Victims and Courts Bill (First sitting)

Kieran Mullan Excerpts

Committee stage
Tuesday 17th June 2025 Public Bill Committees

[The Chair]

Before we hear from the witness, do any Members wish to make a declaration of interest in connection with the Bill? If any interests are particularly relevant to a Member’s questioning or speech, they should declare them again at the appropriate time.

We will now hear oral evidence from the Crown Prosecution Service. We must stick to the timings in the programme motion to which the Committee has agreed. For this session, we have until 9.45 am. Could the witness please briefly introduce herself for the record?

Sarah Hammond: Good morning, everybody. My name is Sarah Hammond. I am the chief Crown prosecutor for the CPS in Mersey-Cheshire and the CPS national lead for victims and witnesses.

[Dr Kieran Mullan (Bexhill and Battle) (Con)]

Q I am Dr Kieran Mullan, Committee member and shadow Justice Minister. You will be aware that at least part of the Bill aims to make changes to how the unduly lenient sentence scheme operates. Can you explain what, if any, role the CPS currently has in challenging or referring cases where it feels that the sentence is unduly lenient?

Sarah Hammond: The CPS looks at every sentence that is imposed to see whether, in our view, it is potentially unduly lenient. If we identify that a case is potentially unduly lenient, we would ask for some advice from the prosecution counsel who appeared in the sentencing court. We would read that, and, if we still felt that the sentence was unduly lenient, we would put together a package of papers to send to the Attorney General’s office for consideration.

[Dr Mullan]

Q There have been reports of victims of crime and their families not even necessarily being aware of the existence of the unduly lenient sentence scheme. Does the CPS have a role in ensuring that there is a good awareness of the scheme, at least among victims and their families, and, if so, how effectively do you think you are playing that role?

Sarah Hammond: Currently the responsibility for informing victims of the sentencing outcome from the hearing lies with the police witness care unit officers. Having said that, if there are questions that the witness care unit officers cannot answer then under the victims code they can refer the matter back to the CPS. We would then happily speak to the victim, explain the unduly lenient sentence programme, and signpost them to where they can access that and the steps around it. We have a guide for victims once they come into the criminal justice system, to explain what happens when a case comes to the CPS, and there is a section within that about when they feel a sentence is too short. We also have a presence in court at the sentencing hearing so, where possible, either prosecution counsel or a member of the CPS can speak to the victim about the sentence and answer any questions they have about potential challenges.

[Dr Mullan]

Q You will be aware that there is a 28-day time limit on the ability of anybody, including victims and their families, to appeal a sentence, given your experience of working directly with victims and their families around that crucial period. I have heard that it is not appropriate to expect a victim and their family to manage, consider and make an appeal during that 28-day window, considering some of the momentous events that might be happening to them during that period. Does the CPS have a view on whether a wider timeframe for victims and their families might be beneficial, based on your experience of working with people who are deeply traumatised at that point in time?

Sarah Hammond: I am aware that the Law Commission is looking more widely into potential reforms of the law and criminal appeals.

[Dr Mullan]

Just to make you aware, the Law Commission’s current consultation paper says that it does not recommend any change to that time period, so I am interested in your views on that question specifically.

Sarah Hammond: Okay. A timescale of 28 days is challenging, but at the moment we feel it works quite well. As professionals within that environment we are well used to obtaining the information we need with a sense of urgency. There are quite good mechanisms in place. That said, if there is evidence that extending the timescales would make the process smoother or more efficient and give people who, as you say, probably have other things on their minds than appealing sentence the ability to do so, then the CPS would support that.

[Dr Mullan]

Q Moving on to victim personal statements, commonly referred to as victim impact statements, I have heard directly from victims and family members that they are sometimes told to remove things from these statements that they would like to say—for example, personal remarks directed at the offender. The CPS plays an important role in working with victims and their families on those statements. Have you seen examples of the CPS advising that statements need to be changed?

Sarah Hammond: I have not personally. I could make some inquiries into how often that happens and we could happily write to the Committee with some more detail around that.

[Dr Mullan]

Q Thank you. One of the amendments that the Opposition are tabling would introduce a greater freedom for victims and family members to speak more freely in their victim impact statements, with the proposal that the judge makes the choice of distinguishing between what is or is not relevant to sentencing. Would the CPS, in your branch at least, have any objections to allowing victims greater freedom to say what they would like at sentencing hearings?

Sarah Hammond: I think we would have to look at what the extent of the legislation is, but we would be happy to work together with the Government in relation to that.

--- Later in debate ---

[The Chair]

Q We will now hear oral evidence from the Domestic Abuse Commissioner, the Victims’ Commissioner and Victim Support. Again, we must stick to the timings in the programme motion to which the Committee has agreed. For this session, we have until 10.25 am. Could the witnesses please briefly introduce themselves for the record?

Katie Kempen: Good morning. My name is Katie Kempen, and I am the chief executive of Victim Support, the leading victims’ charity for England and Wales.

Baroness Newlove: Good morning. I am Baroness Newlove, the Victims’ Commissioner for England and Wales.

Dame Nicole Jacobs: I am Nicole Jacobs, the Domestic Abuse Commissioner for England and Wales.

[Dr Mullan]

Q I am Dr Kieran Mullan, the shadow Justice Minister. I should say for transparency that I have had the opportunity to meet Katie and Baroness Newlove to discuss some of the matters before us today. I will begin by asking a question to all three witnesses. Do you think that the current 28-day time limit for victims and their families to appeal an unduly lenient sentence is sufficient, or should victims and their families get more time?

Baroness Newlove: I welcome the fact that there is an extension as such, but the 28-day limit has not changed for the victim, and that is the worry. The extension is more in the backroom. I agree with it, because I do not want things to be rushed, but the limit has not changed for the victim, which worries me. Victims really do not know this information; it will be mentioned only if the prosecution lets them know about it. Once they leave the courtroom, it can take a long time, but the clock is ticking. Really, that is the crux of why we have mentioned this. Nobody understands undue leniency in the first place, and it is then for the victims to look into it.

Also, at the end of the 28-day process, I have had victims put a request in, but the box has shut at 5 pm, and that is it. I think that is quite cruel to a victim as well. I think the limit needs to be a lot longer to give them time to absorb the sentence and understand it. When I say longer, I am thinking six months, because we give plenty of time to an offender, who has a legal advocate all the way through. I speak personally on this issue. I can assure you that it needs to be looked at again.

Dame Nicole Jacobs: I would echo that. I am stating the obvious, but with victims—certainly through the lens of domestic abuse—you have to appreciate some of the dynamics of coercion and control, including isolation from family and friends. Often, a lot of information is unknown and comes to the attention of friends, family and victims in different ways. There is so much there that has to be unpicked and understood.

I know we will go on to talk about this, but certainly support for victims throughout the criminal justice system, really needs improvement. It comes down to the most basic understanding of who is who, and what your rights are. That was the whole point of the Victim and Prisoners Act 2024, and this Bill is about improving on that. It is really true how disorienting the system is, and 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.

Katie Kempen: We would also support an extension. Our experience of working with victims who have gone through court is often that the process traumatises them and they need some time for decompression. They need time to speak to their advisers or advocates. We know that victim services are under pressure. Our advocates will be carrying other caseloads as well. From our perspective, to give the victims time to understand and process what has happened to them, and to be able to access the support and guidance that they need, 28 days is really difficult to work within, so we would support an extension. We have no issue with the extension that is within the Bill. We support that.

[Dr Mullan]

Q I want to move on to questions about the victim personal statement, commonly referred to as a victim impact statement. I know we have discussed this, and there is widespread reporting that it has been suggested to individuals that they have to make their statements say different things and not necessarily criticise the defendant, even though they have been convicted and are guilty at that point. We have put forward an amendment to try to remove those curtailments on what victims can say in their impact statements. Do you have experience of victims being told they cannot say what they want, and would you support us doing what we can to reduce those restrictions?

Baroness Newlove: Again, from personal experience—after 17 years, and still going through the criminal justice system—I think that, once a person is convicted, you have to consider the whole environment of what the victims and families have sat in. I sat for 10 weeks in a courtroom, listening to everything, and I think we need to understand that the victim personal statement—I prefer “impact statement”, to be honest; it was changed under Gordon Brown—is their right to have their say. I do not think there is the right to keep redacting.

I am now a bit concerned because I am hearing that it is a piece of evidence, so they have got to be careful what they say. In all the years that I have been working in this area, I have never heard that before. For me, it is about having that voice—for example, hearing about somebody who has been brutally murdered. It is their opportunity. I am going to look further into this, as Victims’ Commissioner, but I think it is a right for the victims. It is in the victims code; it does not have any caveats.

I am very concerned to hear, when we meet victims, that something has been redacted three times, or taken out three times. There needs to be more evidence about this and how they are treated. These are the most appalling crimes, and I do not think it is acceptable. Otherwise, victims are just going to say, “Why bother?” The championing I have done over 13 years has been to ensure that the victim impact statement is the voice of the victim, which has been silenced all the way through.

Katie Kempen: The addition from our perspective is that the victims we support, by and large, find the whole process quite confusing, and they need support to get through it. We would welcome clear guidance, clear information and respect for the victim’s right to have their voice heard, in so far as is possible.

Dame Nicole Jacobs: I would agree. A lot of these answers are going to come back to the same principles: one of the things that we have not achieved is clear support for victims, end to end. There are contracts, or bits and pieces—I am sure Katie can speak to this—that are parts of the process. However, all those things feed in to one another. The victim impact statement is an example of where victims often do not understand what their rights are. They do not understand who to speak to if they are being told something they feel is unjust or they do not agree with. We could do so much more. One gap in the Bill that I wanted to mention concerns wider support for victims, in terms of building community-based support that could start at a much earlier point in the criminal justice process.

In the context of court delays, court backlogs and the sentencing changes afoot, this is a critical piece of legislation that could address some of those gaps. That would help victims very much, end to end. Some of the examples of injustice that we pick out would be much more comprehensively addressed. That is one of the things I would encourage you all to consider.

[Dr Mullan]

Q I want to ask about the requirement for defendants to attend the sentencing hearing. I have spoken to victims who are quite robust in wanting to see that implemented, even if a defendant is disruptive. We have tabled an amendment to give a judge an explicit right to restrain and gag a defendant if necessary. We have also said that, if a judge is minded not to compel a defendant to appear, or not to restrain them rather than have them removed from court, victims and their families should be consulted about that decision. If they are not going to be there, at the very least a judge should hear clearly the views of victims and families. Would you support a measure that ensures they are consulted? Would you support measures that say, if the victims support it, and it means the defendant being there restrained and gagged, we should consider it?

Baroness Newlove: First and foremost, you need to consider what the victims and families have gone through—the whole context. This is just one part of it. I am nervous when you focus on one section and do not look at the environment. Victims and families are sat in the courtroom for many months. They have listened to everything. They may have given evidence via the defence. They have a prosecutor that is not for them, but for the state, and may have let them down. This needs to be viewed in its context. I have always said that I wish judges would own courts, because defendants run them ragged. I have been to many courts over the years, and when you get a good judge, you really get that.

We are also talking, however, about families who do not understand the judiciary or the language. There needs to be a part of the hearing, when the defendant has been convicted, to say, “We need to speak to the families.”—but do not just do it on the day of the sentencing; give them the opportunity to digest, as you would with the defence and legal arguments, when nobody is allowed in. That could be private, where nobody comes in. It is important to recognise the whole context.

If the defendant is not there, put TV screens in the prison cell. When I worked in the courts, I went to prison cells when defendants would not come down, and we have been up and done that. It is about controlling the environment but, more importantly, it is for the victim, because the defendant seems to control this, which is so wrong when they have been convicted. We need to train the judiciary how to do this, and it is not going to be favourable to one side. Victims only get this time after the whole process, and I am concerned that they will not have the opportunity to digest it. They are emotionally drained and I think it could be rushed too quickly.

Dame Nicole Jacobs: I agree with that.

Katie Kempen: Building on that, there is a need for a holistic exploration of what victims experience in the courtroom. Our report, “Suffering for justice”, referenced long waits for sentencing hearings and not being able to access special measures. The reality for victims in court is that they are standing outside court with the offender’s supporters and family, that they have to sit in the public gallery, and that they clearly feel they are being intimidated when the sentencing remarks come through. We welcome the sharing of the sentencing remarks with victims, ensuring that they understand the impact of them.

We agree that the victims’ voice needs to be at the centre of any sentencing hearing. Some victims may well want the offender to attend. In other cases I have attended, I have seen young people give their victim personal statements against people who have abused them, it was very difficult for them to be able to see the offender. I really feel that victims’ needs should be taken into consideration so that they feel they can have their say in that environment.

Baroness Newlove: May I just add something important? When offenders have been acquitted, as they were in my case—I say this because this is how it feels—the offender’s family may be in the public gallery. My family had to have police protection. It is about the environment in that sentencing court. It is not simplistic. I hope that the Government take on board the fact that there is all that going on: you having to digest a very important, very technical decision while you are being goaded and having to be protected.

[Dr Mullan]

Q A final question from me. I am conscious of time, so I will direct this question to Dame Nicole because of your particular expertise in domestic abuse.

You will be aware that the Bill introduces a duty on the court to make an order to remove parental responsibility in respect of any children for whom an offender has parental responsibility, if they have been sentenced to four or more years. We have laid an amendment to suggest that provision should apply if an offender is convicted of an offence against any child, not just a child for whom they have parental responsibility, and to any offender who has a custodial sentence. Which do you think is the preferable approach, or, more generally, what are your views on removing parental responsibility for those convicted of child sex abuse?

Dame Nicole Jacobs: I am very aware of dysfunctions within how domestic abuse is understood in the family court. It is positive to clarify to the court that, with certain offences, allowing parental responsibility should be considered inappropriate. Even saying that, though, I am a bit cautious about a completely black-and-white approach. I agree with the provisions in the Bill, but you would have to think very carefully about the range of other offences—for equivalent convictions against other children, absolutely, but I do not know enough about what is being proposed in terms of the range of other offences.

While we are on the subject of family court, one of the long-standing clarifications needed from Government is about a presumption of parental involvement. The Government were looking into that literally years ago, when I was first appointed as a designate, and it has not been resolved. That should be either clarified through this legislation or just clarified full stop. In the family court, the welfare checklist in the Children Act 1989, which is adequate in considering the safety of a child, is often confused with a presumption of parental involvement. I believe that the safety of children, who are recognised as victims in their own right in the Domestic Abuse Act 2021, should be paramount.

[Alex Davies-Jones]

Q Thank you all for coming to give evidence to us today.

Going back to non-attendance at sentencing hearings, what impact will compelling perpetrators to attend their sentencing hearings have on victims and their families, and will giving the judge—for the first time ever—the ability to issue sanctions on them once they are in prison make a difference in terms of helping victims and families feel that they getting justice?

Dame Nicole Jacobs: As Baroness Newlove said, it depends on the victim and the family, and the context of the situation. For many people, it would be heartening to feel that there is an ability to compel someone to come to court to hear their sentence and the consequences of their actions, which have devastated the lives of those people. But I could also imagine, especially in the context of domestic abuse, situations in which the victim, or their family if they have been murdered, would find some of that difficult. You would have to understand those dynamics.

In the context of domestic abuse, for example, there could be a very clear notion that that would be the just thing to do. There could be another example where, because of the nature of the family—keep in mind that for domestic abuse, I am looking through the lens of the fact that the victim and perpetrator are very well known to each other; that is not the case for all sorts of other crimes—there could be dynamics that are more complex. That is why what both Katie and Baroness Newlove have said, about understanding that the victim and families will feel confident and engaged and able to speak, is really important.

We must also keep in mind, especially with domestic abuse, that there could be family members and people involved as victims who have radically different views. Again, there is a complexity to this that does not necessarily always come through in a very black-and-white provision.

Baroness Newlove: Again, I want to support the family. The decisions we are making here are for the professionals to make the courtroom run seamlessly, but it could happen instantly—if the defendant just does not come down, how are we going to manage the emotions on the day, as well as the emotions they have gone through on the journey? I really want to make sure that they are supported.

I see that there is going to be a penal order in prison. I could go on a bit about that myself, but I will not—that is out of scope. I welcome that provision, but am also concerned about how it is managed. If the governor of the prison sees that that is going to be detrimental to their health and wellbeing, it might not happen, and so then where is the transparency about that being delivered for the victim? I think we need to do further work and look at that, because there is very little communication to victims. Nobody knows what they do in prison. Victims are told what they are doing, but they get very little information. For me this is a step forward, but what happens at the end of the day is far more important.

--- Later in debate ---

[The Chair]

We will now hear oral evidence from Resolve and ASB Help. We have until 10.55 for this session. Will the witnesses please introduce themselves for the record?

Rebecca Bryant: Good morning. My name is Rebecca Bryant and I am the chief executive of Resolve.

Charlotte Hamilton-Kay: Good morning. I am Charlotte Hamilton-Kay and I am the deputy chief executive of ASB Help.

[Dr Mullan]

Q Good morning. I am Dr Kieran Mullan, a shadow Justice Minister.

The antisocial behaviour that your work focuses on is often resolved, at least initially, through non-custodial sentences, so the other measures available to the court are particularly important. I would like to ask you about court fines and compensation. I have spoken to victims who feel it is unfair that if someone is responsible for, let us say, the criminal damage of property, the victim will not necessarily be awarded compensation for the value of that property, as they would if they took someone to the small claims court. To reassure people in the community that the measures available are effective, would there be benefit in ensuring that when someone is responsible for property damage, the victim is awarded compensation that matches the value of the damaged property?

Rebecca Bryant: Compensation in relation to antisocial behaviour cases is currently quite vague. Often, if you are looking at cases that are resolved through an early intervention and prevention approach, you would be looking at more of a restorative justice element, and perhaps mediation, where there is no compensation and it is more about recognising the impact of the behaviour the person has perpetrated. Once you move into the legal action arena, we have to recognise that a lot of the people who are perpetrators of antisocial behaviour may not be in a position to pay any compensation—although I recognise that, from a victim’s perspective, some sort of restorative approach would be welcome.

Charlotte Hamilton-Kay: I agree with that. Part of the problem with antisocial behaviour is that when we record it, and when certain agencies take reports, there is a real grey area in how it is classified. We struggle with the classification of crime versus antisocial behaviour. It is often dismissed as a misdemeanour or, as Baroness Helen said, it is low level, so we are not necessarily going to reach the threshold at which we can look at compensation. That is impactive for victims of antisocial behaviour, because it immediately makes them feel that what they have experienced and suffered is not as important or serious as other cases that might meet the criteria. We would really need to look at that before we could go that way.

Additionally, victims of antisocial behaviour often do not report what they are experiencing because they feel they are not going to be listened to or taken seriously. Introducing a compensation element would just complicate that at this stage.

[Dr Mullan]

Q Is it ever an element of the community resolution process that a perpetrator might agree to make some kind of financial compensation voluntarily?

Rebecca Bryant: That is not something that I have come across at all. Restorative justice and community remedy can be either between the two individuals or group of individuals who are involved in the antisocial behaviour—bringing them together and doing a piece of work to recognise the impact of that behaviour—or something in the community itself, perhaps with higher visibility. There was a pilot last year around immediate justice and the impact on the community of seeing the behaviour paid back, if you like.

Restorative justice is often only one of the tools that we use to respond to antisocial behaviour. When we are talking about early intervention and prevention, we also use mediation and warnings, highlighting to the individual perpetrator the impact that the behaviour is having on the victim and the community.

[Dr Mullan]

Q Related to that is the issue of fines, which are separate from compensation. I accept your point about people’s ability to pay, and that there is always a process that ensures that fines are collected only in a way that is proportionate to someone’s means, but you can time out of fines: if you have not paid them in a certain amount of time, you do not have to pay them. Would you support that time limit being taken away, so that if someone comes into financial means later on in life, they will still be held accountable for stuff they did in the community for which they were given a fine as part of community resolution?

Rebecca Bryant: Yes, I think I would, but how long is that time? I think a victim of antisocial behaviour, community safety issues or even crime wants to see some closure, move forward and move past the incident that has happened. Having something like that hanging over them for an indefinite amount of time might not enable them to have that closure.

Charlotte Hamilton-Kay: The bonus of fines or penalty notices for antisocial behaviour is that we hope they act as a deterrent. If they are not working as a deterrent, it does not matter what amount of time we put on them: they are not going to have the effect on the perpetrator of stopping the behaviour. Yes, there needs to be culpability —we should not just have a “get out of jail free” card if we can wait out the clock—but we need to be realistic about what they are going to achieve.

[Dr Mullan]

Q I appreciate that some of what you deal with would not end up involving a magistrate passing a sentence, but sometimes that will be the case. Would it benefit transparency for victims, even at a magistrates level, to have a record of the remarks that were made in relation to why the sentence was passed?

Rebecca Bryant: Absolutely, yes, I do. What is taken into account around sentencing is often rather opaque, as is whether someone actually has to attend the sentencing. Victims need to be able to see justice done, because they have had a traumatic experience and have perhaps gone through the process of giving evidence live and having to face the person who has perpetrated the antisocial behaviour, crime or community safety issue. Having access to the sentencing report and the sentencing itself, and understanding that their victim impact statement is being read out and taken into account, would be significantly beneficial.

Charlotte Hamilton-Kay: I agree. We have to look at everything on a case-by-case basis, and in some situations it would not be appropriate—a victim would not feel comfortable with it. The problem with antisocial behaviour is, again, that grey area between ASB and crime. Impact is the biggest factor, and a victim needs to have that voice and explain how they have been impacted, but we certainly do not want the secondary traumatisation of coming face to face with someone who potentially does not acknowledge what they have done. You would have to look at the complexities of each case.

[Alex Davies-Jones]

Q What are the benefits of the Bill having the first ever duty to co-operate among housing providers, the Victims’ Commissioner and other relevant authorities? What will that do for victims of ASB?

Charlotte Hamilton-Kay: It is a really great step. We need more accountability, and oversight of all agencies involved in managing antisocial behaviour, and the duty to co-operate with the Victims’ Commissioner, is a really great start to that. There is a huge postcode lottery and disparity across England and Wales in the way that victims of antisocial behaviour are supported, the way their cases are managed and what action is taken on different behaviours. Anything we can do to bring a nationalised approach would be really beneficial to victims.

Rebecca Bryant: I think there is a balance. We welcome the Victims’ Commissioner having the authority, and the co-operation element, but the arena of social housing, local authorities and antisocial behaviour is very crowded at the moment. You have the social housing regulator, which is currently looking at housing providers in relation to the consumer standard, which includes antisocial behaviour—their approach to it, the number of cases per 1,000 and the respondents’ satisfaction with how they respond to it. That is not just for housing providers; it includes local authorities with housing stock. That is one side.

You also have the local government ombudsman and the housing ombudsman, which both deal with individual people who are not satisfied with the response they have received from the agency we are talking about. We are very supportive of antisocial behaviour victims and approaches being at the forefront of the Victims’ Commissioner’s mind, and her or him being able to pull together responses, require people to respond and perhaps look at themes and areas where we can strengthen our support and guidance for agencies that work in this arena, but what will that actually look like? We are currently working on that with the current Victims’ Commissioner. At the moment it is quite vague. There would have to be a tightening up of what element she is going to look at, bearing in mind that the ASB case review, the housing ombudsman, the local authority ombudsman and the social housing regulator are all looking at the same thing.

--- Later in debate ---

[The Chair]

We will now hear oral evidence from the Association of Police and Crime Commissioners and the National Police Chiefs’ Council. We have until 11.25 am for this session. Will the witnesses please introduce themselves for the record?

Clare Moody: Good morning. I am Clare Moody, representing the Association of Police and Crime Commissioners.

Genna Telfer: Good morning. I am Genna Telfer, representing the NPCC.

[Dr Mullan]

Q Hello. I am Dr Kieran Mullan, shadow Justice Minister. I want to begin with the unduly lenient sentence scheme. Obviously, you will work directly with victims, and the outcome of all your work will be a sentence passed by a judge. I know from personal experience that, privately, the police can sometimes be just as frustrated with sentences as victims are. You will know that at the minute, anyone, including victims and their families, has only 28 days to appeal against a sentence they consider to be unduly lenient. Given your experience of being in court and working alongside victims, with all the trauma that they might be experiencing at that time, do you think there is any merit in extending the time available for victims and their families to appeal against an unduly lenient sentence?

Genna Telfer: That is a difficult question to start with. It is a tricky one. This would probably be better done through a victim survey of individuals who have been through the process. Although we would want to give people additional time to truly consider it, what might take someone two weeks to think about might take someone else 12 months, so what is the right timeline to put on it? I am not sure I can answer that from a policing perspective.

Obviously, our witness care teams keep victims informed and talk to them. That is absolutely something we would do. We inform them about the scheme, but we do not tell them whether they are eligible for it or not, because we think that would be better done by the CPS, which has a better understanding of how it all works. But in terms of the timeline, that is a difficult one to answer, because how long is a piece of string?

Clare Moody: I agree with Genna. I do not feel that I am qualified to say right now that if you extended this to three months or to two months—

[Dr Mullan]

Q If I may interrupt—sorry—do you think 28 days is enough?

Clare Moody: I would want to come back to you on that point specifically and separately, because I do not feel right now I could give you an informed response.

[Dr Mullan]

Q Okay. I would like to ask you next about sentencing remarks. Again, you work with victims; you see at first hand, through your victim care work, the trauma of a court process. Very often—outside some very limited trials—victims do not get to see sentencing remarks. A week later, it is all just what their memory tells them and what might be reported in the press. Again, based on your experience of working directly with victims through the criminal justice process, do you think there is any benefit in having sentencing remarks published, so that people can actually see what was said in court at the point of sentencing? Clare, do you want to start with this one?

Clare Moody: I absolutely can see the benefit in that. When you are in the moment, with so many emotions, and are in a high state of emotional experience, we do not retain information—none of us does. So we are talking about being able to refer back to that. I am not clear, to be honest, on the reasons why the remarks are not already published, so I cannot argue to the specific points about why this does not exist right now. But my instinctive response, if that is fair, is that, yes, it would seem sensible to publish those remarks.

Genna Telfer: I think this came up recently. I am not sure whether it came out from one of the surveys, but there was a question about victims being present at sentencing, and I know that some work was going on about that with the CPS as well. So if they want to be in the room, rather than just reading the remarks, obviously, that might be beneficial to some victims.

[Dr Mullan]

Q I also want to ask you about the new power that is being introduced in the Bill to compel offenders to attend sentencing hearings. We are tabling an amendment to suggest that victims and their families should be consulted as part of that process. Again, based on your experience of being in the courtroom and of working with victims and families, do you think there is benefit in ensuring that victims and families are part of the discussion about what happens with attendance at hearings?

Genna Telfer: Absolutely. That was one of the points that we were going to raise today. I think victims should be considered and consulted as part of that process. Having read about the way that this is going to work—the different options such as potentially adding time to the sentence, or physically removing a suspect into court— the second option is “reasonable force” and I can imagine there are lots of issues with that, in terms of practicality. If someone really does not want to be in court, it will be difficult to achieve that. There is then the potential disruption that could be faced, such as delays for the victim because the trial takes longer to go ahead as a result of that issue. So I think some victims will absolutely want that, but others would probably prefer not to have it.

[Dr Mullan]

Do you want to add anything, Clare?

Clare Moody: In terms of the involvement of the victim in that decision making, as Genna said, there are complications around getting the perpetrator into the courtroom, but who would not want them to see the justice that is being meted out and for the victims to have that opportunity? But yes, the consultation would make sense.

[Alex Davies-Jones]

Q On that point specifically, the non-attendance of sentencing hearings, we feel that we have gone as far as we can in the Bill in terms of introducing prison sanctions and other sanctions that can be given to the perpetrators to enable their attendance at their sentencing hearings. It is the first time ever that judges will have these powers at their discretion. You mentioned concerns around “reasonable force” in getting them to the courtroom. That is one thing that is available under the Bill. The Opposition have also tabled an amendment about the ability to gag and restrain perpetrators who attend. Do you have any thoughts on that and on how workable it would be?

Genna Telfer: As I said, moving anyone who does not want to be moved is very difficult. We do it all the time in policing; we have to move people when they do not want to. It is difficult, it takes a lot of people and it takes a lot of resource. There is a risk of injury to the prison staff who are moving them. What we are trying to achieve, versus the impact of trying to do that, might be the balance that is needed. I think that while it is good to have it in there, prison entitlements and the potential extension of the sentence are probably more the tools to do this than the actual physical restraint of people.

Clare Moody: I would say exactly that. An accidental outcome of this should not be the greater traumatisation of victims. The process might wind up with some kind of scene that involves centring the perpetrator, rather than what the victims have been through. I think there needs to be care around that in ensuring that victims are still at the heart of the process.