Victims and Courts Bill

Debate between Paul Kohler and Kieran Mullan

Report stage
Monday 27th October 2025 Commons Chamber

[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.