Courts and Tribunals Bill (Ninth sitting)

(Limited Text - Ministerial Extracts only)

Committee stage
Thursday 23rd April 2026 Public Bill Committees

[The Chair]

With this it will be convenient to discuss the following:

Amendment 63, in schedule 2, page 38, line 33, leave out from “only if” to the end of line 35 and insert

“the Crown Court considers that—

(a) the appeal has a realistic prospect of success, or

(b) there is another compelling reason for the appeal to be heard.”

This amendment would broaden the test for granting permission to appeal from magistrates’ courts, so that appeals may proceed where they have a realistic prospect of success or where there is another compelling reason for the appeal to be heard.

Amendment 64, in schedule 2, page 38, line 33, after “appeal” insert “against sentence”.

This amendment is consequential upon Amendment 66.

Amendment 65, in schedule 2, page 39, line 1, after “(3)” insert “and (5)”.

This amendment is consequential upon Amendment 66.

Amendment 66, in schedule 2, page 39, line 10, at end insert—

“(5) There is a right to renew an application for permission to appeal orally.

(6) Grounds for appeal may raise issues of procedure and fact arising in the trial as well as law.”

This amendment ensures a right to appeal orally, and provides that grounds for appeal include procedure and fact, as well as points of law.

Amendment 54, in schedule 2, page 39, line 16, leave out from “if” to end of line 18 and insert

“the defendant has made one.”

This amendment would require the Crown Court to allow an appeal if the defendant makes one.

Amendment 55, in schedule 2, page 42, line 15, leave out “magistrates’ court” and insert

“jury in the Crown Court”.

This amendment would allow the Crown Court to order a retrial by jury in the event that it allows an appeal against a conviction or sentence in the magistrates court.

Amendment 56, in schedule 2, page 47, line 13, leave out “magistrates’ court” and insert

“jury in the Crown Court”.

This amendment would allow the Crown Court to order a retrial by jury in the event that it allows an appeal against a conviction or sentence in the magistrates court.

Amendment 57, in schedule 2, page 49, line 36, leave out from “Court” to end of line 39 and insert

“must allow an appeal under section 108 if the defendant makes one.”

This amendment would remove the provision limiting appeals to specific grounds and instead ensure the Crown Court allows appeals if one is made.

Schedule 2.

Amendment 37, in clause 26, page 35, line 19, at end insert—

“(3A) The Lord Chancellor may not make a statutory instrument containing regulations under subsection (3) bringing section 7 into force until he has undertaken an assessment of the rate of upheld appeals on convictions and sentences handed down in the magistrates’ court in the previous two years.”

This amendment would prevent the restriction of right of appeal against magistrates court decisions unless the rate of successful appeals from the magistrates courts has been below 10% in the previous two years.

[The Minister for Courts and Legal Services (Sarah Sackman)]

It is a pleasure to see you in your place, Dr Huq. I thank the hon. Members for Blackburn (Mr Hussain) and for Bexhill and Battle, and my hon. Friend the Member for York Central (Rachael Maskell), for tabling the amendments in this group.

I will come to the amendments, but first I will take the opportunity to set out the rationale for the clause and schedule 2. The existing position for criminal appeals from the magistrates court is this: when an appellant wishes to appeal a conviction or sentence in the magistrates courts, they proceed to a full rehearing of their case in the Crown court. They do not have to state why they wish to challenge their conviction or sentence, nor produce any grounds for appeal. They simply lodge an appeal and obtain a full rehearing in the Crown court.

In many cases, there is no justifiable reason for that, yet the impact on victims and witnesses, who are often required to go through the ordeal of a second trial, in the Crown court, can be significant. Indeed, we heard from victims in the Committee’s evidence sessions that going through a trial was so traumatic that they would have probably dropped out if the case had been appealed to the Crown court.

Part of the evidence that persuaded Sir Brian Leveson to make recommendations 21 and 22 in his report, in respect of appeals, was that

“many minor sexual assaults that were dealt with in the magistrates courts or the youth courts, which could include rape, almost automatically went to appeal to the Crown court, on the basis that the victim would not turn up the second time and be prepared to go through the whole process again.”––[Official Report, Courts and Tribunals Public Bill Committee, 25 March 2026; c. 9, Q11.]

This situation is unique in our criminal justice system. Magistrates courts are the only criminal court in which there is an automatic right to appeal without filter. In every other criminal court, including the Crown court, the appellant must obtain permission to appeal, they must provide their grounds, and the court has the opportunity to review appeal applications to determine whether there are sufficient grounds to warrant reconsideration.

The purpose of the clause and the provisions in schedule 2 is to bring magistrates courts appeals in line with other criminal appeals processes, and thereby reduce the number of unnecessary hearings that progress to the Crown court. That has the dual benefit of reducing the burden of appeals on victims and witnesses, and ensuring a sensible use of court resources, reserving Crown court time for the most serious cases.

Let me be clear on the data. Of all the cases in the magistrates court, which we know can be hundreds of thousands, only 1% get appealed to the Crown court. This to me is indicative of a system that generally commands confidence. I understand the concerns about access to justice, but to be clear, the right to appeal in magistrates courts remains. Defendants will still be able to appeal a conviction or sentence in magistrates courts, but with a straightforward permission stage, as already exists elsewhere, so that appeals with arguable grounds continue to receive a full appeal hearing. Appellants will retain the ability to seek a judicial review of a refusal of permission in the High Court, and applications to the Criminal Cases Review Commission remain possible where there have been alleged miscarriages of justice.

The clause also mandates the recording of trial and sentencing proceedings to support the evidential record for appeals. This is a significant step in making our courts more transparent and open to scrutiny, and it provides an opportunity to go further than in the current criminal procedure rules. The clause is proportionate and targeted. It will filter out unmeritorious, weak applications, helping to increase efficiency across the criminal courts and reduce the burden of appeals, which we know is born by witnesses and victims, while maintaining fairness and access to justice.

Amendment 63 was tabled by the hon. Member for Blackburn; I seek your guidance, Dr Huq, on whether it has actually been moved.

[The Chair]

It is in the group.

[Sarah Sackman]

Thank you, Dr Huq. Amendment 63 seeks to broaden the test for allowing an appeal from magistrates courts under the new reforms. The amendment expands the existing test so that permission will be granted where there is some other compelling reason. That is a test used in civil proceedings in the Court of Appeal civil division. There is not equivalent test for appeals in the Court of Appeal criminal division, which is what our new process for appeals in the magistrates courts is based on.

One reason why a court might hear an appeal due to some other compelling reason is to seek an authoritative binding judgment on a particular issue. A Crown court cannot provide a binding decision as to the law on magistrates courts generally, whereas the High Court can. If the appellant wished to appeal for this reason—in other words, in order to seek a binding judgment on a point of law—they could achieve that by using the existing process of appeals by way of case stated to the High Court. In short, we do not think it would be appropriate for there to be appeals to the Crown court in this context.

Instead, we have replicated the existing grounds for appeal in the Court of Appeal criminal division: whether it is reasonably arguable that an appeal will be allowed. An appeal of conviction will be allowed if it is unsafe, which can be the consequence of the incorrect application of the law, procedural irregularities, or the introduction of fresh evidence. An appeal against sentence will be allowed in the same circumstances as in the Court of Appeal: where a sentence is manifestly excessive or otherwise wrong in law or principle. These are well-established tests.

We are committed to ensuring that we create a fair appeals system that provides adequate safeguards for summary justice. In the event that appellants feel an incorrect decision has been made in respect of their application for permission, they have the opportunity to seek a judicial review of that decision to the High Court. I remind the Committee that, as I said earlier, the introduction of recording equipment into magistrates courts to accompany the change in the appeals process will increase the ability to scrutinise the decisions of magistrates courts. I hope I have reassured the Committee of our commitment to a fair and accessible criminal appeals process, and I urge that amendment 63 not be pressed to a Division.

Amendments 64 to 66, tabled by my hon. Friend the Member for York Central, relate to the right to renew an appeal for permission to appear at an oral hearing if the appeal has been refused on the papers. I will deal with these matters sequentially.

The right to renew an application for permission at an oral hearing when it has been refused on the papers does exist in appeals from the Crown court to the Court of Appeal. We decided not to replicate the provision for appeals from the magistrates courts. There will be occasions when an oral hearing may be regarded as necessary in order for a Crown court judge to determine whether to grant permission to appeal. For that reason, we have included a provision in proposed new section 108A of the Magistrates’ Courts Act 1980, so that judges can hold an oral hearing if they feel it is necessary or for the purpose of making a determination more expeditiously.

However, the key is whether an oral hearing is necessary in the context. We are keen to avoid an influx of applications to renew permission to appeal at an oral hearing where that is unnecessary. That is particularly important when we consider the high volume of cases that our magistrates courts already consider, and the higher volume of cases that we anticipate they will be considering after the other reforms in the Bill come into play. The volume of appeals from magistrates courts to the Crown court will therefore be higher, proportionally, than the volume of appeals from the Crown court to the Court of Appeal. If we include provision for appellants to renew an application for permission that has already been refused, we risk creating a higher volume of unnecessary oral hearings than in the Court of Appeal, thereby placing a significant and unnecessary strain on Crown court time.

I understand that the amendment is driven by the desire to ensure that adequate safeguards are built into the process, and I hope my hon. Friend will be reassured that, as I have said, refusal of permission can still be challenged by applying to the High Court for judicial review.

The second part of the amendment provides that the grounds of appeal may be based on issues of procedure and fact arising in the trial, as well as on points of law. I want to reassure my hon. Friend that the grounds for appeal as currently drafted in the Bill capture the points raised in the amendment. An appeal of conviction will be allowed if it is unsafe, which can be the consequence of an incorrect application of law, procedural irregularities or fresh evidence.

Appeals of sentence could also be successful on the basis that the magistrates court has made a mistake as to the facts of the case or made a procedural error, as long as, by virtue of that mistake, the sentence was manifestly excessive or wrong in law or principle. The amendment would not change that position.

For the reasons I have set out, I urge Members not to support amendments 64 to 66. In essence, they are already covered by the Bill.

I thank the hon. Member for Bexhill and Battle for tabling amendments 54 and 57, which would provide that whenever an appeal against conviction or sentence is made from the magistrates court to the Crown court, the appeal must be allowed, irrespective of whether there is any merit in the appeal. I suspect that was not the intention behind the amendments. If I read them in the spirit that I imagine they were tabled, I think they were designed to remove the permission test, rather than indicating to the Court that it should allow all such appeals.

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

I am grateful to the hon. Member for Wimbledon, who is not in his place, for the advice received in relation to amendment 54, which was drafted with the assistance of the Clerks. The Minister is right that our intention was to unpick the barriers at the permission stage that the Bill introduces. I think her point applies just to the first amendment; the other amendments fit because they are about what happens after a successful appeal and how it might be re-instigated. On that basis, I will not press amendment 54 to a vote. We will table a suitable amendment at a later stage.

[Sarah Sackman]

I am grateful to the hon. Gentleman for that clarification. I was pretty sure that that was what he must have meant and that it was not his intention to suggest that we should, essentially, allow and uphold all appeals as an automatic right. I understand, though, his intention to debate the merits of the permission test in the Bill.

I should make one point about the consequence anticipated in the amendments, in terms of appeals being directed automatically to a jury trial. To be clear, that is not how appeals currently operate, whereby a judge sitting with magistrates rehears the case on appeal in the Crown court. The effect of the amendments together could mean that we would see large numbers of appeals of conviction being allowed and sent to the Crown court for a retrial by jury, absent any permission test or filter. That could mean, for example, that low-level summary-only offences, such as being drunk and disorderly, are added to the Crown court caseload and, by extension, the backlog, which would only increase the waiting times for the more serious offences, which we want to get on with more expeditiously.

I am grateful for the hon. Gentleman’s correction, but we take issue with not just the effect of the amendment but the fact that it would mean that appeals would go to a jury trial, because that would extend the right to, or access to, a jury trial, which we do not want to encourage in this context. I anticipate that the intention was to expand the grounds for permission, so that instead of applying a test, any application for permission would be allowed. This would essentially remove the permission filter and return us to the status quo, where there is an automatic right to a rehearing on appeal, absent any filter for the merit of an appeal.

--- Later in debate ---

For all those reasons, I oppose clause 7 and schedule 2. The current appeal route from the magistrates court exists for a reason. It is a vital safeguard used in a tiny proportion of cases, but succeeds at a strikingly high rate. The Government’s proposed replacement would introduce a narrower permission-based, paper-heavy and single-judge process for a claimed saving of only 500 sitting days. I am wholly unconvinced that that is anything close to an acceptable trade-off. It is especially unconvincing when paired with clause 6, which expands the seriousness of what magistrates may do in the first place.

[Sarah Sackman]

I am grateful to all the Members who have spoken for the points they have raised. Without repeating myself, they have focused on a number of areas. The first is the concern around access to justice under the new process. We had a good debate on the question of the availability of legal aid in an earlier sitting. As I have said, the Government are committed to fair and accessible routes to legal aid. There are mechanisms such as passporting for those on universal credit. An example given was that the vast majority of prisoners do not have an income. The real picture is that the vast majority of them, unless they have personal wealth, do access legal aid and therefore would be represented and supported by those who are able to give legal advice in what are, of course, high-stakes situations.

As I mentioned in the earlier debate, a hardship mechanism is available where the matter necessitates greater complexity and expenses. I recognise that, where there are litigants in person, there is more to do, and part of the implementation and delivery of these reforms will involve looking at what support can be given to those who find themselves in that position. At the moment, litigants in person in the Crown court on appeal to the Court of Appeal are given targeted information and forms that allow them to formulate grounds of appeal and that make it user-friendly and intelligible to a lay person. That sort of thing will have to be put in place if a permission stage is extended to the magistrates court.

The points that have been made are valid, but I also want to present a realistic picture of the fact that the majority will continue to access legal aid. As I said earlier, the Department has committed to review the position once we know what the final shape of the Bill looks like to ensure that we are not creating a problem in respect of access to justice. However, in the event that there are litigants in person, we also know that we need to strengthen support for them more broadly across the system, not just in the context of these reforms. That will be a vital feature of the implementation.

The second issue raised was about the trade-offs between the efficiency savings versus the introduction of a permission filter to match the sort of permission filter that already exists in the Crown court. While I recognise that the current volume of appeals, in the context of the volume of work that the magistrates undertake, is small, that will grow as the volume of work that the magistrates undertake grows.

The sorts of appeals where success is achieved are precisely the ones that will not be prevented by this appeal test, because it is a low bar; all that has to be shown is reasonable arguability, and a court can identify that straightforwardly. It is not as if, all of a sudden, a huge risk to access to justice is created. However, what is permitted is the filtering out of wholly unmeritorious appeals, the volume of which may grow as the overall volume of cases within the magistrates court expands.

[Dr Mullan]

I direct the Minister to the report from the Law Commission, which said that there was no significant evidence of people abusing the system or lots of unmeritorious appeals. The point is that someone has looked at this in detail, on an independent, non-party political basis, and they do not support the suggestion that there are lots of appeals going through that should not be in there.

[Sarah Sackman]

I will say two things to that. Obviously, that report—as is typical from the Law Commission—is non-partisan, but it predates the reforms we are proposing in the Bill, which will inevitably increase the volume of cases we are talking about. It goes back to the point that, where we have finite resources, if the permission stage filters out only a relatively small number of cases—in fact, that is how I anticipate it will work—then that is all to the good, because even those take up a disproportionate amount of Crown court resources that we can ill afford to have directed to wholly unmeritorious appeals. That is what we are getting rid of.

The other thing is that this test is focused on specific grounds, much in the same way as exists in Crown court appeals. The treatment of that appeal can be directed towards the issue that has been the cause of the appeal, rather than having the whole thing looked at again, which is currently the case.

[Dr Mullan]

It is about the combination of those concerns, along with the fact that there are unrepresented people. The Minister is right to say that people who have representation, if their appeals are valid, will be able to carry on, because they will continue to meet the test. The reason the Opposition support the broader approach is because there are people who do not know the detail of the law or how to make a successful application. That is why there should be a freer approach. The concern is about those two things combining.

As my hon. Friend the Member for Reigate pointed out, not only are things being made more consequential—longer sentences and a lower likelihood of a jury trial—but at the same time it is becoming more difficult in the other direction. That feels counterintuitive and not in line with what the Government are saying about making the system fairer. On that point, the Government are moving in directly opposing directions.

[Sarah Sackman]

I have heard that argument, but I do not accept it. I do not think the provision makes it less fair. But I accept that there is work to be done, which does not necessarily need to be reflected in the Bill, to support litigants in person, and to examine the approach and the structure to legal aid, to narrow the gap for those who do not have access to it. That way we can reduce the number of people who have to navigate the system without legal representation.

I will not repeat the arguments that I made earlier. For those reasons, I commend the clause and schedule 2 to the Committee.

Question put, That the clause stand part of the Bill.

Division 29

Question accordingly agreed to.

Ayes: 9

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Labour: 9

Noes: 5

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Liberal Democrat: 2
Conservative: 2
Green Party: 1

Clause 7 ordered to stand part of the Bill.

--- Later in debate ---

[Sarah Sackman]

I thank the hon. Member for Chichester for tabling the amendment. As she acknowledged, there has been fruitful cross-party working on the issue. I am really pleased to see the progress that we have made, both as a matter of open justice, because timely justice must be fair and transparent, and, candidly, because technology is our friend here and is enabling progress. It must be robust and tested, because the ability of AI to enable redactions where needed has to be properly studied, which is why we have initiated an AI study. But I am pleased with the progress that we have been able to make and that, as a Parliament, we will continue to make.

[Dr Mullan]

I have always struggled somewhat with the question of redaction. If reporting restrictions are in place, what can be shared and so on will be controlled, but anybody can sit in a court and listen to the whole thing, unredacted. I am not quite sure that I understand the absolute focus on transcripts being redacted. If someone could have sat in that court and written down what was said, word for word, why are we worried about its being redacted? The judge is the person who can say, “You can’t report that, beyond what you’ve heard,” but, separately, why are we so much more concerned about transcripts than we would be about open court, where everyone can hear the whole thing?

[Sarah Sackman]

It is context specific, which is exactly why we have a study: to test the level of accuracy. Accuracy is really important; we do not want a lot of judicial time to be taken up reviewing the accuracy of transcripts before they can be put out. That would not be a good use of judge time, which should be spent running trials and getting them concluded. In some contexts, most obviously in family law, redaction is really important.

[Jess Brown-Fuller]

On the shadow Minister’s point, does the Minister agree that, especially for victims of serious crime, there can often be things in court transcripts that might, without giving addresses, clearly describe the location where something happened? Although the shadow Minister is right to say that anybody can attend a trial, that could be used subsequently to retraumatise somebody, because they would be aware of exactly where something happened. It could also identify someone’s address, for example if it refers to the corner shop at the end of their road: even if the address may be redacted, the detail is not always. Does the Minister agree that redaction plays a really important part in protecting vulnerable witnesses and victims?

[Sarah Sackman]

Yes, I do. This is why we have to get this right. As I say, we are firmly committed to improving transparency across the system and making a success of it, but those changes have to be balanced against the operational realities and the financial realities in which our court system operates.

Proposed new section 108S of the Magistrates’ Courts Act 1980, to be inserted by schedule 2 to the Bill, will already provide the power for the rules of court to provide free transcripts to any person the Secretary of State directs. The amendment is therefore not required, as the intended effect will already be achieved under the current drafting.

We have taken significant steps to strengthen transparency, including expanding transcript provision, so that all victims who want them will be able to request free transcripts of Crown court sentencing remarks directly relevant to their case from as early as spring 2027. That is a meaningful step forward for victims. In cases of public interest, Crown court sentencing remarks are already published online, and broadcasters are able to film sentencing remarks in the Crown court with the agreement of the judge.

We are focused on driving improvement for the longer term, exploring how technology, including AI, can reduce the cost of transcript production in future and make it more widely available. That is why we are undertaking a study into the use of AI transcription in court hearings. All this work will provide this Parliament and future Parliaments with an evidence base for future decisions about how transcript provision could be expanded in a way that is operationally sustainable and delivers real-world benefits for victims, including in the magistrates court, over time, as recording capability expands.

[Rebecca Paul]

One thing I have increasingly noticed, particularly in high-profile cases, is that people live-tweet, setting out exactly what is going on. That is another thing to bear in mind. I very much welcome the progress that the Minister has set out, but in the world of social media it is important that people, and particularly victims, can get an accurate transcript as easily as possible, especially if something inaccurate has been tweeted out.

[Sarah Sackman]

The hon. Lady raises a valid point. All sorts of work needs to be undertaken about the use of social media in courtrooms, whether by juries or other participants, and where that is and is not appropriate, particularly in the context of reporting restrictions that are put in place for a good reason. But on this point, we think that the amendment is not needed. We can continue to make progress informed by an evidence base. For those reasons, although we are in real consensus on the principle of this, I urge the hon. Member for Chichester to withdraw her amendment.

[Jess Brown-Fuller]

I appreciate the Minister’s constructive collaboration on this issue, but as it is my job to hold the Government’s feet to the fire, I will press amendment 17 to a vote.

Question put, That the amendment be made.

Division 30

Question accordingly negatived.

Ayes: 5

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Liberal Democrat: 2
Conservative: 2
Green Party: 1

Noes: 8

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Labour: 8

--- Later in debate ---

Division 31

Question accordingly agreed to.

Ayes: 8

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Labour: 8

Noes: 5

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Liberal Democrat: 2
Conservative: 2
Green Party: 1

Schedule 2 agreed to.

--- Later in debate ---

[Sarah Sackman]

I am grateful to my hon. Friend the Member for Easington (Grahame Morris) for tabling amendment 67.

The speech that the hon. Member for Reigate just made was not only helpful and constructive, as is so often the case, but really compelling. At a societal level, we have been on a journey with regard to how we approach rape and serious sexual violence. There is a recognition that for far too long not only has the court been in danger of becoming a site for re-traumatisation, but frankly the response of our entire criminal justice system has been inadequate to meet what is now widely recognised to be an epidemic of violence against women and girls in our society. Unless we send a message at the very pinnacle of the criminal justice system that that is unacceptable and we cannot tolerate it, and get serious about conviction rates, the amount of charging decisions and the number of cases that come to court, we will not deter people from this kind of behaviour. Her speech setting that out, and some of the work that was done before this Parliament to get here, was very valuable.

Let me begin by setting out the rationale for clause 8, and then turn to amendment 67. Far too many victims of rape are dropping out of the justice system because they feel that they are the ones on trial. That needs to stop. Following the Law Commission’s careful consultation, the Bill will stop rape myths and misconceptions entering our court rooms. Clauses 8 to 11 will raise the threshold so that a victim’s past sexual history or previous allegations can be used only when necessary and relevant. The reforms will also prevent the defence from insinuating that victims are lying or motivated only by money just because they claimed compensation or reported a previous offence. We will also allow patterns of domestic abuse, of any type and against any victim, to be shown to the court in cases where they indicate a propensity for further offending.

All those measures sit alongside the Government’s wider efforts to improve the victim experience of the justice system. This Government have already implemented special protections for victims’ counselling records. We have commissioned a new project led by Professor Katrin Hohl to bring Operation Soteria into the courtroom. We are rolling out trauma-informed training for not just judges but all court staff, and we have dedicated £6 million, to be invested over the next two years, to deliver independent legal advice for rape victims. Taken together, these measures are transformative.

Clause 8 reforms the framework that governs when sexual behaviour evidence about a complainant may be introduced in criminal proceedings. Section 41 of the Youth Justice and Criminal Evidence Act 1999 sets out important protections intended to prevent irrelevant or prejudicial material about a complainant’s previous sexual behaviour from being placed before the court. The Law Commission’s consultation found that the current provisions are complex and difficult to navigate, and that they are not being applied consistently across cases. That speaks to the point made by the hon. Member for Bexhill and Battle about monitoring the new framework, but some of this has been driven by the monitoring of the existing framework, and ensuring, by codifying the test, greater consistency of practice.

As a result of that complexity and inconsistency, there are some instances where sexual behaviour evidence about a victim’s previous sexual behaviour is admitted to a court and heard by a jury, despite it having no real bearing on the case. Simplifying the law will help judges to apply a clearer and more coherent test. Clause 8 replaces the existing statutory gateways with a clearer admissibility test. It will continue to be the case that sexual behaviour evidence should not be admitted into the court unless approval is granted by the judge. Judges must consider whether the evidence has substantial probative value. The clause also requires judges to consider a series of statutory factors, including whether the evidence relies on improper inferences, rape myths or misconceptions.

These reforms clarify the law, rather than altering the threshold per se. They reflect principles that are already applied by courts but set them out in a more structured way, which will improve consistency and transparency. We will also extend the new threshold to all offence types, not only sexual offences. This is because issues relating to a victim’s past sexual behaviour may occasionally arise in other trials, and complainants in those cases should benefit from the same safeguards and be treated equally.

The purpose of the clause is not to prevent a defendant from having a fair trial or to exclude evidence that is genuinely relevant; it is to ensure that decisions about admissibility are based on proper evidential reasoning and not on prejudicial assumptions. For that reason, I commend the clause to the Committee.

Amendment 67, which was tabled by my hon. Friend the Member for Easington, seeks to exclude from the proposed admissibility threshold any sexual behaviour evidence that took place prior to the charge, but that is connected to the offence. That goes against the purpose of the clause, which as I have said is to ensure that sexual behaviour from a victim’s past is admitted only when it has clear relevance to a significant issue in the case or is important explanatory evidence. That is to prevent evidence that relies solely on perpetuating rape myths and misconceptions from being used against a victim.

The amendment, which as we have heard has support from across the combating violence against women and girls sector, would significantly broaden the amount of sexual behaviour evidence that the defence could bring to court without any consideration from the judge, including evidence that neither has substantial probative value nor is important explanatory evidence.

Sexual behaviour evidence connected to the event itself could, for example, include any previous sexual behaviour between the same two parties, even though we know that the majority of sexual violence occurs within a relationship. That would allow a huge amount of sexual behaviour evidence to be brought into court entirely unscrutinised and unfiltered by the judge. Insinuating that because a victim has previously engaged in sexual behaviour of the same kind or with the same defendant they are somehow more likely to have consented to the events on trial is a well-known misconception.

Whether or not that was the intention of my hon. Friend the Member for Easington in tabling the amendment, the effect would be to perpetuate this narrative, and we cannot accept it. I therefore urge my hon. Friend the Member for Bolton South and Walkden to withdraw the amendment.

[Yasmin Qureshi]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Ordered, That further consideration be now adjourned.—(Stephen Morgan.)