Victims and Courts Bill Debate

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Department: Ministry of Justice
Consideration of Lords amendments
Nusrat Ghani Portrait Madam Deputy Speaker (Ms Nusrat Ghani)
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I can inform the House that Lords amendments 4 and 7 engage the Commons’ financial privilege. If either of those Lords amendments are agreed to, I will cause the customary entry waiving the Commons’ financial privilege to be entered in the Journal.

After Clause 7

Access to free court transcripts for victims

Alex Davies-Jones Portrait The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)
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I beg to move, That this House disagrees with Lords amendment 1.

Nusrat Ghani Portrait Madam Deputy Speaker
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With this it will be convenient to discuss Lords amendments 2 to 7 and the Government motions to disagree.

Alex Davies-Jones Portrait Alex Davies-Jones
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I am grateful for the opportunity to once again be speaking on the Victims and Courts Bill as it returns to this House. This is fundamentally a Bill for victims. At its core, the measures seek to ensure that victims are treated with dignity, compassion and respect throughout the entire justice process. The Bill will ensure that offenders are held to account by giving judges the power to impose prison sanctions on offenders who refuse to attend their own sentencing hearings—something that the families of Olivia Pratt-Korbel, Jan Mustafa, Zara Aleena and Sabina Nessa have campaigned tirelessly for. It places the welfare of children firmly at the centre by restricting the parental responsibility of the most serious offenders, including child sex offenders and those who have conceived a child through rape. The Bill also strengthens the power of the Victims’ Commissioner by giving them greater authority to act in individual cases that raise systemic issues and by requiring an independent assessment of compliance with the victims code.

I am grateful for the scrutiny of the Bill in the other place. The Lords amendments we are considering reflect a shared determination across both Houses to improve outcomes for victims. However, while the Government share that objective, we must ensure that the reforms are workable, proportionate and capable of being delivered effectively.

I turn to the seven non-Government amendments made in the other place. First, Lords amendments 1 and 3 relate to court transcripts. Through the Sentencing Act 2026, the Government have already introduced a major expansion to transcript provision, which will, for the first time ever, give all victims the ability to request free transcripts of Crown Court sentencing remarks directly relevant to their case from Spring 2027. That is a significant step forward for victims, improving access to clear information about how decisions are made and strengthening their ability to navigate the justice process. This is a significant operational undertaking. We must ensure that this major expansion for victims is delivered effectively and in a way that is operationally sustainable. We are working at pace to deliver this, and it is essential that we get it right so that victims receive this important information in a timely way. It will help them understand the sentence that has been passed and will support their recovery.

However, we recognise the strength of feeling around transcripts, particularly from victims, and I want to reference that strength of feeling in this House towards the subject, too. I want to be clear that the Government are approaching this with care and ambition to go further. Access to what was said in court matters deeply for victims’ understanding, confidence and sense of justice, and the steps that we are taking to expand the free provision of sentencing remarks represent real progress.

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Alex Davies-Jones Portrait Alex Davies-Jones
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I am afraid that the hon. Member must not have heard what I said before I came to non-legislative changes. The Government are committed to bringing forward legislative changes on that time limit and to consider out-of-time applications by families. We have listened directly to the families about what they want. We could have brought forward an amendment that simply extended the time limit, but the families told us directly that that was not what they wanted. I listened to victims, the Government listened to victims, and in this victims Bill we will do as the victims have asked.

We will continue to test on getting this right, because it is important that we get it right first time. We are confident that we will soon be able to update the House on a workable legislative solution. For those reasons, the Government cannot accept Lords amendments 5 and 6.

Nusrat Ghani Portrait Madam Deputy Speaker (Ms Nusrat Ghani)
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I call the shadow Justice Secretary.

Nick Timothy Portrait Nick Timothy (West Suffolk) (Con)
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In a week when the Government have been reprimanded for letting foreign criminals out of prison without proper checks or safeguards, have been found to have done absolutely nothing as a firm that was due to build thousands of prison places went bust 18 months ago, and ended short-term sentences, allowing prolific shoplifters and other criminals to escape prison, it is beyond disappointing that they seek today to overturn perfectly sensible Lords amendments. The amendments would make the criminal justice system more transparent and give victims stronger rights to challenge unduly lenient sentences.

We must ask: why are this Government so afraid of the public? Why do Ministers not trust the people? Why do they want to keep injustice—from rape gangs, to serious criminals getting away with a few brief years in prison—out of the spotlight? [Interruption.] Labour Members sigh and moan when I raise the rape gangs. That is exactly the mentality that the country is sick of, and it lies behind the failure to prosecute those cases.

We support Lords amendment 2 on expanding the victims code for murder, manslaughter and infanticide abroad. We support Lords amendment 4 to remove clause 12 from the Bill, because that clause will deliver few savings while undermining access to justice. We support Lords amendments 5 and 6, which strengthen the unduly lenient sentence scheme. Amendment 5 introduces an exceptional circumstances clause that allows the deadline to be extended beyond 28 days, and amendment 6 requires the Justice Secretary to ensure that victims and their families are aware of their rights under the scheme. Those are welcome suggestions. I pay tribute to Katie Brett and the rest of Justice for Victims, and to Tracey Hanson, for their campaigning on this front. They have been consistent in making clear that they want meaningful change, not half measures.

Just last week, I wrote to the Attorney General about the case of Mohammed Abdulraziq, who dragged a five-year-old girl off the street so that he could sexually assault her. He was sentenced to only 11 years in prison, and in all probability, he will be out in just seven. Monsters like him need to be kept away from children. The Government’s opposition to these amendments weakens justice and reduces public protection. I heard what the Minister said about looking at legislation in future, and we will hold her to those words.

The failure to trust the people goes not just for the unduly lenient sentence scheme, but for wider transparency in the criminal justice system, and it is on that point that I will focus the rest of my remarks. We Conservatives do trust the people, so we support Lords amendment 1, which entitles victims to free transcripts of route-to-verdict and bail decisions, and Lords amendment 3, which requires the publication of Crown court transcripts of judges’ sentencing remarks, online and for free, within 14 days of a request made by any member of the public.

The Minister explained the Government’s position on those amendments, and amid the verbiage I could discern only excuses. She sounded like the driver of a broken-down train, who, with passengers stranded miles from the nearest station, was doing her best to assure everyone that the train was indeed moving. Of course everyone knows that there is no movement; the train that we are on is entirely stationary. This is an important lesson for the Minister and other members of the Government: the repetition of fiction does not make something fact. We can all see exactly what is and is not happening.

I want to explain why this is so important. Of course, we want to see how the provisions of the Sentencing Act are implemented, but it is simply not acceptable for victims to be charged as much as £7,000 for a transcript. It is vital that we allow transparency, to make it easier for victims, journalists and the wider public to see what is going on in our courts and detect patterns. We know from too many tragedies, and too many cover-ups, that sunlight is always the best disinfectant.

Let us consider the Courtsdesk scandal. When the Justice Secretary tried to shut down that vital, searchable archive of court hearings, he caused an outcry. Before Courtsdesk, official court listings matched reality just 4.2% of the time. Two thirds of courts routinely heard cases that the media never knew about. From crimes committed by illegal immigrants in asylum hotels and weak sentences for paedophiles, to people dragged through the courts for breaking lockdown rules years after the pandemic and offending by convicted criminals who should have been tagged but were not, Courtsdesk helped journalists to join the dots, securing justice for victims and exposing failures in policy. I still want to know why the Justice Secretary wanted to delete that archive, and why Ministers blamed Courtsdesk for a serious data breach, when documents released since show that the Ministry of Justice considered the breach low risk and not worthy of a referral to the Information Commissioner. I will give way if the Minister wishes to explain. [Interruption.]

Nusrat Ghani Portrait Madam Deputy Speaker (Ms Nusrat Ghani)
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Order. The normal protocol is that a Member wishes to intervene, but I appreciate the encouragement—and the Minister has risen to it, so well done, Mr Timothy.

Alex Davies-Jones Portrait Alex Davies-Jones
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The shadow Secretary of State will know that Courtsdesk is a private company that provides a subscription-based specialist data platform aggregating magistrates court data and offering specialist services to journalists. The proposal did not stop data sharing with Courtsdesk at all, and it was not about reducing transparency. It was merely a commercial sensitivity proposal to take the archive offline temporarily while we determined new contracts. It was not about transparency.

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Kirith Entwistle Portrait Kirith Entwistle (Bolton North East) (Lab)
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It is a pleasure to speak in today’s debate. I first spoke on this Bill on Second Reading, when I said that victims in Bolton had waited far too long for a system that truly works for them. This Bill delivers critical reforms to protect victims and rebuild confidence in our justice system, from powers to tackle non-attendance at hearings to measures strengthening the rights of victims. It will help victims to get the justice they deserve, and I am pleased that this Labour Government are getting on with the changes that victims and campaigners have needed for far too long.

I am particularly pleased to support the measures in this Bill that strengthen victims’ rights to receive information. The dedicated victim helpline and the updated victim contact scheme will help end uncertainty and stop victims having to keep chasing for basic updates. I understand the intention behind Lords amendments 1 and 3, on court transcripts, which try to address the same basic problem: victims not getting clear enough information about decisions that affect them. Victims deserve clarity, and the process must be more transparent, but the Government have been consistent in saying that these amendments go further than is currently operationally feasible. If we create duties that the courts do not have the capacity to fill safely, victims will be let down once again. If we promise a process that cannot be delivered in practice, we are not building trust; we are undermining it.

This Bill marks an important step forward in strengthening the rights of victims, ensuring that offenders are held to account and rebuilding confidence in our justice system. For victims in Bolton who have waited far too long to be properly informed, supported and heard, this Bill will make a real difference, and I am proud to support it.

Nusrat Ghani Portrait Madam Deputy Speaker
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I call the Liberal Democrat spokesperson.

Ben Maguire Portrait Ben Maguire (North Cornwall) (LD)
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This Bill returns to us from the other place, where my Liberal Democrat colleagues tabled a number of crucial amendments that come before us today, which concern changes to the unduly lenient sentence scheme, the victims code, access to free court transcripts and more. I am really pleased to hear the Minister support those amendments in principle, and to hear her commitment that she will take them away with her team to make sure that they are workable before bringing them back to this place. Of course, the Liberal Democrats will hold the Government to account on all those amendments and make sure that they are implemented as quickly as possible for the sake of victims.

On Lords amendment 1, I am proud that my colleagues in the other place have been building on the successes of my hon. Friend the Member for Richmond Park (Sarah Olney), who has fought a long-running campaign for free court transcripts for victims. The amendment would give victims a right to receive court transcripts of the route to verdict, and of bail decisions relating to their particular case, free of charge. At present, such transcripts are available to victims only where a defendant has been convicted of an offence. We Liberal Democrats will vote for the amendment in order to build on this Bill and to make further much-needed progress by extending the current scheme. I urge all colleagues from across the House to join us in doing so.

On Lords amendments 5 and 7, we Liberal Democrats, led by Baroness Brinton in the other place, have sought to clarify and amend the unduly lenient sentence scheme. The scheme ensures that victims who feel that an offender’s sentence is unduly lenient can appeal to the court. However, in practice, many victims are completely unaware that this mechanism exists, and are often told about it after their short 28-day appeal window has closed. Some of these cases involve families of victims who have faced some of the most horrific crimes, including brutal murder cases, with harrowing details about what has happened to them or to members of their family laid out before them in court, in full, for the first time. Understandably, this can put them through severe emotional strain and trauma, and have other distressing effects.

For many families of victims, the last thing on their mind are procedures such as appeals. Once they reach a stage where they have processed their grief, the short 28-day window has sometimes already passed—and they may not have even been aware that they could appeal. To address this issue, the new clauses tabled by the Liberal Democrats seek to make allowances for the 28-day timeframe to be extended in exceptional circumstances, and to place much greater responsibility on criminal justice agencies to ensure that victims are fully aware of their rights to appeal and of how quickly they must do so. For example, greater awareness of victims’ rights in relation to the unduly lenient sentence scheme could form part of a judge’s sentencing remarks following a trial, rather than being left as an afterthought that might not be covered at all.

Lords amendment 2 relates to changes to the victims code. It would require the Secretary of State to outline how the rights in the victims code apply to the families of those killed as a result of murder, manslaughter or infanticide outside the UK. The amendment follows the outstanding work of my hon. Friend the Member for Maidenhead (Mr Reynolds), who pushed for these changes at an earlier stage of the Bill’s passage. Although I understand that it would be unreasonable for us to mandate other countries to enforce the UK’s victims code, we are seeking to afford the families of such victims the same rights and to treat them as victims under the code. I am therefore very pleased that our colleagues in the other place have given this sensible and much-needed amendment a chance in this place once again.

I urge all colleagues to vote for all these excellent Lords amendments, which are incredibly important to victims and their families. I hope the Minister will come back to the House to confirm precisely when they can be brought forward by the Government in workable legislation. For the record, I commend the work of our colleagues, both in this House and in the other place, on these issues, which are so vital to victims’ rights and to our justice system as a whole.