Victims and Courts Bill

Lord Gardiner of Kimble Excerpts

Committee stage
Wednesday 11th February 2026 Lords Chamber

[Lord Sandhurst (Con)]

My Lords, Amendments 48 to 54, in my name and that of my noble and learned friend Lord Keen of Elie, concern the operation of the victim contact scheme and the new helpline provisions introduced by the Bill, and in particular the Government’s decision to structure eligibility around the three-part categorisation of offences in new Schedule 6A. We welcome the Government’s intention to expand access to information for victims. The extension of the victim contact scheme and the creation of a statutory helpline represent important recognition that the victim should not be left in the dark about the progress, release or supervision of those who have harmed them. But the detail matters, and it is the detail of Schedule 6 that these amendments probe.

Amendments 48 and 49 address the decision to confine the statutory rights under Section 35 of the Domestic Violence, Crime and Victims Act 2004 to victims of offences listed in Parts 1 and 2 of new Schedule 6A and subject, in the case of Part 1, to a specified custodial threshold. Amendment 48 would align Section 35 more broadly with new Schedule 6A as a whole, and Amendment 49 probes why the current drafting draws the line where it does. Noble Lords will have seen that new Schedule 6A divides offences into three parts. Victims of Part 1 offences qualify when the offender receives

“a sentence of imprisonment … for a term of at least the specified … length”.

Victims of Part 2 offences qualify without that same threshold. Other offences are treated differently still.

The question before us today is: what is the principled basis for this threefold division? For example, Part 1 includes crimes such as wounding with intent to cause GBH, rape, aggravated burglary, abduction and child sex offences. Part 2 includes crimes such as stalking, coercive behaviour and putting people in fear of violence. It seems to us wrong that the latter list of offences does not include a custodial threshold for eligibility for the victim contact scheme, but the first list of offences does include such a threshold. The Minister said on Monday that use of the victim contact scheme is available for the “most serious cases”. Why, then, should the victim of, say, child sexual offences or abduction whose offender did not receive a sentence of imprisonment for a term of at least the specified sentence length be ineligible for the victim contact scheme? Following the Sentencing Act and subsequent reforms that were debated in this House, we have seen, and will continue to see, a marked shift in the sentencing landscape. Fewer people will receive immediate sentences of imprisonment, and sentences will be shorter.

First, the automatic presumption for suspended sentences will mean that many offenders guilty of crimes under Part 1 of the new schedule—wounding with intent, rape and so on—may receive suspended sentences. That will make their victims ineligible for the victim contact scheme. This, frankly, is an insult to victims and the public. Part 1 is a shopping list of serious crimes for which there should be no restrictions on victims’ eligibility for the victim contact scheme.

Secondly, under the Sentencing Act, the majority of offenders will be released after just one-third of their sentence. The practical consequence is that far more offenders than now are to be subject to supervision outside custody. That shift makes the victim contact scheme more, not less, important. The scheme is not a mere information line. It allows victims to make representations regarding licence conditions and, where they apply, parole decisions. In a world in which release and supervision decisions affect more and more cases, the ability of victims to engage meaningfully with those processes becomes essential to maintaining confidence in the system.

The noble Lord, Lord Timpson, stated that the Sentencing Act will more or less double the number of people being tagged. That will mean that at least double the number of victims will want to engage with the victim contact scheme. Faced with these facts, it is difficult to see why eligibility should depend so rigidly on whether an offence falls into Part 1 or Part 2, or whether a custodial sentence crosses a certain line.

From the perspective of the victim, the impact of the offence is not measured in statutory parts or sentencing thresholds. If the offender is subject to release conditions or to supervision in the community, the victim may well have legitimate concerns about notification, exclusion zones or contact restrictions. Those concerns do not disappear simply because the sentence imposed fell just a little below the specified sentence length.

Amendment 50 turns to the new helpline. The Government have rightly recognised that some victims fall outside the formal victim contact scheme but nevertheless need access to information. The helpline is intended to fill that gap. However, as the Bill is drafted, it is still limited by reference to the categorisation in new Schedule 6A. If the purpose of the helpline is to provide a route for victims to obtain basic information about the offender’s custodial or supervisory status, why should it not extend to all victims of offences listed in new Schedule 6A? If Parliament has already determined that those offences merit inclusion in new Schedule 6A, what is gained by further subdividing access to information within that list?

Amendments 51 to 53 similarly address the exclusion of victims whose offenders are serving suspended sentences. As matters stand, victims whose offenders are serving suspended sentences or community orders may not fall within the scope of the helpline in the same way as those whose offenders are in custody. Yet, arguably, it is precisely in such cases that victims will have acute and immediate concerns. An offender not in custody but serving a suspended sentence or community order remains in the community; the victim may live nearby. The potential for proximity, breach or renewed contact is real, not nugatory.

I once again point out that it is government policy that the presumption for most of the offenders for whom this clause is relevant will be to receive suspended sentences. This automatically means their victims will not be able to access the helpline. If the Government are going as far as to legislate for a helpline, it should reflect the realities of modern sentencing. The distinction between custody and community supervision is no longer as clear-cut in terms of risk or impact. This is the result of the Government’s own legislation. A victim whose offender is under probation supervision in the community has every bit as much interest in knowing the conditions imposed and the mechanisms for enforcement as one whose offender is in prison.

Finally, Amendment 54 probes the question of accountability. The Bill places duties on providers of probation services to take reasonable steps to provide information to victims about release, licence conditions and other relevant matters. That is welcome, but what is to happen if a victim believes that those reasonable steps have not been taken? It is not clear from the legislation what mechanism exists for review or appeal. Probation officers increasingly exercise functions that have a quasi-judicial character, particularly in relation to the formulation and management of licence conditions. This is once again due to the Sentencing Act.

Where discretion is exercised, there should be some form of oversight. Amendment 54 proposes a modest and practical solution: that where a victim is dissatisfied, there should be a route to seek reconsideration by a senior probation officer. The Government no doubt accept that the existence of an appeals process is important. Indeed, it is a fundamental element of our judicial process. It does not seem right, therefore, that probation officers, who are already subject to fewer checks and balances and less public scrutiny, should be shielded from an appeals process concerning their decisions.

These amendments ask the Government to explain the rationale behind the categorisation in new Schedule 6A, and to consider whether access to the victim contact scheme and helpline should better reflect the contemporary sentencing landscape. If we are serious about placing victims at the heart of the justice system, access to information and participation cannot depend on seemingly arbitrary distinctions. I beg to move.

[The Senior Deputy Speaker (Lord Gardiner of Kimble)]

My Lords, I should inform the House that, if Amendment 48 is agreed to, I cannot call Amendment 49 by reason of pre-emption. Also, if Amendment 50 is agreed to, I cannot call Amendments 51 to 53 by reason of pre-emption.

--- Later in debate ---

[Lord Sandhurst (Con)]

My Lords, Amendments 58, 59 and 60 are intended to strengthen the role of the Victims’ Commissioner. They would ensure that the commissioner can more effectively promote the interests of victims and witnesses and respond to cases that have wider public policy relevance.

Amendment 58 clarifies that

“the Victims’ Commissioner may take discretionary steps to support individuals who assist victims of crime”.

The amendment was brought about following the recent case of Mark Hehir, the bus driver who courageously intervened to prevent one of his passengers being the victim of theft. His actions were nothing short of heroic. He placed himself at real risk to protect passengers and members of the public. His decisiveness in a high-pressure situation should be applauded. Public recognition of his bravery has been strong. A petition in support of him gathered over 140,000 signatures. This demonstrates the widespread view that those who act courageously to protect others should be commended and supported, not left vulnerable to professional or personal consequences. The case highlighted the gaps in protections for citizens who step in to assist victims. Ordinary people who act responsibly should not face penalties or career repercussions for doing the right thing.

Amendment 58 would go some way to addressing that gap. By explicitly allowing the Victims’ Commissioner to support individuals who assist victims, the amendment would ensure that the commissioner can take discretionary action in cases of public significance, such as providing advice, engaging relevant agencies or highlighting best practice. The amendment represents a practical safeguard for citizens such as Mr Hehir and a clear statement that society values and protects bravery and civic responsibility. If individuals such as Mr Hehir do not deserve protection, it is difficult to see who does. This is about recognising heroism and ensuring that those who intervene to protect victims are not left unsupported.

Amendment 59 proposes the removal of the statutory restriction that currently prevents the Victims’ Commissioner exercising functions in relation to an individual victim or witness. We welcome the expansion of the Victims’ Commissioner’s powers in Clause 8, but would like to understand why the Government have included a restriction to the expansion. By removing the restriction entirely, the amendment would ensure that the commissioner can intervene in such cases without procedural or statutory impediment.

It is important to stress that this amendment does not seek to replace existing complaints mechanisms; nor does it transform the commissioner into a case-by- case complaints handler. Instead, it would empower the commissioner to identify and address systemic issues revealed through individual cases, providing a crucial bridge between personal experiences and broader improvements in policy or practice. In doing so, it would strengthen the commissioner’s statutory remit to promote the interests of victims and witnesses rather than limit it.

Amendment 60 takes a more targeted approach, should the Minister oppose Amendment 59. It seeks to limit the restriction on the Victims’ Commissioner exercising functions in individual cases to circumstances where there are ongoing criminal proceedings. This would strike a sensible balance, preserving the integrity and independence of live judicial proceedings while allowing greater engagement with victims and witnesses outside the live court processes. By doing so, it would ensure that the commissioner’s statutory role in promoting the interests of victims and witnesses is meaningful and practical rather than being constrained by overly rigid restrictions.

Amendment 60 seeks to allow the Victims’ Commissioner to request information from agencies, to monitor how individual cases are handled and to promote good practice where lessons from a single case could benefit other victims or witnesses. It would maintain the commissioner’s ability to drive improvements and to highlight systemic issues, without creating any conflict with ongoing judicial processes.

These amendments are designed to enhance the Victims’ Commissioner’s role in supporting victims and witnesses, to ensure that individual cases can inform systemic improvements, and to promote best practice. I look forward to the Minister’s response. I beg to move.

[The Senior Deputy Speaker (Lord Gardiner of Kimble)]

My Lords, I inform the Committee that if Amendment 59 is agreed to, I will not be able to call Amendment 60 by reason of pre-emption.

[Baroness Brinton (LD)]

My Lords, I am very grateful to the noble Lord, Lord Sandhurst, for tabling these amendments and to the Government for the expansion of the Victims’ Commissioner’s powers as set out in the Bill.

However, there are some broader issues that it might be helpful to air here, which are not the subject of amendments, for obvious reasons. It is 22 years since the office of the Victims’ Commissioner was created. I wonder whether, given the legislation that is going through to remove police and crime commissioners, that will change the landscape in which the Victims’ Commissioner’s office works. Therefore, it may be worth reviewing exactly what the roles of the Victims’ Commissioner are. I have some sympathy with the amendments tabled by the noble Lord, Lord Sandhurst, in that context.

From these Benches, we have argued that the entirety of the responsibilities of the Victims’ Commissioner should be broader than they were up until the presentation of this Bill. But there is another point that we have raised consistently—not just in legislation but in Questions and at other times—and that is the disparity of resources between the Victims’ Commissioner’s office and the office of the Domestic Abuse Commissioner. I have been told that this is partly because the Victims’ Commissioner’s office looks only at policy, but we know the reality in the complex world of victims is that it sees many more things. If the Government would consider a review of the role in light of the change with police and crime commissioners, it might also be a time to look at whether the Victims’ Commissioner’s office has the resources that it needs to deliver the very important job that it does.