Victims and Courts Bill (Third sitting)

Debate between Caroline Voaden and Kieran Mullan

Thursday 19th June 2025 Public Bill Committees

[Dr Mullan]

It is a pleasure to open this further debate on clauses 1 and 2. In our debate on amendments 13 and 14, we considered how we could improve the way a decision is taken. It is disappointing that Labour MPs did not feel they wanted victims and their families to have a statutory right to be heard in relation to that decision. Amendments 15 and 16 relate to how the decision will be enacted.

A decision, no matter how considered, is of little use if the tools to make it a reality are inadequate. In a further clear demonstration of our commitment to bringing renewed thinking to policy, the shadow Secretary of State and I will always seek to ensure that the balance between criminals and the victims and their families is always tipped in favour of the victims and their families, as far as is reasonable.

Members will, I hope, know that legislation that provides legal protections for those who exercise force, as long as it is not grossly disproportionate, has been on our statute books for some time now, via section 76 of the Criminal Justice and Immigration Act 2008.

[Caroline Voaden (South Devon) (LD)]

Will the hon. Gentleman explain what “grossly disproportionate” means?

[Dr Mullan]

I direct the hon. Lady to the statute book and to the case law that has evolved around that phrase. If the courts, this Government or our previous Government did not think it was a meaningful distinction, I do not know why we would have it on the statute book. It was introduced to provide the greatest possible benefit to those using force, in terms of legal protection and understanding that they would not be unfairly or unduly judged as a result. As I said, it has been on the statute book for quite some time. It is a legally recognised phrase, as distinguished from “reasonable force”.

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[Dr Mullan]

I absolutely believe that people will be violent, which is why we tabled amendment 15 to ensure that officers are able to use the level of force necessary to compel offenders to attend. If we do not do that, what are we going to achieve? The kinds of offenders who have brought this issue to our attention will be more than happy to resist physically. Are we really saying that the purpose of these measures is just to punish people? I do not think it is. I think their purpose is to get people into court for their sentencing hearings. In combination, our amendments would ensure that that happens, or at least make it significant more likely.

[Caroline Voaden]

We absolutely agree that it is preferable to have the perpetrator in court to face justice and hear their sentence. However, I listened carefully to the evidence of Baroness Newlove, who said that we want to avoid this becoming a spectacle and all about the offender. The sentencing hearing is the moment when the victim hears what sentence the offender will get for the crime that they have been subjected to. It is about the victim, and justice for them; it should not become some circus sideshow for the offender to create havoc in the courtroom. Does the hon. Member agree that there is a point at which it is not beneficial to bring the offender into court to create such a sideshow?

Victims and Courts Bill (Second sitting)

Debate between Caroline Voaden and Kieran Mullan

Committee stage
Tuesday 17th June 2025 Public Bill Committees

[Dr Mullan]

Q I will move on to talk about the expansion of the victim contact scheme. Are there resource implications for the service in extending it, and what are your initial views on how capable you will be of meeting those expanded resource requirements?

Chris Jennings: There are some resource implications, but not massive ones that are causing us particular concern at this stage. A lot of the legislation is about bringing work that we already do on to a statutory footing, so we are not adding a huge amount of new work into the system, albeit the helpline is an expanded service that will be new. However, for the victim contact scheme, there is nothing massive, and we have published an impact assessment that sets out our views on that, and the numbers of new staff and resources are not massive.

Kim Thornden-Edwards: We already operate with a helpline that addresses some aspects of this. We would be looking to build on and expand the resources into that helpline. We already have resources in place, so it will just be about building out from that. As Chris says, our impact assessment so far does not indicate that a significant uplift in resources will be required, but we will keep that under review.

[Caroline Voaden (South Devon) (LD)]

Q To follow up on the previous question, there are long-standing concerns about staffing levels in the Probation Service. As the Bill will bring more victims under the auspices of the victim contact scheme, more victims might use it. You sound pretty confident that you will be able to manage that, but if you are already facing staffing challenges, how do you think that will look if a lot more victims suddenly want to use that scheme and helpline?

Chris Jennings: We have staffing challenges in different ways in the Probation Service. Victim liaison officers are a particular group of staff that we recruit through a particular route. It is not the same route that we recruit probation officers through, and that is not the same route that we recruit unpaid work supervisors through. There are different role types within the service, and some of them are under more pressure than others. VLOs are not one of the areas where we are under most pressure, despite your description being absolutely true for some of the other areas.

There is also a geographic spread of where we are under pressure operationally; it is not the same everywhere. Some places are very well resourced and some are less well resourced. Those combinations lead us to a place where we do not think that resourcing should be the thing that holds us back from making a success of this. Of course, we have to pay close attention to it, because if the numbers go up more than we anticipate, we will need to make sure that we resource that adequately, but we are not hugely worried about it at the moment.

Kim Thornden-Edwards: The victim contact scheme is a discrete service, so we do not transfer staff across or expect people to do a multiple brief on it. It is a discrete service that we recruit to separately. Our recruitment of victim liaison officers has been on an upward trajectory over the last 10 months. The banding and grading, and therefore the salary, of victim contact officers also increased last year, so we anticipate that there will be further uptake in terms of recruitment. Across the Probation Service, most grades saw an increase over the last year, so we are generally on an upward trajectory for staffing. You may be familiar with the Lord Chancellor’s announcement that we will look to recruit a further 1,300 probation officer staff during this financial year. We anticipate continued significant growth of probation areas over the period of the spending review.

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[Dr Mullan]

Finally, I just point out again that our amendment addresses the issue of making threats, for example. Those are things that you cannot do anyway, in terms of free speech, so our amendment covers that issue also. I encourage the Minister to look at our amendment again more closely, to see whether she can support it.

[Caroline Voaden]

Q I would like to talk about the measures to change parental responsibility. Could you tell us why the provision in the Bill applies only to people who have been convicted of offences against their own children and not serious sexual offences against other children?

Alex Davies-Jones: I am happy to clarify the Government’s thinking behind why we have kept this measure quite tight. It is important to say at the outset that there are other mechanisms to remove parental responsibility from offenders and perpetrators, and those mechanisms will still remain, such as the family court process.

What this measure does is quite novel: it removes parental responsibility at the point of conviction in the criminal courts, and it is an untested measure in doing so. It is important that we can see the impact this will have on victims, survivors and, first and foremost, children. It is important to stress that perpetrators will be able to appeal this through the family courts, and they will be able to apply for legal aid through the system as a result of this.

Therefore we feel that, at this point in time, it is important to keep such a novel approach quite tight. That is why we have chosen to restrict it to offenders who have been committed of any sexual offence against their own children and been sentenced to four years or more. We are not saying that we would not be open to expanding it in the future, but, as I think we heard quite clearly throughout the evidence sessions today, we must consider the impact this could have on the family court system as it currently stands.

The family court is under immense pressure. Sadly, another element of the criminal justice system that we inherited from the previous Government is the immense pressure from the backlog. You also heard about the issues that currently stand within the family court, and how many victims and survivors, particularly victims of domestic abuse, feel that it retraumatises them. I would not want to put any other victims through that process, and that is why the Government have chosen to target this measure, as a starting point, at that specific cohort. We feel it is a novel approach; it has never been done this way, and so we have chosen to be quite specific with it.