(6 days, 4 hours ago)
Commons Chamber
Jess Brown-Fuller (Chichester) (LD)
My question follows on from that of the Chair of the Select Committee. In 2024, 39% of family court proceedings involved neither party being legally represented; in cases of domestic abuse, this forces victims to relive their experiences and confront their trauma repeatedly. The provision of legal aid in such cases is wholly inadequate, which presents an unacceptable barrier to many victims accessing fair and effective legal representation. Does the Secretary of State agree with me and the Domestic Abuse Commissioner that legal aid should be provided in all domestic abuse cases to end self-representation and protect victims from retraumatisation?
The hon. Lady is right that legal aid is important, but, in some cases, so is mediation. I would refer her to the pathfinder pilot, which is hugely important in relation to private family law. We are looking closely at provision, but we are also looking closely at the workforce, because as with criminal legal aid, we have seen lawyers—particularly younger lawyers—leaving that area of practice.
Jess Brown-Fuller (Chichester) (LD)
Andrew Turner has been fighting on behalf of parents of disabled children across the country who cannot access their children’s trust fund when their child turns 18, even though that money could provide support for the additional cost of living that comes from being a profoundly disabled young adult. Andrew has seen 10 Justice Ministers come and go since he started his campaign. Will the Minister assure me that the current Minister will be the last one Andrew has to meet before the situation is remedied?
Sarah Sackman
I met Andrew Turner, who is a tireless campaigner; we were embarking on the work that is necessary to support families like his, and those that he represents. I have personally undertaken to ensure that this work continues, irrespective of which person is sitting in the chair. I will follow up not just with Andrew, but with his very dedicated MP, the hon. Member for Horsham (John Milne).
(2 weeks ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Jess Brown-Fuller (Chichester) (LD)
The Liberal Democrats agree that under the current system victims and survivors of rape are being failed and far too few see justice served. However, for those victims who do decide to proceed through the justice system, fewer than 10% withdraw after a charge has been made, so the Deputy Prime Minister’s standing in the Chamber and using an assessment of the data to justify his reasoning for removing jury trials does not hold up to scrutiny.
It seems that a number of the Deputy Prime Minister’s Back Benchers, including the former Deputy Prime Minister, the right hon. Member for Ashton-under-Lyne (Angela Rayner), agree with the Liberal Democrats that the delays that plague our system will not be addressed by reducing jury trials, with the Government neither diagnosing the cause of the crisis nor providing the solutions to the record backlog. How do the Government justify restricting jury trials when backlog issues are caused by court mismanagement and broken private contracts rather than the jury system, as identified and confirmed by those working in the system from all sides? Will the Minister confirm which stakeholders, including victim support organisations and legal professionals, have been consulted on the reforms? What feedback has she received?
Sarah Sackman
I will answer the hon. Member’s last question first. All the bodies that she referred to—victim support, victims’ organisations, the legal community, the Bar Council and the Law Society—have engaged over many months, first with the independent review of criminal courts led by Sir Brian Leveson, and indeed now with the Ministry of Justice. That engagement is happening all the time.
On those who represent victims, the incoming Victims’ Commissioner has said that the system is broken and there is need for bold reform. The bold reform recommended by Sir Brian Leveson’s review is precisely the proportionate reform—radical, yes; and necessary, yes—that we are going to pursue.
On the hon. Member’s comment about victims and the significant figure of 60% of rape victims pulling out of cases, there are many reasons that victims pull out. It is difficult to know exactly what is going on in a victim’s head at any one time, but we all know how lengthy the delays are in our courts, and everyone is aware how retraumatising the court process can be. We know from Rape Crisis, for example, that one in three sexual offence trials is the subject of adjournment, so there is not just delay but victims thinking they have a trial date only for that to be put off. No one can say that that is defensible. For many, the fact that their case might not come to court for years is key to their withdrawing from the process, at whatever stage, so it is material to the context. That is why action needs to be taken.
As the Crown Prosecution Service data discussed at the Justice Committee has brought forward, one striking statistic shows the need for action: there were more than 4,000 cases that could have been heard in the magistrates court, but our current system privileges the defendant’s right to insist on a jury trial with the greater length of time that that takes. As a result, the person who has stolen a bottle of whisky or a bunch of flowers—a low-value item—has every right to insist on a jury trial, and is then stuck in the same queue as serious crimes such as rape, murder and kidnapping. That is exactly how this works. And that is exactly why, on Sir Brian’s expert recommendation, we are seeking to remove such cases from the queue and reassign them to where they can be better and more swiftly dealt with in the system, so that we can come to the most serious cases more swiftly.
(2 weeks, 6 days ago)
Commons Chamber
Jess Brown-Fuller (Chichester) (LD)
The Government’s plan, announced today, to reduce the use of trial by jury would be an historic upheaval of our court system, with profound consequences. The Justice Secretary has not argued in favour of judge-only trials on their own terms; instead, he has argued that there is no alternative, which is simply not true. Many within the legal profession have argued that removing trial by jury is a misdirection from the multitude of problems that underlie the backlog.
Those problems, caused by years of Conservative mismanagement, have resulted in countless wasted hours of sitting time and in victims failed time and again. Perhaps the defendant does not arrive in court because of the broken private contract, there is no interpreter, the witness care unit forgets to tell witnesses to attend, key evidence is not served until the day of trial so the defence has no time to consider it, or there are not enough court staff to manage security on the door, so the trial runs late. Maybe our crumbling court infrastructure means there is no running water, a broken lift or even a flooded courtroom. We need a real solution to tackle these issues that plague our justice system, but instead the Justice Secretary intends to remove a huge number of jury trials, despite his previous opposition to that, all while the Ministry of Justice capital budget is being cut by 3% in real terms every year.
While I welcome the £500 million investment in victims and witness support over three years, the total courts maintenance backlog is estimated at £1.3 billion. Where is the investment to fix the collapsing infrastructure in the justice system? Will the Justice Secretary consider reopening many of the Crown courts closed under the Conservatives, including mine in Chichester? As he confirmed to the media today, an entire jury’s worth of prisoners have been released in error in recent weeks. Does the Secretary of State have confidence in his Department to oversee such an extreme and radical reform when it is not even getting the basics right?
The hon. Lady mentions a range of issues that are important in ensuring that our 80 or so courts and 500 courtrooms are working effectively. That is why we have asked Sir Brian Leveson to look at efficiency as part 2 of his review. We need not just our courts but the Crown Prosecution Service and our police to work together at a reasonable level to deliver that improvement.
When we think about either-way cases, I think that it is legitimate for the Government to take a view on whether, for example, a driving licence fraud, fly-tipping or the theft of a bike requires a jury trial that will last for about two days, or whether those cases can be dealt with by a magistrate or a judge. I know that the hon. Lady is committed, like us, to bearing down on violence against women and girls. It cannot be right that if someone is charged with an offence such as theft of a bicycle, theft from a vehicle or employee theft, they can opt for a trial that, by necessity, goes into the system and will delay a rape trial, a murder trial or something like that. That is the balance of the decision that I have sought to make. I think that the Government have made the right decision in implementing Sir Brian’s review.
(3 weeks, 4 days ago)
Westminster HallWestminster 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
Jess Brown-Fuller (Chichester) (LD)
It is a pleasure to serve under your chairmanship, Ms Jardine. I thank the hon. Member for Isle of Wight West (Mr Quigley) for securing this timely and poignant debate, highlighting that children in their own right are victims of domestic abuse, and sharing some powerful words from his constituents. That is never easy to do, and I commend him for that. Children should be growing up in a safe and loving home, free from violence and fear, and that is not the case for so many. The hon. Member shared a really powerful phrase—domestic abuse does not affect one generation; it echoes through the next. By the end of my speech today, the police will have recorded 11 more instances of domestic abuse. Every 40 seconds, a call is made to the authorities reporting a domestic abuse incident, but analysis shows that only one in five victims of domestic abuse will actually make a report.
The Office for National Statistics estimates that there were nearly 4 million victims in the year ending March 2025; 800,000 cases were recorded in that year. Of those 800,000 cases, only 41,000 offenders were actually convicted. Behind those shocking statistics are women and men who are living in fear, and children, scared for their parent and often for themselves and their siblings. As the hon. Member for Lowestoft (Jess Asato) said, these are often our nation’s hidden children.
Failure to protect children should be at the forefront of our minds as policymakers. That is why I absolutely share the Government’s ambition to halve violence against women and girls throughout the duration of this Parliament, thus protecting more children from harm.
The Liberal Democrat campaign, led by my hon. Friend the Member for Eastbourne (Josh Babarinde), who grew up in a household experiencing domestic abuse, led to the Government introducing a domestic abuse identifier at sentencing. I thank the Government for working so constructively with my hon. Friend to see that realised in the Sentencing Bill. It will allow the Government to track the data more efficiently and to understand how many domestic abuse perpetrators are currently serving a custodial sentence. It will allow the Government to exclude those abusers from any future early release schemes, and it will show whether the Government’s reducing reoffending programmes are leading to a reduction in reoffending rates of domestic abuse.
We Liberal Democrats have also called for an expansion of the high-quality perpetrator programmes within prison settings to prevent repeated harm. That is not the end of our ambition to better protect victims of domestic abuse. I hope that the collaborative relationship to tackle the issue continues across the House, because there is so much more that can be done.
The system to protect victims and their children is currently disjointed. Often, the gaps in provision are filled by the incredible voluntary sector and charitable organisations. In my constituency of Chichester, organisations such as My Sisters’ House, Paragon and Safe in Sussex, as well as Lifecentre, provide exceptional support to those who have suffered at the hands of domestic abusers.
The reality of increased costs associated with running those organisations, alongside an increasing number of cases, means that those organisations recognise that they could be supporting so many more victims. As the hon. Member for Isle of Wight West alluded to, with more families coming forward and children being rightly identified as victims of domestic abuse, the numbers are rising.
We need sustainable funding for support services for survivors, including multi-year settlements, so that organisations can plan for longer term programmes, rather than waiting to find out if they can continue to support victims in their area every year.
Mr Forster
Surrey is further advanced than Sussex in local government reorganisation. Something I am experiencing in my constituency that I fear my hon. Friend will soon see in hers is that charities such as Woking’s Your Sanctuary women’s refuge are really nervous about LGR. We do not yet have multi-year settlements, and it is almost impossible to even get a one-year settlement out of an authority that does not yet exist or is about to wound up. Does my hon. Friend agree that the Minister needs to take that point away and ensure that LGR does not hurt the funding that supports women and girls?
Jess Brown-Fuller
My hon. Friend makes a really important point about local government reorganisation. Voluntary and charitable sector organisations rely on local authority funding and Government funding—they rely on multiple streams of income. I plead with the Minister to make sure that the Government funding, at least, is secured beyond one year, so that these organisations have the reassurance during LGR that they will be able to maintain their provision in some sense.
We also need a statutory definition of honour-based abuse, and better training for police, social care and education professionals. In every police force, we need specialist violence against women and girls taskforces, and every force should undergo training via Naturewatch on the links between domestic abuse and the abuse of animals. Perpetrators of domestic abuse identify the special bond people build with their pets and can use that to exert control over partners or children. Across the country, we have seen cases where warning signs were missed, reports were ignored and opportunities to intervene were tragically lost. The programme run by Naturewatch has been taken up by police forces across the country, including the Metropolitan police and Sussex police, but we should encourage every force to take it on, as there is a direct link between the treatment of animals and domestic abuse. We must set up support services so that they are in the ideal position to listen to a child crying out for help, no matter how hard it is to hear them.
We in the Liberal Democrats are also extremely concerned by the chronic underfunding of children’s social care. After a decade of cuts to local authority budgets under Conservative Governments, many councils have been forced to scale back their early intervention services. I have been told by those working in the sector that they feel like they are firefighting every day, rather than spending the time they so desperately want to spend with the families they could prevent from entering crisis. Instead, they are dealing with mounting caseloads, burnout and an inability to resource their departments properly. This is short-sighted and dangerous. Tragically, too often, the consequences are felt too late.
The report into the heartbreaking case of Sara Sharif is a damning indictment of Surrey county council’s failure to protect a young girl from her abusers. My hon. Friend the Member for Woking (Mr Forster) made a passionate plea for the recommendations of the safeguarding review to be explored by the Government so that lessons can be learned nationally. Early support does prevent crises from escalating, it protects children who witness domestic abuse in their household, and it identifies risks at the earliest opportunity.
The Liberal Democrats have long called for greater integration between health and social care, with far more involvement from local authorities in the planning, commissioning and delivery of services. This must include education settings, which play a vital role in identifying situations where abuse may be present. We need to ensure that training and support for teachers is readily available, so that they can spot the signs and call for help. Teachers have an increasingly challenging role in our complex environment: they are not only teachers but, quite often, caregivers and social workers. They may be the only lifeline that a child has, so they need to be able to spot the signs of domestic abuse, be they misbehaviour, withdrawal or a failure to engage in the classroom. In addition, as the hon. Member for Dulwich and West Norwood (Helen Hayes) mentioned, it is so important to have education campaigns so that children understand and can spot the signs of what is not a happy household, and understand what is normal and what is not, and what they should and should not put up with.
Another vital part of the picture is the family court system, which plays a key role in protecting children from situations where domestic abuse is present while also considering the importance of keeping families together. It is a desperately difficult job, yet there have been a number of situations where the system has failed and, frankly, we are only seeing the tip of the iceberg. I thank the Government for their recent steps, including removing parental responsibility from those convicted of the most serious sexual offences, as was mentioned by the hon. Members for Stafford (Leigh Ingham) and for Dulwich and West Norwood. Campaigners fought hard for that change, and it is welcome. Could we also consider removing parental responsibility from those on bail, to ensure that individuals capable of committing horrendous abuse are kept away from their children as early as possible?
With that in mind, what are the Government doing to integrate health and social care services across the country to ensure that as much protection as possible is provided for vulnerable children and families? What are the Government doing to raise awareness of the warning signs of a child living in a household with domestic abuse? When will we see further legislation to deal with the rising issues in our family court system? Will the Government consider specific measures to keep those on bail on charges of offences against children away from their children? The Liberal Democrats stand ready to work with Members in all parts of the House to ensure that every child is protected, every survivor is heard and every perpetrator is held to account.
(3 weeks, 4 days ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
Jess Brown-Fuller (Chichester) (LD)
The leaked memo from the Ministry of Justice, which reveals plans to rip up our criminal justice system, is particularly surprising, given that the Deputy Prime Minister himself has stated that “Jury trials are fundamental”. In a report that he wrote, he called jury trials
“a success story of our justice system”.
Juries are not the cause of the court backlog; that was complacency from the former Government and a failure to grip the issue by this Government, totally failing the victims who are currently waiting. Will the Minister clarify whether this MOJ proposal is a suggested temporary emergency measure or a permanent erosion of our criminal justice system? Does she share my concern that the Office for Budget Responsibility is showing a real-terms cut of 3% a year to the MOJ’s capital budget after the Budget yesterday? Does she agree with the Deputy Prime Minister’s diagnosis from opposition that the Government should
“pull their finger out and acquire empty public buildings across the country”
in order to clear the backlog?
Sarah Sackman
As the hon. Member heard me say a moment ago, the constitutional right that we guarantee every citizen in this country who comes before our criminal courts is the right to a fair trial. When victims are waiting for years for their day in court, right now justice is not being served. When the Secretary of State made those comments, it was obviously in a very different context, not one where the Conservatives had allowed the backlogs to run out of control. As I said clearly earlier, the right to a jury trial and the jury trial will always be a cornerstone of the British justice system. That will not change. It does not change in Sir Brian’s report, in which he recommends the restriction of jury trials in certain cases, and it will not change in the plans that the Government are bringing out. She is right that we need a combination of structural reform and investment and, indeed, we are making that investment. We have increased capital investment in court maintenance and buildings to £148.5 million. We are opening new criminal courts, for example in central London, in Blackpool and in other parts of the country. We have to build system capacity, with more judges, more lawyers and more staff to man those cases, but ultimately we must be laser-focused on the need to deliver swifter justice for victims. In order to do that, we will, in due course, in response to Sir Brian Leveson’s recommendations, bring forward very careful plans that protect people’s rights, including that right to a fair trial.
(1 month, 1 week ago)
Commons Chamber
Jess Brown-Fuller (Chichester) (LD)
If the situation was not so serious, it would be laughable. It seems like people currently have tougher checks to speak to an adviser at His Majesty’s Revenue and Customs or to get a GP appointment than offenders have to be released from prison.
Since the mistaken releases of recent weeks, I have heard horrendous reports from prison officers inside prisons of prisoners being identified by low-quality black-and-white photographs printed on paper and a few basic questions on personal information—information that could be readily shared between inmates—before being cleared for release. That is not good enough, especially when we now have biometric technology that is used for visitors to prisons but not for inmates. We cannot be reliant on an honour-based system that depends on the good will of convicts to hand themselves in, and police forces certainly do not have the spare capacity to conduct regular manhunts for people who should still be locked up.
After the release of Hadush Kebatu, the Deputy Prime Minister promised enhanced security checks, yet some of society’s most dangerous individuals have still ended up on our streets. Will he now spell out what those enhanced checks actually involve and whether biometric testing is used routinely to confirm a prisoner’s identity before release? Can he confirm what training prison officers receive before managing prisoner releases?
Like most of the justice system, our prison system was mismanaged and underfunded by the previous complacent Conservative Government, so we appreciate that the Labour Government inherited this mess. However, the number of mistaken prisoner releases has risen sharply on their watch and they cannot continue to risk public safety, particularly given that it took them a whole seven days to realise that a prisoner had been mistakenly released and that they are seemingly blaming an email being unread for the most recent error.
Can the Deputy Prime Minister confirm how long the Ministry of Justice has known about the three prisoners at large and how long the police have been trying to find them? The Deputy Prime Minister has promised the public an investigation, but they cannot wait months for answers while their safety continues to be put at risk, so what immediate action can he take today to ensure that dangerous criminals stay behind bars and that these mistakes stop once and for all?
I say to the hon. Lady, who reflects on the releases in error, that 57,000 people are released from prison every year. I am sure that, like me, she will commend the good work of prison officers and those in offender management units across our prisons, who do a very difficult job in very difficult circumstances.
The hon. Lady refers to the complexity. The last Government kept expanding their emergency release scheme—from 18 days to 35 days, and then to 70 days. In 2021, a review found 503 pages of guidance that staff had to follow for early release. It is a paper-based system. I cannot stand here as Secretary of State and say that we can eradicate all human error in a paper-based system, because we cannot. The only way to deal with it is to use technology to bring those levels down to something that the House would think is acceptable. I want to see the figure come down to historic levels over the course of this Parliament. It will of course take further investment, but I hope that the £10 million investment in the new digital team, and indeed the support that we are now offering between courts and prisons, will make a substantial difference.
The hon. Lady asks me what I am doing. I am delivering a new justice performance board, Dame Lynne Owens’ review, the urgent query process that I have outlined, the digital rapid response system and, of course, a simplified release policy, which is effectively what will come out of the Sentencing Bill.
(1 month, 1 week ago)
Commons Chamber
Jess Brown-Fuller (Chichester) (LD)
Like much of the justice system, the Probation Service is buckling under the strain after a decade of being undervalued by the previous Government. The injection of £700 million by 2028 was welcomed last year, but it has yet to be felt on the frontline of probation, which is estimated to be 10,000 staff members short. Given that the Sentencing Bill and a presumption against short sentences are bound to put additional pressure on the Probation Service, what is the Secretary of State doing to ensure that the service can work efficiently to properly manage offenders in the community?
I am very grateful to the hon. Lady for raising this issue. It was important that we exceeded our target of 1,000 officers last year, and we have to get those 1,300 officers in place. The £700 million must be spent by the end of the spending review. It is important that we bear down on getting AI across the service and that we introduce new technology, because it is only by doing so that probation officers can do what they want to do: get back to face-to-face and personalised care.
Jess Brown-Fuller (Chichester) (LD)
Reports by charities and the Domestic Abuse Commissioner show that the family court system, which is plagued by delays, continues to provide the perfect environment for perpetrators of domestic abuse to continue to coerce and control. Training in identifying the signs of domestic abuse is not currently mandatory, so when will the Government bring forward legislation to reform the family court system, and when will they make domestic abuse training mandatory for all in the family courts?
I thank the Liberal Democrat spokesperson for that question. She will be aware that this Government have announced that we will repeal the presumption of parental contact when parliamentary time allows—that is a priority. It is also a priority for this Government that we do all we can to protect victims of domestic abuse in the family courts. That is why we have introduced our domestic abuse protection orders pilots. However, she will know that the judiciary are independent. Training for them is a matter for the Judicial College, but we are working closely with the judiciary to ensure that they can spot the signs of coercive and controlling behaviour, so that we can do all we can to protect victims of these crimes.
(1 month, 3 weeks ago)
Commons Chamber
Jess Brown-Fuller (Chichester) (LD)
As the House has heard repeatedly in recent weeks, our justice system is crumbling under the strain in our courts, prisons and probation services, bulging at the seams, stretched to the limit and ultimately failing all who come into contact with it. It is not adequately punishing criminals, not rehabilitating them, and not protecting victims and survivors. Confidence has been slowly eroded and undermined. This has to end. The Bill provided ample opportunity for us to address these issues, with scope to consider how we tackle the looming projection of a prison population of over 100,000 in just three years’ time. I am disappointed that such a large Bill, which makes fundamental changes to sentencing, was not given the line-by-line scrutiny that a Bill Committee, rather than a Committee of the whole House, could have afforded it.
The Liberal Democrats are supportive of many of the steps taken in the Bill, and, in the spirit of working collaboratively on a crisis that affects us all, we have tabled a number of amendments that seek to improve and strengthen it. For example, we welcome clause 3, which would give courts the power to order offenders to make monthly payments from their income, and we have tabled new clause 3 to ask the Government to assess whether income reduction orders could be used to fund victim support. On the topic of financial penalties, new clause 33 would create a power for sentencing courts to require offenders to make periodic payments or other contributions towards the maintenance and welfare of their dependants, ensuring that their responsibility to provide support is not automatically void during a custodial sentence.
Creating a presumption of a suspended sentence for terms of under 12 months is a measure for which the Liberal Democrats have long campaigned. It is a necessary step to reduce prison overcrowding, but it also plays a vital role in reducing reoffending, with rehabilitation offered in the community. Sixty-two per cent of those serving custodial sentences of less than 12 months go on to reoffend, but only 24% reoffend if they are given a suspended sentence or a community order. We do not need to send offenders to prison to become better criminals; we need to support them to become better citizens. Creating a rehabilitative system will, in the long term, reduce costs, protect victims and ease the pressure on our public services. The work of our justice system should be centred on that goal, for the good of all.
To that end, new clause 12 would allow and facilitate access to rehabilitative programmes, education, therapy and other support for prisoners held on remand before their sentencing hearings. As of June this year, 20% of the prison population are on remand and yet to have their sentencing hearings. With court backlogs at an all-time high, we see offenders arriving at their sentencing hearings, receiving their sentences, and then heading straight home because of the length of time that they have served on remand. Remand prisons are often overcrowded, and typically suffer from understaffing and inadequate facilities. These prisoners should be offered the same level of support as sentenced prisoners if we are to reduce the levels of reoffending.
We are, of course, supportive of the identifier that was included in the Bill following the work of my hon. Friend the Member for Eastbourne (Josh Babarinde), in collaboration with the Government. I commend his hard work and determination to make tangible changes for those who have experienced domestic abuse, providing greater confidence that their abusers will be dealt with suitably in the system, and I thank the Government for their constructive engagement with him on this issue. However, our campaign does not end there. New clause 8 would ensure that domestic abuse was treated as an aggravated offence, reflecting the severity and the long-term impact of such crimes on victims. New clause 9 asks the Government
“to carry out an assessment of the potential benefits of creating mandatory rehabilitative programmes”
to tackle violence against women and girls, for individuals sentenced to offences such as assault, battery and actual bodily harm when the victim was female.
We have also tabled a number of amendments relating to the Probation Service, because none of this means anything if probation is not properly resourced. I know that the Government will refer to the £700 million of additional funding, but it is not yet being felt on the frontline of probation, where the situation remains as described by His Majesty’s Inspectorate of Probation earlier this year. According to the inspectorate, the service
“has too few staff, with too little experience and training, managing too many cases.”
Without maximum caseloads, we open ourselves up to a higher risk of human error and also a more cautious approach to recalling, because staff simply do not have the capacity to manage people in the community effectively.
Probation officers believe fundamentally in rehabilitation and in supporting offenders to reintegrate into society, but I must raise some serious concerns around the removal of the existing short-term and standard recalls in favour of a 56-day blanket recall for all offenders except those identified through a multi-agency public protection arrangement.
For example, under the current guidance, somebody who might be engaging with mental health services in the community but not attending their probation appointment—somebody who is therefore non-compliant with their agreement—would be recalled for 28 days under a fixed-term recall. That means that, if they are in temporary accommodation, as we know a lot of people coming out of prison are, the likelihood is that the accommodation will still be there when they have served their fixed term, and they can re-engage with the programmes in the community that they were already on.
Under the new arrangements, though, in the same circumstances, somebody recalled for 56 days would be coming out and, in effect, starting again, having lost their accommodation arrangements and their place on the community programme with which they were engaging, as places are typically only held for up to four weeks. The likelihood of them then going on to reoffend—in a cycle—will increase, and we will see the same people being recalled.
At the other end of the spectrum, if a serious offender breached their licence by intimidating, harassing or stalking their victim, instead of receiving a standard recall, which would last until the end of their sentence, they would be returned to serve just 56 days. Those who in probation are classified as medium-risk offenders—that covers the majority of offences related to violence against women and girls, including domestic abuse perpetrators and stalkers—would not come under the Government’s proposed exclusions relating to MAPPA levels 2 and 3.
On Monday in this Chamber, we spoke at length and there was consensus across the House that we needed to do more to support victims, but the recall measures in the Bill directly contradict that desire. There is a serious omission, which we are extremely concerned will lead to the release of dangerous criminals on to our streets, who will then continue to reoffend. New clause 31 would ensure that offenders who have committed certain serious offences would not be eligible for automatic release following a fixed-term recall, and I implore the Minister to go away and look at that proposal.
This Bill provided a great chance to address some key issues in our justice system, and it showed signs of life, taking an innovative approach to some issues, but it ultimately lacks vision and, expectedly, funding. I thank Members for their engagement, and encourage them to support new clause 12.
Amanda Martin (Portsmouth North) (Lab)
I am pleased to support this vital Sentencing Bill, which represents a significant step towards protecting victims and delivering justice.
I would like to draw Members’ attention to new clauses 8 and 31 and amendment 1. The Conservatives claimed to be champions of law and order, yet their record was of lawless disorder. After 14 years in power, they increased sentence lengths without planning the prison places to uphold them, delivering just a few hundred spaces while violence, drugs and chaos spiralled across our prison estates. They left our justice system on the brink, and forced the early release of more than 10,000 offenders in secret, shattering public confidence.
This Government are taking a different path. We are delivering the largest prison expansion since Victorian times; 2,500 new places are already open and we are on track for 14,000 by 2031. We will ensure that we will never again run out of prison capacity. We must also make prisons work. That means punishment that cuts crime through earned release, tougher community sentences, intensive supervision and proper rehabilitation that turns offenders away from crime for good.
Central to making sentencing work is protecting victims, not just at the point of conviction but every day thereafter. I thank the hon. Member for Chichester (Jess Brown-Fuller) for highlighting the important issue of domestic abuse in new clauses 8 and 31. The Bill introduces a powerful new mechanism under clause 6, “Finding of domestic abuse”, by ensuring that, once the court is satisfied that an offence involves domestic abuse, it must declare that is the case in an open court, permanently recognising the heightened harm to victims. This activates stronger protections, which can include electronic tagging and exclusion zones, ensuring that offenders can be tracked in real time and kept away from victims’ homes and workplaces.
The “Loose Women” Facing It Together campaign has powerfully shown the real human impact of domestic abuse and the urgent need for continuous protection. The measures in the Bill meet that need, ensuring that abusers cannot return to intimidate or control and that victims are safeguarded, with the full force of the law behind them. These landmark reforms will end the crisis that we inherited, and restore faith in a justice system that protects the public and puts victims first.
Since my election, I have been campaigning tirelessly on the issue of tool theft, a crime that devastates the livelihoods of tradespeople across our country. There are too many to list in this House today, but I expect that we all know someone who has been a victim of this crime. The rate of suicide among construction workers is the highest of any profession—four times higher than that for any other occupation. In December 2024, I laid a ten-minute rule Bill before the House that called for tool theft to be recognised as a significant additional harm and for courts to consider the total financial loss to victims. That would mean considering not just the value of the tools themselves, but the cost of repairs and the loss of work, and the ripple effect on businesses and families.
Having worked closely with Justice Ministers over the past year, I am pleased to see that the Bill recognises the additional protections needed for victims, for which the sector has been calling. This Bill, with its provisions requiring courts to consider the full impact of theft on victims, its new restriction zones that can ban prolific thieves from construction sites and tool retailers, and its tougher community sentences, delivers transformative protections for tradespeople. Although the Government do not support amendment 1, tabled by the hon. Member for West Dorset (Edward Morello), I thank him for enabling a discussion on the wider impact of crime.
I am pleased to note that the Bill requires courts to consider the full impact of crime, including psychological harm. It recognises what victims of tool theft and, indeed, all crimes have been telling us all along: harm does not stop when tools are stolen or a crime is committed. The psychological harm of losing one’s livelihood, the anxiety about future thefts and the mental health impact of not being able to work are real harms that must be considered when sentencing offenders, and the Bill delivers in this regard.
These reforms will protect the public through tougher sentencing and tighter monitoring, cut crime by stopping reoffending before it happens, support victims by recognising harm and preventing future abuse, and build a safer society with less crime and, ultimately, fewer victims.
(1 month, 3 weeks ago)
Commons ChamberI call the Liberal Democrat spokesperson.
Jess Brown-Fuller (Chichester) (LD)
We Liberal Democrats are relieved that Kebatu has been recaptured after what must have been a terrifying few days for his victims, and we echo the Justice Secretary’s remarks thanking Essex police, the Metropolitan police and British Transport police. However, Kebatu’s recapture does not excuse the serious mistakes that caused his release to happen in the first place—it is totally unacceptable that the safety of the public was ever put at risk.
HMP Chelmsford is a remand prison that regularly deals with prisoners coming and going, and it should therefore be highly capable of handling situations like this. Yet we know from His Majesty’s chief inspector of prisons that there are deep-seated inadequacies at Chelmsford, including inexperienced staff and a lack of adequate training, identified especially in pre-release documents. At the same time, we have seen worrying trends nationally in mistaken prisoner releases, with 262 prisoners released by accident in 2025, up from 115 the previous year.
We Liberal Democrats recognise that the Government inherited a mess when it comes to prisons, but they should have taken serious steps to address the shortfalls and staffing issues in prisons, which are now clearly putting the public at risk. What steps are the Secretary of State’s Government taking to address work culture and training issues in our prisons, especially prisons such as HMP Chelmsford where concerns had already been raised?
I welcome the Secretary of State’s announcement of an independent investigation, following repeated calls by my hon. Friend the Member for Chelmsford (Marie Goldman), whose constituents were put at risk, but will he confirm what consequences those found at fault will face? Also, pending the outcome of the investigation, does he agree that anyone responsible should face the sack? Does he believe that the new safeguards he is putting in place will prevent this from ever happening again?
Finally, Kebatu’s victims will have spent the weekend incredibly distressed. What support was provided to those victims and their families over the weekend when they were aware of the perpetrator being at large, and will that support continue?
I am very grateful to the hon. Lady for the tone of her remarks. She is right that what happened was entirely unacceptable, and understandably the victims of Kebatu’s crimes and their families would have been very anxious over the course of the weekend. The public at large would also have been very anxious, particularly women and children. She is right that there are issues in our prisons; 50% of our prison staff are effectively new on the job as a result of what we inherited from the Conservatives. It is important that we give them the appropriate support and training over this period.
The hon. Lady knows, because I have said it from the Dispatch Box, that it is our intention to grow the number of prison places—14,000 places by 2031—and build new prisons. In that context, it is also important that we grow the number of officers and support them. The hon. Lady knows too the importance of probation in this context, and the £700 million we have allocated to support our Probation Service at this time is really important. She will recognise that, in a system that releases 57,000 prisoners every year, many prisoners are released appropriately under licence. Some of them are reporting to probation or at home or for tags, and many of them—a proportion that has gone up—are reporting for early removal. For all those reasons it is important that Lynne Owens gets to the bottom of what happened in this circumstance.
(1 month, 3 weeks ago)
Commons ChamberI 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.
John Milne (Horsham) (LD)
This Bill’s support for domestic abuse survivors is very welcome, but it is only half the story. In Horsham, one of my constituents arrived at court to see her abuser stand trial, only to be told at the courthouse door that the case had been pulled due to a lack of capacity. That trial was delayed for two years, by which time her abuser had breached two restraining orders. Does my hon. Friend agree that unless we see concrete measures to improve capacity above and beyond the recent increase in sitting days, this Bill cannot fulfil its promise to the public?
Jess Brown-Fuller
I thank my hon. Friend for highlighting the impact that court delays have on victims. I think it is an opinion shared across the House that it is totally unacceptable when a victim arrives to have their day in court and then gets sent away. The reason that we have a lot of legislation coming through at the moment is because the Government are trying to address the issue from multiple different angles, and I hope to see ambition in this area.
I will briefly highlight the work of my hon. Friend the Member for Maidenhead (Mr Reynolds), who tabled new clause 12. It would require necessary updates to the victims code for relatives of victims of murder or manslaughter abroad, who currently sit outside the victims code. Although this affects around 80 families annually, the toll on them from falling out of scope and receiving little to no support, or from not knowing where to go to get support, is unacceptable.
As has been outlined, we Liberal Democrats are concerned about gaps in this Bill and believe that more can be done to support victims and survivors, but we recognise the ambition behind it. We urge the Government to take on board our amendments to better protect victims and survivors.