positive in this Bill, which is why His Majesty’s official Opposition are pleased to support it. Obviously, there are various points on which we think the Government could and should go further, and we will seek to make the Bill even better on Report. For now, I thank all members of the Committee for their contributions over the past week. I look forward to returning to this debate on Report.
Question put and agreed to.
Bill, as amended, accordingly to be reported.
Victim Impact Statements
Alex Davies-Jones Excerpts(4 months, 1 week ago)
Written StatementsRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)
I am pleased to announce that the Government have commenced another victim-related measure in the Victims and Prisoners Act 2024.
Tomorrow, we will commence Section 21 of the Act, which will bring arrangements for victims of certain offenders detained under the Mental Health Act more closely in line with those for victims of offenders detained in prison whose release conditions are determined by the Parole Board. This has been called for by the Victims’ Commissioner, Baroness Newlove, for some time and will make a real difference to the experience of victims and their families in these processes.
Previously, victims engaging with the victim contact scheme were able to provide their views on discharge conditions for offenders to the mental health tribunal, but were not able to make a statement explaining to the decision makers the impact that the crime had on them—a victim impact statement. Victims are able to give such explanations to the Parole Board through a victim personal statement. Through the commencement of this measure, victims will be able to make a victim impact statement to the first-tier tribunal (mental health) in England, and the mental health review tribunal for Wales, where they are considering discharge of an offender. The tribunal can consider the victim impact statement as part of its decision on what discharge conditions to impose on the offender, but must not consider it for any other purpose.
This measure also requires that, where a tribunal hearing is due to take place and a victim applies to attend that hearing to read their statement, the tribunal should grant the application unless there are good reasons not to. Under the victim contact scheme, victims will have a victim liaison officer, who will inform them of the entitlement, and support them in making a victim impact statement, if they wish to do so. The victim liaison officer will support the victim to consider if they want to read it aloud to the tribunal or have their victim liaison officer do so on their behalf. They will also attend the hearing with them to provide support on the day.
This measure brings victims’ entitlements more in line with those of victims whose offenders are in the prison system, and it is an important way for victims and their families to have a voice in the process, regardless of where the offender is detained.
[HCWS733]