Alex Davies-Jones MP: speeches

Speeches

• 24 Jun 2025 · Victims and Courts Bill (Fifth sitting) · Hansard source

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  New clause 10, tabled by the hon. Member for Bexhill and Battle, would require the Sentencing Council to revise its sentencing guidelines so that courts must award compensation to victims to the value of the items stolen when imposing compensation for the offences of theft, burglary, fraud or any other crime that has resulted in a loss to the victim. I have considered the proposed new clause, but I do not consider it helpful in view of the current legislative position, which I will briefly explain. Courts can impose a compensation order to require an offender to make financial reparations to the victim for any personal injury, loss or damage resulting from the offence. This includes any financial loss sustained as a result of items stolen in cases of theft, burglary, fraud or any other crime resulting in financial loss. Compensation may be ordered for such amount as the court considers appropriate, having regard to any evidence and representations made by the offender or prosecutor. There is no limit on the value of the single compensation order handed down to an adult offender. The court must also consider the financial circumstances of the offender, in so far as they are known, to ensure they have sufficient means to pay. To do otherwise would create a pointless system of chasing down money that people are unable to pay, causing a cycle of unnecessary harm and emotional distress to victims. The Sentencing Council has already issued explanatory information on compensation, which outlines these matters to aid sentencers when considering or issuing compensation orders. The proposed new clause, tabled by the hon. Member for Bexhill and Battle, would limit the flexibility of sentences by mandating through sentencing guidelines that compensation must be awarded to the value of the items stolen. The Government are satisfied that the current process allows courts to strike an appropriate balance between seeking reparation for the harm caused to victims and knowing that it is actually enforceable so that victims are not left waiting for unrealistic debts to be paid to them. I therefore urge the hon. Member for Kingswinford and South Staffordshire to withdraw the proposed new clause.

• 24 Jun 2025 · Victims and Courts Bill (Fifth sitting) · Hansard source

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  Clause 12 is a technical measure. It would bring the maximum penalty for six triable either way offences, when dealt with summarily in a magistrates court, in line with other triable either way offences. For those six offences, the maximum penalty that a magistrates court can issue is currently specified as six months. The clause specifies that the magistrates court maximum penalty for those offences is “the general limit in a magistrates’ court”, which since November has been 12 months for a single either way offence. That will mean that if magistrates courts’ sentencing powers are changed again in the future, the six offences will also be subject to that change. Correcting that inconsistency will ultimately help to avoid confusion and error in sentencing relating to those six offences.

• 24 Jun 2025 · Victims and Courts Bill (Fifth sitting) · Hansard source

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  I thank the hon. Member for new clause 8, which would require the Secretary of State to issue revised guidance on victim personal statements to change the legal position on what they can include. First, let me say that I recognise that victim personal statements are a powerful tool for victims and their families to have their voices heard, and give them the opportunity to tell the court about the impact that a crime has had on them. The victim personal statement is also important for the court’s sentencing decision. It provides evidence to assist the court in determining the seriousness of the offending as part of a sentencing process. It is right that victims have the opportunity to be part of that. However, it is also right that that be done fairly, which means that the usual rules of evidence must apply. The hon. Member should be assured that I have heard from victims and their families on their concerns about their experience of the personal statement process. I have already committed to those families that I will look into the matter further. However, his drive to bolster the victim’s voice risks weakening the role that it can play in a sentencing process. On a practical point, I do not believe the new clause will achieve the desired effect. The criminal practice directions provide the legal basis for a victim personal statement in the context of sentencing. Criminal practice directions are issued by judges, not Ministers. The legal position is then reflected in publicly available guidance. The Secretary of State for Justice is not responsible for any of that guidance, nor have they previously issued any such guidance. Changing this guidance or issuing new guidance will not change the legal position as set out in the criminal practice directions. That is why I urge the hon. Member to withdraw the new clause, and to work with me to better understand victims’ experience of victim personal statements and how these issues might actually be addressed in a courtroom, while ensuring that the criminal justice system operates safely and fairly for all.

• 24 Jun 2025 · Victims and Courts Bill (Fifth sitting) · Hansard source

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  New clause 7 would require the Secretary of State to assess within six months of Royal Assent the impact of court delays on victims. As the hon. Member will be aware, thanks to his previous Government, this Government inherited a record and rising court backlog. Between 2010 and 2019, the Conservative Government permanently closed more than 260 court buildings as part of a wider estate consolidation. Additionally, historical underfunding has resulted in challenges across the estate, with an estimated £1.3 billion maintenance backlog. As of December 2024, the Crown court outstanding caseload was over 74,000 cases. Sitting levels have never been higher, but even that is not enough to keep up with the increasing backlog of cases. I recognise the human impact that this can have on victims as they navigate those delays. The recent report by the Victims’ Commissioner truly brought to life the impact of the outstanding Crown court caseload on victims, victims services and the wider criminal justice system. It is clear that more must be done, and that fundamental reform is necessary to address the court backlog. That is why the Lord Chancellor asked Sir Brian Leveson to propose a once-in-a-generation reform. The review is aimed at achieving a more efficient criminal court system and improved timeliness and swifter justice for victims, witnesses and defendants, without jeopardising the requirement for a fair trial for all involved. The review will also consider the most appropriate and proportionate ways of dealing with cases before the courts, as well as how processes through charge to conviction or acquittal could be improved to maximise efficiency. We expect the review of the report on options for long-term reform in the coming weeks and findings on court efficiency in autumn 2025.

• 24 Jun 2025 · Victims and Courts Bill (Fifth sitting) · Hansard source

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  Clauses 13 to 16 contain standard provisions that confer powers to make consequential amendments, to set out the Bill’s territorial extent, to make arrangements for commencement of the Bill’s measures, and to set out the Bill’s short title. Question put and agreed to. Clause 13 accordingly ordered to stand part of the Bill. Clauses 14 to 16 ordered to stand part of the Bill. Question proposed, That the Chair do report the Bill, as amended, to the House.

• 24 Jun 2025 · Victims and Courts Bill (Fifth sitting) · Hansard source

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  I recognise the importance of transparency when publishing data on foreign national offenders. The hon. Member will know that we inherited our current data collection and publication system from the previous Government. It is interesting that the Conservatives are now keen to make changes, after 14 years in office in which they could have done it themselves. The Lord Chancellor has been clear. This is important to her and we are reviewing what we collect and publish, and should we decide it needs to change, we will of course enact that. More broadly, we are working to strengthen data collection at court, and we are exploring how we can improve the sharing of immigration status data across the criminal justice system. We are committed to continually developing the data we publish. We already publish data on the number of self-declared foreign nationals in prison and under probation supervision, and we publish detailed ethnicity data of those prosecuted in court. Recording such data for everyone convicted and sentenced in court, including those for lower-level convictions—those that result in a fine, for example—would represent an additional burden on an already stretched system, but it would also inevitably give rise to a substantial data quality risk. Courts have no mechanism to verify or validate information provided, nor do they have any mechanism to compel such provision in the first place. The new clause would impose an obligation without any consideration of the infrastructure necessary to deliver it. For those reasons, we are unable to accept the new clause, but we will continue to look at what more we can do to improve the accessibility of information relating to foreign national offenders. Foreign nationals who commit crime should be in no doubt that the law will be enforced, and that we will work with the Home Office to pursue their deportation. It is worth noting that, since 5 July 2024, more foreign offenders have been returned than in the same period 12 months before under the previous Government. For all the Conservatives’ rhetoric, it is this Government who are getting on with the job.

• 24 Jun 2025 · Victims and Courts Bill (Fifth sitting) · Hansard source

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  I do not wish to prolong proceedings unnecessarily. We welcome the Opposition’s support for the clause.

• 24 Jun 2025 · Victims and Courts Bill (Fifth sitting) · Hansard source

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  With respect, it is very different. These are court documents that can be used in a court of appeal. What we say here is clarified. We email our speaking notes to Hansard . Our comments are checked. The resources are far vaster than for a Crown court in England and Wales, sadly. Therefore, it is not a fair comparison. Those court transcripts need to be as accurate as possible and legally sound, because people’s lives hang on the line—for want of a better phrase—in terms of whether they are free to go or sentenced, and therefore it is important that they are accurate documents. This new clause would overburden a court system that is already in difficulties, thanks to what we inherited from the previous Government. However, as I will come to in my remarks, we are looking to make progress in this area. We have extended the pilot for transcripts, and we have made that permanent for RASSO—rape and serious sexual offences—victims, because we recognise how important it is for victims to have them. We are looking at a way of doing it, but the timeframe given by this new clause is just not possible or workable under the restrictions that we currently have within our court system. Similarly, new clause 12 would introduce a statutory entitlement to all victims of crime to request certain specified court transcripts: transcripts of sentencing remarks, judicial summings-up, bail decisions and conditions relevant to the case. As with new clause 4, providing those free of charge within 14 days of making that request would have significant cost implications and place a significant burden on the courts and the judiciary. However, as I have said, I want to reassure members of the Committee that the Government are working to improve access on court transcripts and ensure that free provision is focused on victims who need it the most. Bereaved families of victims of murder, manslaughter and fatal road offences can request a judge’s sentencing remarks for free, and between May 2024 and 2025 the Ministry of Justice ran a one-year pilot that enabled victims of rape and sexual offences whose cases were heard at the Crown court to request a free transcript of the judge’s sentencing remarks in their case. Victims of these offences were chosen because of the particular trauma that attending court can cause for them, resulting in a particular benefit in receiving a copy of the remarks—delivered in a sentencing hearing that they might find it difficult to attend for very understandable reasons—given the impact that those remarks can have on their recovery and in helping them to move on with their lives. Following that pilot, we are pleased to announce that victims of those offences will be able to request free transcripts on an ongoing basis. We are also exploring opportunities for the use of artificial intelligence in reducing the future cost of transcripts, and there is no doubt that the Government are taking action on this important issue. I hope I have reassured hon. Members. I am happy to work with them, as we have with Members across the House, to ensure that we get this right, but it is important that we get this accurate, and get it right, because there is a lot at stake in providing these court transcripts. Therefore, it is important that we do it holistically, rather than just immediately, because of the impact that that could have.

• 24 Jun 2025 · Victims and Courts Bill (Fifth sitting) · Hansard source

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  I thank the hon. Member for Kingswinford and South Staffordshire for new clause 4, which would require transcripts of Crown court sentencing remarks to be published and made freely available to the public within two sitting days of being delivered. Introducing that provision would place a significant financial burden on the criminal justice system in a challenging fiscal context, diverting valuable resources away from the wider system, potentially including other victims services. The release of any Crown court transcript requires judicial oversight to ensure that the reporting restrictions have been adhered to and that other public interest factors have been considered. For transcripts of all sentencing remarks to be published and made freely available within two sitting days would have significant operational and resource implications.

• 24 Jun 2025 · Victims and Courts Bill (Fifth sitting) · Hansard source

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  The new clause implies that there is a time limit on the Government’s ability to enforce unpaid fines imposed by the Crown court, and seeks to remove it. I reassure all hon. Members that this is not the case. There is no such limitation on the ability of the criminal courts or His Majesty’s Courts and Tribunals Service to enforce unpaid fines. We take the recovery and enforcement of fines very seriously, and we are fully committed to ensuring that financial penalties are paid. HMCTS has robust methods in place for doing so, including taking money from a defendant’s benefits and salary, and seizing and selling goods. Courts also have powers to send offenders to prison for non-payment of fines and other monetary orders. The new clause also seeks to empower the Secretary of State to initiate proceedings to recover unpaid fines. However, civil enforcement mechanisms such as charging orders and bankruptcy are already available, and other well-established enforcement options, including deduction from earnings and benefits, are already in place. Some offenders will do everything in their power to evade payment. They will move home or provide a false address, and there are processes in place to track them down using tracing tools and any legal routes for securing information gathered by other Government Departments and agencies. Bailiffs can be instructed to collect unpaid sums, and we have just launched a consultation on bailiff regulation, including a 5% uplift in fees to support early-stage recovery. We are also investing in the replacement of outdated IT systems to further improve the efficiency of enforcement arrangements. I support the intention behind the new clause. It is, of course, essential that fines imposed by the Crown court are collected and enforced. There is no time limit on our ability to enforce fines that remain unpaid, and for good reason. Prolific offenders can rack up substantial fines, which they may pay back through deduction orders or other enforcement orders over many months or years. Offenders may be serving time in prison for other offences, which means that any fines that remain payable during that period will not be enforced until they are released. We carefully monitor performance on the enforcement of fines. In 2023-24, HMCTS collected over £671 million in financial penalties, of which £10 million was for offences committed before 2017. We rigorously pursue money owed, no matter how old the debt. On average, by the time a financial penalty is five years old, 80% of the total imposition will have been collected. The actions we are taking will further improve performance in this area. For those reasons, we urge the hon. Member for Kingswinford and South Staffordshire to withdraw the new clause.

• 24 Jun 2025 · Victims and Courts Bill (Fifth sitting) · Hansard source

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  It is customary at this stage in proceedings to say a few words to mark the end of our deliberations in Committee. I welcome that the measures in this Bill command a substantial degree of cross-party support, and I am pleased that the Bill has had the benefit of rigorous scrutiny by members on both sides of the Committee. I thank the Opposition Front-Bench team, including the hon. Member for Bexhill and Battle—I wish him well in his recovery—for their careful consideration. I pay tribute to all hon. Members who have served so diligently on the Committee and made such thoughtful, valuable and powerful contributions. I thank you, Dr Murrison, and your co-Chair, Mr Stringer, for keeping us in very good order. I also thank the Government Whip, my hon. Friend the Member for Chester North and Neston. I thank the Clerks and the MOJ officials, particularly Rachel Bennion, Zara Bernard and Hayley Newell, for all of their work. I thank the Hansard Reporters and the Doorkeepers, and I look forward to the debate on Report, which I am sure we will come to soon.

• 24 Jun 2025 · Victims and Courts Bill (Fifth sitting) · Hansard source

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  It is a pleasure to serve under you in the Chair, Dr Murrison. I place on the record our well wishes to the shadow Minister, the hon. Member for Bexhill and Battle, and welcome the Opposition Whip, the hon. Member for Kingswinford and South Staffordshire, in his place today. On amendments 9 and 11, let me start by thanking the Justice for Victims campaign and, in particular, Katie Brett, whom I met again recently and whom I commend for her tireless campaigning for reform of the unduly lenient sentence scheme in honour of her sister Sasha. As the Opposition Whip mentioned, the Law Commission is undertaking a review of criminal appeals, and it has launched a public consultation inviting views on a range of reforms to the ULS scheme, including extending the time limit. The consultation is open to all and has been extended to 27 June. I urge him and anyone else with an interest to submit their views, if they have not already done so. The Government will review the recommendations by the Law Commission and act if necessary. Parliament intended the ULS scheme to be an exceptional power, and any expansion of the scheme must be carefully considered. Therefore, we will holistically consider the review’s final recommendations following publication of the report. On amendments 10 and 12, we recognise the exceptionally difficult circumstances for victims and their families in making a referral within 28 days. We heard about the impact that that is having on them directly in our evidence sessions last week. That is why anyone can ask the Attorney General or the Solicitor General to consider referring a sentence to the Court of Appeal. That is open to not just victims or relatives of a victim, but members of the public, the Crown Prosecution Service and parliamentarians—I myself referred cases to the Attorney General and Solicitor General when I was a Back-Bench Opposition MP—thereby taking the burden off victims and their loved ones. The Court of Appeal is less likely to increase a sentence after more time has passed, because of the double jeopardy risks of sentencing an offender twice. Particularly if enough time has passed that the offender has already completed their sentence, the Court may actually reduce an extra sentence in order to reflect that. That means that an extended time limit would have a more limited impact and, worse, it would create false hope for victims, leading them to delay requests to review and then retraumatising them, with uncertainty hanging over them for up to a year after the trial, when they are trying to move on with their lives. For that reason, it is important that sentences are certain and not subject to change for too long a period. Let me be clear: it is imperative that we provide better and clearer communication with victims by criminal justice agencies, including in relation to how and when information is given to victims and their families about the unduly lenient sentence scheme after sentencing. We heard loud and clear from victims last week about how the lack of communication and of awareness about the scheme was one of the issues. Under the victims code, the police-run witness care units are required to tell victims about the unduly lenient sentence scheme when they provide a victim or family with information about the sentence. We have already commenced the obligation in the Victims and Prisoners Act 2024 on those who provide victims code services to comply with the code unless there is a good reason not to do so. That ensures that agencies, including the police, are held to account for providing victims and their families with the service that they should expect. Once the new victims code is in force, we will also implement the code awareness duty, placing a legal responsibility on criminal justice agencies, including the police and the CPS, to promote the victims code to the public and victims of crime and ensure that every victim and their family are aware of their rights.

• 19 Jun 2025 · Victims and Courts Bill (Fourth sitting) · Hansard source

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  Clause 8 requires the Victims’ Commissioner to produce an annual report to Ministers that will provide an independent assessment of compliance with the victims code. The code sets out the minimum level of service that victims should receive from the criminal justice system in England and Wales. It is part of the Victims’ Commissioner’s role and core functions to keep the code’s operation under review. The Victims and Prisoners Act 2024 contained a new code compliance framework that will require criminal justice bodies to provide Ministers with data demonstrating how they are complying with the code, but that measure lacked independent oversight and scrutiny. In recognition of the role of the Victims’ Commissioner in keeping the operation of the code under review, this measure will place a duty on them to produce their own independent assessment of code compliance. The measure will strengthen their role within the code compliance framework and enhance independent and victim-focused scrutiny of code compliance, with the aim of improving the service that victims receive from criminal justice bodies. The report will also form a key part of the evidence that informs the ministerial annual report on code compliance. Once the code compliance framework is in force, Ministers will be under a statutory duty to have regard to the new report from the Victims’ Commissioner when preparing their own. As a result, we are removing the existing duty on Ministers to consult the commissioner during the preparation of their annual report, as previously set out in the Victims and Prisoners Act 2024. The Victims’ Commissioner will also be able to use this report to make recommendations to authorities within their remit, to which those authorities will be required to respond, helping to drive up compliance with the code. As a result, I urge that clause 8 stand part of the Bill.

• 19 Jun 2025 · Victims and Courts Bill (Fourth sitting) · Hansard source

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  It is vital to ensure that the Crown Prosecution Service can recruit and retain sufficient qualified Crown prosecutors. Clause 9 supports that aim by increasing CPS recruitment flexibility through the removal of an unnecessary legislative barrier. In turn, this will help to increase the pool of eligible candidates for appointment as Crown prosecutors. Currently, the CPS is restricted as to whom it can appoint as Crown prosecutors, because of an unnecessary legal requirement. That legislative barrier, set out in the Prosecution of Offences Act 1985, provides that Crown prosecutors and those who prosecute cases on behalf of the CPS must hold a general qualification. That definition excludes certain legal professionals, including most Chartered Institute of Legal Executives—CILEX—criminal practitioners. Those legal professionals hold the right skills and the specialist qualifications required to perform the Crown prosecutor role, including rights of audience, but they do not meet the “general qualification” criterion. That restriction limits the Director of Public Prosecutions’ ability to consider a wider pool of legal talent. It also reduces the CPS’s flexibility in managing existing and future recruitment challenges. The purpose of clause 9 is to remove the requirement for a general qualification under sections 1(3) and 5(1) of the 1985 Act. In so doing, it gives the Director of Public Prosecutions the discretion to appoint appropriately qualified legal professionals, such as CILEX practitioners, as Crown prosecutors for the CPS. It is important to stress that the removal of the “general qualification” criterion does not change the reality that prospective applicants must hold the necessary practice rights and meet the required competency standards in order to become Crown prosecutors. Rights of audience and the right to conduct litigation also remain protected as reserved legal activities under the Legal Services Act 2007. This change reflects the modern legal services landscape. Alternative routes to qualification are increasingly common and professionals from non-traditional backgrounds play a growing role in the justice system. By removing the unnecessary legislative barrier, the clause also supports the recruitment of a more diverse and representative cohort of Crown prosecutors. The measure does not require the CPS to appoint any specific type of legal professional; however, it gives it the flexibility to do so where appropriate and ensures that recruitment decisions remain firmly within the Director of Public Prosecutions’ control. Government amendments 1 to 7 are technical amendments to address an unintended consequence arising from the previous drafting of the removal of the statutory exemptions in the 1985 Act—it happens to the best of us, Mr Stringer. Although the policy aim was to ensure that only suitably qualified individuals could act as Crown prosecutors, we have since identified that many existing CPS barristers currently rely on the statutory exemption in section 1(6) of the Act to conduct litigation without separate authorisation from the Bar Standards Board. That exemption is appropriate, because those barristers act under the direction of the Director of Public Prosecutions when conducting litigation. The amendments ensure that the exemption remains in place, preserving the status quo for those who already rely on it, while removing it for other legal professionals, who do not meet the relevant qualification requirement but are now eligible to be designated as Crown prosecutors. This approach avoids unintended barriers for those barristers, supports the CPS’s operational needs and maintains the policy intent of enabling a broader, properly qualified pool of Crown prosecutors. The amendments will ensure that the clause operates as intended, broadening access to the CP roles while maintaining appropriate safeguards and supporting the CPS to meet its recruitment needs effectively. I commend the provisions to the Committee.

• 19 Jun 2025 · Victims and Courts Bill (Fourth sitting) · Hansard source

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  I thank the hon. Lady for those questions. I can happily and wholeheartedly reassure her on the last point. She will have heard the evidence given the Committee by colleagues in the Probation Service, who were quite forthright about the trauma-informed training provided to call handlers, which is so vital in such cases. They are well used to that, and we have provided additional funding and resources to enable training to continue so that they are well equipped to deal with the increased caseload that the expansion of the scheme and the new helpline will provide. On the annual report, the hon. Lady will have heard me say that there is a duty under the Victims and Prisoners Act 2024 to provide an annual report on victims code compliance. The victims code includes the right to information—the right to be notified—so that will be included in the compliance report. However, I take on board the hon. Lady’s comments about the need to make sure that victims are aware of the scheme, and that they are able to apply to it. All that will be brought into the victims code consultation that we will take forward later this year, to ensure that we bring more victims up to speed on what their rights are and what they are entitled to under the criminal justice system. We have a long way to go to ensure that victims are aware of their rights on the whole—not just rights to communication and contact. Question put and agreed to . Clause 5 accordingly ordered to stand part of the Bill . Schedule 2 agreed to . Clause 6 Commissioner’s power to act in individual cases relevant to public policy Question proposed, That the clause stand part of the Bill.

• 19 Jun 2025 · Victims and Courts Bill (Fourth sitting) · Hansard source

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  I thank the hon. Member for Eastbourne (Josh Babarinde) for tabling new clause 11, which would expand eligibility for the victim contact scheme, ensure timely and sensitive communication under the scheme, and require the Secretary of State to publish a report covering key data on the scheme. I am pleased to reassure him that victims of coercive or controlling behaviour, stalking and harassment will already be eligible for the new victim contact scheme, regardless of sentence length. I am also pleased to say that bereaved families whose loved ones have died as a result of manslaughter or death by dangerous driving will also be eligible for the scheme where the offender has received a sentence of 12 months or more. I wholeheartedly agree that victims of violent, sexual and dangerous driving offences that have resulted in a sentence of less than 12 months should also have a clear route to request and receive information about their offender. That is why the Bill guarantees that these cohorts can request information through a new dedicated victim helpline, and where appropriate, they will receive the information. We think this is the right approach. It targets resources and delivers proactive contact through the victim contact scheme to those who need the information most, while still providing a new dedicated helpline for all victims to request information. Turning to the second part of the new clause, the hon. Member for Eastbourne is right that victims deserve timely communication that is sensitive to their needs, but this is properly a matter of guidance and practice, not primary legislation. The upcoming consultation on the victims code offers an opportunity to consider how we can improve the delivery of the victim contact scheme, and I would welcome all Members’ engagement with that consultation once it launches.

• 19 Jun 2025 · Victims and Courts Bill (Fourth sitting) · Hansard source

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  In 2020, the Justice Committee carried out an inquiry into the private prosecution sector, resulting in the publication of a report, “Private prosecutions: safeguards”, on 2 October that year. I thank it for its diligent work and carefully considered recommendations. It made a number of recommendations to address the systemic issues highlighted by the Post Office Horizon scandal, and the Ministry of Justice has recently concluded a separate public consultation on the regulation and oversight of private prosecutors more generally. We are carefully considering the responses to that consultation, and will in due course publish a Government response on the steps we are taking to improve practice in the private prosecutorial landscape, including legislation if necessary. Separately, the Justice Committee made a recommendation about the costs recoverable from central funds by private prosecutors. It found that there is a disparity between the compensation available to a private prosecutor seeking to recover their expenses from public funds and a defence practitioner whose client is in receipt of legal aid. A private prosecutor can apply to the court for an order of payment from central funds of an amount that offers reasonably sufficient compensation for their expenses. However, there is little clarity about what constitutes reasonable sufficiency and, as a result, cost orders for private prosecutors tend to be at least five times higher than the rates available to legal aid lawyers, often for acting in the same cases. The Select Committee referred to evidence that the current cost regime for private prosecutions may give rise to perverse financial incentives, which are unlikely to lead to a just system. The Committee therefore recommended that the Government should review the funding arrangements for private prosecutions to reduce the disparity between payment rates for claims made by private prosecutors and defendants from central funds.

• 19 Jun 2025 · Victims and Courts Bill (Fourth sitting) · Hansard source

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  I am confident that there will certainly be more opportunities, given, as I have said, the nature of the issues facing the Ministry of Justice and the need for the Government to act to correct some of the difficulties and problems that we inherited. This Government are getting on with action to clean up the mess in our prisons, to reduce the criminal cases backlog and, through this Bill, to ensure that victims’ rights are heard. We are not sitting on our hands and waiting for appropriate vehicles; we are getting on with the job, and that is exactly what we are doing today. Question put and agreed to. Clause 10 accordingly ordered to stand part of the Bill. Ordered, That further consideration be now adjourned. — (Samantha Dixon.)

• 19 Jun 2025 · Victims and Courts Bill (Fourth sitting) · Hansard source

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  I am happy to clarify that the powers in the Bill that we are extending to the Victims’ Commissioner to allow that measure to take place will bring them in line with other commissioners, such as the Domestic Abuse Commissioner and the Children’s Commissioner, which do those functions and operate well across different agencies. Therefore, it is just a matter of replicating the powers of the Children’s and the Domestic Abuse Commissioners, and how they work in those other jurisdictions. I take that on board. Question put and agreed to . Clause 6 accordingly ordered to stand part of the Bill . Clause 7 Duty to co-operate with Commissioner: anti-social behaviour Question proposed, That the clause stand part of the Bill.

• 19 Jun 2025 · Victims and Courts Bill (Fourth sitting) · Hansard source

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  The next three clauses of the Bill, clauses 6 to 8, pertain to increasing the powers of the Victims’ Commissioner. In 2024, the passage of the Victims and Prisoners Act strengthened the role of the Victims’ Commissioner. Among other measures, it placed a duty on relevant bodies to co-operate with the Commissioner’s requests and respond to their recommendations. The Government’s manifesto committed to build on those powers, providing the Victims’ Commissioner with the full suite of tools to drive systemic change. These clauses deliver on that manifesto commitment. I take this opportunity to thank the Victims’ Commissioner, Baroness Newlove, for her engagement on these clauses and on the vital work she does every single day to support victims and witnesses. The Victims’ Commissioner’s role is fundamental to appropriate scrutiny of, and accountability for, the systems that support victims and of the criminal justice system. The clauses on the Victims’ Commissioner empower the commissioner better to hold the system to account. They are an important step towards building victims’ confidence in the system and rebuilding their trust. They will ensure that victims’ voices are heard and that the system that supports victims of crime and of antisocial behaviour are held to the same standards, and are effectively and thoroughly scrutinised. Clause 6 bolsters the Victims’ Commissioner’s ability to promote the interests of victims and witnesses by giving them a legislative foundation to act on individual cases, which expose systemic failure. Individuals’ lived experiences offer invaluable insights into how the system delivers for victims. Existing legislation lacks clarity on the extent to which the commissioner can act explicitly within the parameters of her existing functions in those individual cases. The clause makes it clear that the Victims’ Commissioner can choose to act on individual cases and where such cases raise public policy issues. That will promote the interests of other victims and witnesses who may face similar systemic problems. In practical terms, therefore, if the commissioner identifies an issue or a failure—such as a policy not being followed, or the absence of a relevant policy—that may have wider implications for other victims, she may request information from the relevant agencies. That could include an explanation of what went wrong and the steps being taken to address that, and recommendations on how improvements can be made across the system. To achieve that, the element of the legislative bar preventing the commissioner’s involvement in individual cases will be amended. Other elements of the bar will remain the same, including the preservation of the existing restrictions on the commissioner interfering with certain proceedings and with prosecutorial or judicial functions. The clause will enable the Victims’ Commissioner better to promote the interests of victims and witnesses on the issues that impact on them directly.

• 19 Jun 2025 · Victims and Courts Bill (Fourth sitting) · Hansard source

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  On the wider concerns about private prosecutions, the shadow Minister will have heard me say that we will shortly be publishing our response to the consultation that this Government carried out. We recognise that there is more to do in this area, and we will act if the recommendations suggest that we should do so. He will also know that, sadly, this Government inherited a justice system in absolute chaos, which has resulted in us having to bring forward a number of urgent reviews, including into sentencing and court backlogs, and a number of legislative vehicles. I guarantee that there will be ample opportunity for us to legislate on these issues during this parliamentary Session should that be deemed appropriate given their nature.

• 19 Jun 2025 · Victims and Courts Bill (Fourth sitting) · Hansard source

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  I will happily reassure the Committee that the measures will not reduce professional standards in any way. As I have said, they will simply remove unnecessary barriers that prevent qualified individuals from becoming Crown prosecutors. We are all aware, sadly, of the issues with backlogs in our Crown courts and cases waiting a long time to get to trial. Part of the reason for that is recruitment challenges in the CPS. I respectfully challenge the comments from the previous DPP. The measures are not a cost-cutting exercise. They are about ensuring that we have the broadest level of talent while maintaining the highest professional standards, so that more victims see justice and more perpetrators are held to account for their crimes. Amendment 1 agreed to. Amendments made: 2, in clause 9, page 11, line 5, after “subsection (3)” insert “who does not have a general qualification (within the meaning given by section 71 of the Courts and Legal Services Act 1990)”. See the explanatory statement for Amendment 1. Amendment 3, in clause 9, page 11, line 11, leave out “persons designated for the purposes of subsection (3)” and insert “such a person”. See the explanatory statement for Amendment 1. Amendment 4, in clause 9, page 11, line 19, after “omit ’” insert “but”. This amendment updates the text to be omitted from section 5(1) of the Prosecution of Offences Act 1985 so that the provision reads correctly in light of the amendment to that provision currently included in the Bill. Amendment 5, in clause 9, page 11, line 22, leave out “persons” and insert “a person”. See the explanatory statement for Amendment 1. Amendment 6, in clause 9, page 11, line 23, after “subsection (1)” insert “who does not have a general qualification (within the meaning given by section 71 of the Courts and Legal Services Act 1990)”. See the explanatory statement for Amendment 1. Amendment 7, in clause 9, page 11, line 29, leave out “persons appointed under subsection (1)” and insert “such a person”.— (Alex Davies-Jones.) See the explanatory statement for Amendment 1. Clause 9, as amended, ordered to stand part of the Bill. Clause 10 Private prosecutions: regulations about costs payable out of central funds Question proposed, That the clause stand part of the Bill.

• 19 Jun 2025 · Victims and Courts Bill (Fourth sitting) · Hansard source

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  I beg to move amendment 1, in clause 9, page 11, line 4, leave out “persons” and insert “a person”. This amendment and Amendments 2 to 7 ensure that exemptions conferred by sections 1 and 5 of the Prosecution of Offences Act 1985 remain available to persons with rights of audience in relation to certain proceedings in the Senior Courts and all proceedings in the county court and magistrates’ court.

• 19 Jun 2025 · Victims and Courts Bill (Fourth sitting) · Hansard source

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  I am happy to reassure the hon. Member on that point. These provisions have been drafted in consultation with colleagues, including from HMPPS, to ensure that we have the necessary resources. He will know that we have provided additional funding for the new helpline, and for the additional resources required to expand the victim contact scheme. That is all laid out in the economic impact assessment of the legislation. We will, of course, keep it under review to ensure that adequate resources are available to support victims, and give them the communication that they require.

• 19 Jun 2025 · Victims and Courts Bill (Fourth sitting) · Hansard source

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  The amendment seeks to insert a requirement for the family court to consider every prohibited steps order made under clause 3. The shadow Minister’s intention in moving the amendment is noble. However, the Government must ensure that we are acting in the best interests of all children, and there are several reasons why this amendment cannot be accepted. First, we must protect the children and families in these horrific circumstances from unnecessary procedural burdens, particularly when there is no challenge to an order by the parties involved. Under clause 3, the prohibited steps order will have been made because an offender has been convicted of serious child sexual abuse offences against a child for whom they hold parental responsibility. For the child, that means that the very person who was supposed to protect them has committed some of the most heinous acts of abuse against them. In such cases, we believe it is right that a prohibited steps order is made automatically, and that it would not be in the best interests of the child or their siblings for their abuser to continue exercising parental responsibility. However, we have provided flexibility for cases to be considered by the family court, where there is an application to do so. This amendment would require the victim and their family to go through another set of potentially traumatic legal proceedings after the criminal case has concluded. This would prevent them from moving on with their lives, and we do not want to put that burden on victims and their families at what will already be an incredibly difficult time. We think it is right that, instead of mandating further consideration in the family court, the offender and others should apply to the family court to vary or discharge an order. Furthermore, we must consider the impact this amendment would have on other, unconnected children already involved in family court proceedings. The family court makes difficult decisions about some of the most vulnerable children in our society every single day. This amendment would increase the caseload in the family court and would undoubtedly impact on the time it takes to resolve cases. Every member of this Committee will have constituency casework involving the family court, and we do not wish to add to its caseload. It is important that the family court can resolve cases as quickly as possible, and the Government do not want to add to the volume of cases in the system, unless it is absolutely necessary. Finally, the amendment has inconsistencies that would create difficulties in its application. It maintains the definition of “local authority” as the relevant local authority at the time the verdict of acquittal is entered or the sentence is reduced. As drafted, the amendment leaves open questions as to who the relevant local authority is in cases where no appeal has been made. This would place an additional burden on the Crown court to ascertain who the relevant local authority is and would risk the measure being applied inconsistently. The good intentions behind this amendment are clear. We all want to ensure that children and their welfare are protected. However, this amendment is not the way to do that. For the reasons I have outlined, we do not think that mandating a family court review is the right approach in these cases, and I urge the shadow Minister to withdraw the amendment.