Victims and Courts Bill

Paul Kohler Excerpts

Report stage
Monday 27th October 2025 Commons Chamber

[Hon. Members]

Hear, hear.

[Mr Paul Kohler (Wimbledon) (LD)]

My new clauses 15 and 16 concern restorative justice. They are supported by the charities Why Me?, for whom I am an ambassador, and Calm Mediation, as well as the Restorative Justice Council and others who work every day with victims and offenders. I thank hon. Members from my own party and from the Labour and Conservative Benches, who asked me to add their names in support.

The need for these clauses could not be clearer. After years of Conservative failure, our justice system stands at breaking point, with unacceptable delays. Our courts are clogged, witnesses drift away or begin to forget, and our prisons are stretched beyond breaking point. The Tories have left us with a legacy of neglect, and the people who suffer most are the victims, whose voices are too frequently ignored. We must do more to put the victim at the heart of the criminal justice process, rather than simply as one of the pieces of evidence to be heard in court. Victims are more than just witnesses to the crime, but too often that is their only role in court proceedings.

Increasingly, when we talk about justice for victims, the debate collapses into retributive justice, as if all victims want is to lock the door and throw away the key. Even David Gauke, the most liberal Lord Chancellor in my political lifetime, in his recent and mostly excellent sentencing review falls into this error with a chapter on victims focusing keeping them better informed about their sometimes unrealistic expectations concerning the severity of punishment. His review, like today’s Bill, makes no mention of restorative justice, which should be at the heart of giving victims access to justice. Victims of crime do not want retribution but closure, and giving them the opportunity to enter into a process that allows them to share their feelings concerning the crime with others, often culminating in a meeting with the perpetrator, has repeatedly been shown to achieve just that.

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

Does the hon. Member accept that, actually, there are some victims of very, very serious crimes who do not want a meeting and a resolution, but want to see a very serious offender spend a long time in prison?

[Mr Kohler]

Well, of course, restorative justice is not right for every victim. I have said to the hon. Member that it is right for many victims, including myself. I do not begin to understand why he finds that a difficult point to understand.

As I know from personal experience, when my wife, eldest daughter and I met one of the attackers who subjected me to a murderous attack in my home and terrorised my family, restorative justice is not about forgiveness, although that often happens as a by-product, but in giving the victim time and space to move on from the crime. My daughter, who moved out of the family home following the attack, moved back in after the restorative justice meeting. It allowed her to demythologise the perpetrator: no longer a monster, but a deeply flawed human being who she could look straight in the eye and cast from her nightmares.

That meeting transformed our family and her life. Yet for far too many victims, restorative justice remains out of reach. Sadly, only one in 20 adult victims with a known offender are routinely told about it. That is why new clause 15 is so crucial: it would create a statutory right to a meaningful referral to restorative justice services; not a token leaflet or tick-box exercise, but a proper referral made as soon as reasonably practicable once the offender is identified, and offered subsequently at appropriate times during the criminal justice process. I emphasise again that participation would always be voluntary, but every victim would have the right to be informed and supported to decide for themselves—what is wrong with that?

The Government may argue that they are considering strengthening the victims code; indeed, clause 8 enhances the Victims’ Commissioner’s reporting. That is welcome, but not enough. The commissioner can report only on what exists. New clause 15 would ensure that there is something meaningful to measure: a statutory right to referral. Without it, access to restorative justice will remain inconsistent and uncertain.

While new clause 15 would establish a meaningful statutory right, new clause 16 would ensure a meaningful review process by requiring the Secretary of State to report on the uptake of restorative justice and to make recommendations to improve access. If the Government truly value restorative justice, let them prove it with evidence—let Parliament see the data and the plan to expand its use. The reporting duty would complement the commissioner’s powers while they review compliance with the code. The new clause goes further, reporting on usage, barriers and ways to increase participation. Together, they create both the right and the oversight that victims deserve.

These new clauses carry no cost implications. It is about co-ordination, not cash. The infrastructure already exists; what it is missing is the statutory backbone to ensure that every victim, wherever they live, has equal access to restorative justice.

Let us not forget that while restorative justice is all about putting the victims at the heart of the criminal justice process, it also has the proven added advantage of cutting rates of recidivism. The Government often speak about tackling the causes of reoffending—employment, housing, addiction—but restorative justice tackles the psychology of criminality. It changes behaviour by confronting offenders with the human consequences of their actions—not every offender, of course, but a significant number.

If the Government truly stand with victims and want to cut reoffending, they must not simply make meek promises to review the code or commission another pilot; they must make access to restorative justice meaningful and real. They must support new clauses 15 and 16—if not today, then in the other place—and allow restorative justice to do what punishment alone cannot: heal the victim, reform the offender and mend the system on which we all depend.

[Anneliese Midgley (Knowsley) (Lab)]

Before I begin, I pay tribute to my hon. Friend the Member for Bolsover (Natalie Fleet) for her bravery and for the remarkable work she has done in her short time in this place, including on this Bill with new clause 14. I am so proud to be on these Benches with her.

I am going to speak to a measure at the heart of the Bill today. Attendance at sentencing hearings will compel convicted criminals to attend those hearings and provide the strongest of consequences when they refuse. This law is for Olivia Pratt-Korbel and other victims.

In August 2024, two of the most remarkable women I have ever met walked into my first MP surgery. They were my constituents Cheryl Korbel and Antonia Elverson, who are with us in the Gallery today. Cheryl is Olivia’s mum, and Antonia is Cheryl’s cousin. On 22 August 2022, Olivia, a little girl—just nine years old—was murdered by a stranger in her own home. The murderer, Thomas Cashman, fired a bullet through the door of Olivia’s home, which passed through the wrist of her mum, Cheryl, before hitting Olivia in the chest and ending her life. Cheryl fought with her heart and soul to save her baby.

No mother should have to go through such unimaginable pain. While nothing in this world can bring Olivia back and nothing can hold back a grief so great, looking the person responsible in the eye and telling them to their face the cost of their crime, and the effect it has had on the lives of their loved ones, can give victims just a small semblance of justice and closure. But Cheryl never had that chance. Under our current justice system, the ball is in the criminal’s court—criminals can choose to opt out of attending their sentencing, which is exactly what Olivia’s murderer did. Cashman chose to remain in his cell, refusing to face the court to hear Cheryl’s words or look her in the eye. It was the act of a coward.

However, instead of collapsing under this weight, Cheryl fought back. She and her family have campaigned with their all so that no other family will suffer what they have suffered. That is why I read out Cheryl’s victim impact statement in full on Second Reading. They were the words that the murderer and coward Thomas Cashman refused to hear. I wanted the words of Cheryl Korbel committed to this House so that they would be on the record in this place forever. I wanted her words to ring out in this Chamber for all the world to hear, as they should have done in Cashman’s ears that day.