Victims and Courts Bill

Baroness Hamwee Excerpts

Tuesday 10th March 2026 Lords Chamber

[Lord Russell of Liverpool (CB)]

My Lords, I was very happy to put my name to the amendment from the noble Lord, Lord Polak, not least because he and I, every Thursday morning in the post-legislative scrutiny committee for the Domestic Abuse Act, hear from the sector exactly what is going on and, perhaps more pertinently, what is not going on.

The Minister, like me, is a great fan of the “child house” approach to treating children who have had the most appalling direct physical and sexual abuse. It demonstrates what best practice looks like. Best practice really makes an enormous difference and is incredibly efficient, is very incisive and can work very quickly. That is partly why His Majesty’s Government have thankfully decided to roll this out throughout England to a large degree; that is a great step forward.

As we take evidence, we are hearing again and again that there are examples of really good practice. I recognise that it is unrealistic to imagine that His Majesty’s Government are suddenly going to find coffers bursting with money to enable the whole panoply of support services that one would wish victims to be able to access—that is not going to happen. However, I appeal to the Government and their officials to identify those examples of really good or best practice that are making a difference, rather than taking a blanket approach and saying we need to try to cover all support services. Clearly, some are dramatically more effective than others.

My appeal to the Government is to try to strategically identify those support services that are making a huge difference. For example, two areas that make an enormous difference are the independent domestic violence advocates and the independent stalking advocates. The proof of the pudding in both those areas is that when those individuals are involved and work with the victim from very early on, first, the victim’s experience is transformed for the better, but secondly, and more pertinently from the point of view of the Ministry of Justice, there is a much higher chance of the case coming to court and there being a successful prosecution. Not only does it help the victim but it helps the Government achieve their laudable aim to reduce violence against women and girls.

I do not expect the Government to say that there is a magic wand and that Rachel Reeves is the Minister’s new best friend, but I hope that an approach to identifying services similar to the Lighthouse, which really make a performative difference, could be identified more strategically and assisted more proactively and in a more focused way.

[Baroness Hamwee (LD)]

My Lords, I will focus on the amendment from the noble Lord, Lord Hacking, and the noble Baroness, Lady Jones. We seem to have done a bit of mini-regrouping within the group, but I checked with my noble friend Lady Brinton and I think she will wind up the group while introducing her own amendments at the same time.

At the last stage the Minister resisted the proposal for more victim navigators on the basis that the service is already provided, but victim navigators are quite distinct in what they do from the Salvation Army and their subcontractors funded by the Home Office. As I said, I supported the amendment in Committee but I did express a reservation about the ambitious six-month period within which they could be rolled out. Victim navigators are collocated with police in the forces where they work—the term “embedded” with the police seems to be used quite often.

I was a member of the Modern Slavery Act 2015 Committee, and the comments on victim navigators in our report were under the heading “Evidence gathering”. That describes quite a lot of what they do. I will try not to repeat what other noble Lords have said, but the link between support of the victims and the criminal justice system is their job, filling a very specific gap with access to details of cases but with the independence to build trust. They are of great value to the police—and we know how difficult it is to get convictions in this area.

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[Baroness Hamwee (LD)]

My Lords, the noble Baroness, Lady Chakrabarti, and I were members of the Justice and Home Affairs Committee of this House, which was formed only in 2020. Our first inquiry and report were on the advent of new technologies in the justice system. During that work, I often asked myself—sometimes aloud—how you would feel if you were arrested, charged, convicted and imprisoned on the basis of evidence that not only did you not understand but could not be explained. We now know how people felt and feel.

That was in 2022, which was centuries ago in technical terms. I realise that the lexicon has expanded here and I hear terms that I have never heard before, but the basic issues remain. Our concerns then were about transparency and regulation, among other things, and that anyone could be affected. We were talking not just about insider trading and corporate fraud, as one witness powerfully put it, but

“high-volume data that is mostly about poor people”.

We found a lot of enthusiasm for the technology, but not a corresponding commitment to a thorough evaluation of it. These Benches support Amendment 21, which seems to have been a very constructive contribution to taking these issues forward.

At the last stage, I supported Amendment 22. I do so no less now. Sometimes we show that we are not as open as we should be to the way that society moves on or to the life experiences of people younger than almost all of us and how they wish to express them. I do not really feel qualified to say more than that.

[Lord Keen of Elie (Con)]

My Lords, this has been a thoughtful debate. I thank the noble Baroness, Lady Chakrabarti, and her supporters for their work on these issues.

On Amendment 21, I reiterate the sentiments expressed in Committee and by many noble Lords across the House from all parties. In light of the appalling Post Office scandal, keeping in mind the increasing use of artificial intelligence, the need to remove the presumption of reliability for computer evidence is now clear. The noble Baroness has responded to some of the concerns expressed in Committee in bringing forward this redrafted amendment. I commend her attention to this issue.

My concern is that the Government have had long enough to look at this. Their call for evidence closed on 15 April 2025, so I look forward to hearing from the Minister where we are now, given that the call for evidence is a year old. I am sure she will be anxious to update us on that.

I understand the basis for Amendment 22, but I have some reservations about its detail. There is an issue about the objectivity of the conditions listed in subsection (2) of the proposed new clause. I would certainly be interested to hear more about how the court should consider who is suitably qualified to give evidence about

“linguistic and artistic conventions and the social and cultural context of the creative or artistic expression”.

It is an important area, but it is also a difficult one that will repay further consideration.