Victims and Courts Bill

Debate between Baroness Levitt and Lord Sandhurst

Monday 9th February 2026 Lords Chamber

[Baroness Levitt (Lab)]

My Lords, Amendments 3, 4, 8 and 9, once again in the names of the noble and learned Lord, Lord Keen of Elie, and the noble Lord, Lord Sandhurst, seek to give a victim or a bereaved family a defined role in the process of ordering someone to attend their sentencing hearing.

Victims have been at the forefront of this measure. It is precisely because an offender’s refusal to attend sentencing can compound the trauma for victims that we are giving judges an express power to order attendance, building on the judge’s existing common-law powers. Whether to order attendance must remain a judicial assessment of what is in the interests of justice. It will be made case by case, with the judge retaining the ultimate discretion having considered all the circumstances.

As I said when responding to the previous group, we anticipate that judges who are considering making an attendance order will hear submissions from both prosecution and defence. Prosecuting counsel will inevitably be expected to advance the views of the victim and the family, having sought them beforehand and having asked them; I can tell the Committee from my own experience that if they have not spoken to the victim or the victim’s family, the judge is likely to tell them to go away and do so—so it happens now. If there is no victim personal statement, the judge will, in my experience, inevitably say, “Why isn’t there one? Does the victim want to make one?” I can tell the Committee, again from my own experience, that the views of victims and their families are given great weight by the judge.

That said, we are anxious not to create unrealistic expectations in the minds of victims or their families that they would have the right to require the offender’s attendance at court. That could lead to some difficult experiences for victims and their families. What if, for example, the judge were to find that the offender had a reasonable excuse for non-attendance but the family of the victim disagreed? Plainly, the judge’s decision would have to prevail, but at what cost to the family if they had believed that they had the right to require attendance? We do not want to make sentencing hearings any more stressful or distressing for victims than they already are.

Judges must have the discretion to do what is right based on the facts in front of them and the submissions that they hear. There will be cases where it is not in the best interests of victims or families for the offender to be in court, including the occasions—thankfully rare—when the offender is likely to be disruptive or disrespectful and cause further distress.

To place a statutory duty on the court to consult a victim whenever an order is not made risks creating additional delay at the point of sentence. What, for example, if the victim’s family have chosen not to attend court, yet there is a mandatory statutory duty upon the judge to find out and consult them? As I have already said, the one thing that the Crown Courts do not need is any additional delay. In addition, such a statutory requirement risks placing an additional unnecessary emotional burden on victims and families.

The Bill preserves judicial discretion. We expect judges to take account of all relevant circumstances, including victims’ interests, and we are confident that they will do so because that is what they already do. I therefore invite the noble Lord to withdraw his amendment.

[Lord Sandhurst (Con)]

My Lords, I am grateful to noble Lords who contributed to this short but thoughtful debate, particularly the noble and learned Lord, Lord Thomas of Cwmgiedd. This debate has underlined how crucial these provisions are to the overall purpose of the Bill, why they warrant close attention and the balance that may have to be struck. We must, of course, get this right.

The Bill was brought forward with the express purpose of strengthening victims’ rights and improving their experience of the criminal justice system. But, as drafted, if we are not careful, victims will remain on the sidelines of a key decision-making process: whether an order should be made to compel an offender to attend their sentencing hearing. If the Bill does not allow victims to make explicit requests for compelled attendance then it will fall short of its own purpose and logic.

Notwithstanding the Minister’s assurance as to what happens in practice so far as the CPS is concerned—or happened when she was sitting in the Crown Court—surely it should be made obligatory for the CPS to ask the victim whether they wish the defendant to be compelled to attend and, if in receipt of a positive answer, to pass that view to the court. It will then be for the judge.

The current position is that judges have discretion to use their powers to compel attendance, even without a request from the prosecution, but we suggest that it is not clear when judges would exercise that power. We look to Ministers to confirm that—whether from them or, as the noble and learned Lord, Lord Thomas, has pressed for, from the judiciary—there should be guidance as to the exercise of the powers. We would also be grateful if the Minister would outline the reasoning behind why these orders are not automatic in the event of non-attendance and when reasonable force can be safely administered.

Our amendments offer a simple and straightforward improvement. They would have ensured that victims could make such requests and are consulted where the court is minded not to make a compulsory order, regardless of whether they had made the request. Sentencing hearings are often the final opportunity for victims to be heard and to feel that they are heard, so why would we deprive them of a say in decisions that directly shape that experience? Victims’ voices must be embedded in the process; they should not be treated as merely passive observers.

We have also observed that where a victim has died or is incapacitated, the system must not simply move on without them. Family members or appropriate representatives should be consulted in their place. We hope the Minister will carefully reflect on the points raised today to help fulfil the Bill’s stated purpose and fill what I am sure are unintentional gaps in its drafting. We look forward to hearing how the Government intend to move forward in due course but, for the moment, we will not press these amendments.

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[Lord Sandhurst (Con)]

My Lords, Amendment 35, standing in both my name and that of my noble and learned friend Lord Keen of Elie, would insert a new clause into the Bill to extend the safeguarding framework in Clause 3 beyond serious sexual offending so that it also applied to those convicted of the most serious child cruelty offences. In effect, it would mirror Clause 3.

Before I address the amendment in detail, I want to place on record my thanks to Helen Grant, Member of Parliament, for her tireless work on this issue. Over a number of years and across several Bills, she has consistently drawn Parliament’s attention to a clear and troubling gap in our safeguarding framework—that is, the absence of a coherent, systematic response to the most serious forms of child cruelty. Her campaigns for a child cruelty register and her persistence in ensuring that these issues remain firmly on the parliamentary agenda are no doubt something that all noble Lords can both respect and support.

Clause 3 introduces an important and welcome provision for the protection of children. The logic is compelling: where conduct is so grave that it demonstrates a fundamental incompatibility with the exercise of parental responsibility, there should be an automatic safeguarding mechanism. Amendment 35 asks a simple but profound question: why should that logic apply only to sexual offences and not to other, most serious forms of child cruelty?

The new clause proposed by the amendment would mirror the architecture of Clause 3 in many ways. It would introduce a duty on the Crown Court to make a prohibited steps order where an offender with parental responsibility was convicted and sentenced for a defined list of serious child cruelty offences. The threshold for such offences would be a custodial sentence of two years or more. We suggest that that is an appropriate balance between protection and practicability.

These offences have been carefully selected and reflect those on Helen Grant’s proposed child cruelty register, for which the Government have previously expressed support. They embrace serious crimes such as causing or allowing the death or serious harm of a child, child cruelty and neglect, infanticide, certain offences under the Offences Against the Person Act where the victim is a child, and offences relating to female genital mutilation, FGM. During the Crime and Policing Bill, the noble Baroness said,

“Ministers will continue to pursue this issue with vigour”.—[Official Report, 20/1/26; col. 250.].

The offences set out in this amendment strike at the very heart of a child’s safety and well-being. It is only right that a prohibited steps order be imposed.

If the Government truly believe in acting to prevent child cruelty, then to reject this amendment would be to defend an inconsistency in the current framework which we say is difficult to justify. A parent convicted of a serious sexual offence might automatically be prevented from exercising parental responsibility, while a parent convicted of causing severe physical harm or life-threatening neglect may not be. From the child’s perspective, that distinction is artificial. The harm is real, the risk is real and the need for safeguarding is just as acute. This amendment does not undermine family life unnecessarily. It does not sever parental responsibility permanently. It simply ensures that in the most serious cases, no steps may be taken by the offender without the oversight and consent of the family courts. They are best placed to make decisions concerning welfare and long-term outcomes. The amendment would bring coherence to the Bill and align it with the broader safeguarding principles that Parliament has repeatedly endorsed.

This amendment is motivated by a simple proposition. Children who have suffered the most serious forms of cruelty deserve the same automatic safeguarding protections as those who have suffered serious sexual abuse. I commend this amendment to the Committee and urge the Government to engage constructively with it, in the same spirit in which Clause 3 itself was conceived. I look forward to the Minister’s response.

[Baroness Levitt (Lab)]

My Lords, the automatic restriction of a person’s parental responsibility is a novel change to the law and must be done in a responsible and proportionate manner. The Government want to understand how these new measures operate in practice before we consider expanding the scope to other offences. We will carefully monitor how the provision operates once it is implemented and, as part of that implementation, officials will develop a system to help us understand the impact the measures are having, how the measures work in practice and how we can make improvements. For cases not in scope of the measure, whether that is because they fall outside the four-year threshold that has previously been debated or because they involve different crimes such as child cruelty, there are existing routes available in the family courts to restrict the exercise of parental responsibility. It is our evaluation that it is right that children are protected in that way while we evaluate the effect of the measures in the Bill. For these reasons I invite the noble Lord, Lord Sandhurst, to withdraw his amendment.

[Lord Sandhurst (Con)]

My Lords, I find that an interesting reply. No reasons are given other than that this is novel. The provisions in Clause 3 are themselves novel, and all we ask is that where a serious offence of cruelty has been committed in respect of a child, that should be sufficient reason to adopt the same approach as that taken with sexual assault. What is the difference in practice for the child between being sexually assaulted and suffering cruelty? Having said that, we hear what is said and will engage with the Minister between now and Report, but we will wish to consider the position on Report.

Victims and Courts Bill

Debate between Baroness Levitt and Lord Sandhurst

Monday 9th February 2026 Lords Chamber

[Lord Sandhurst (Con)]

My Lords, I am grateful to all noble Lords for their valuable contributions to this debate and to the noble Baronesses, Lady Brinton and Lady Goudie, for bringing forward the amendments.

Amendment 38 in the name of the noble Baroness, Lady Brinton, proposes a new clause that seeks to place a duty on relevant authorities to commission support services for caregivers of victims of domestic abuse, sexual violence or exploitation. The amendment would ensure that those with responsibility for the victims are not overlooked by the system and have access to the appropriate support. I look forward to hearing the Minister’s response as to how the amendment could be delivered and might function in practice.

Amendments 43 and 44 would introduce new clauses concerning restorative justice. These build on the provisions in the Bill, better to enable victims to explain the impact of a crime to the offender and to participate meaningfully in the justice process. Some victims engage with restorative justice services, but such engagement must be voluntary. Victims should not be placed under any pressure to engage further with the offender. None the less, there are findings showing that these services reduce the likelihood of offenders reoffending and can result in other social benefits, including delivering value for money. We on this side are interested to hear from the Minister how the Government will ensure that services such as these are used where it is thought they are likely to be beneficial.

Amendment 45 in the name of the noble Baroness, Lady Goudie, seeks to implement the recommendation of the Modern Slavery Act 2015 Committee that victim navigators be rolled out nationally so that they are available in all cases. In response to that recommendation, the Government stated in December 2024 that they want to build on the research of the previous Government on how best to support victims. In addition, the Government said they had met the NGOs delivering the victim navigator programme to understand its impact and to explore options for expansion. We have also heard an authoritative and persuasive speech from the noble Lord, Lord Stevens of Kirkwhelpington, who obviously has real hands-on experience in this area. We should listen carefully to what he has to say, and I hope the Minister will speak to him and engage with him.

We look forward to hearing an update from the Minister on what further research has been undertaken and what conclusions the Government have reached since then. I reiterate my thanks to noble Lords for raising these important issues, all of which speak to the purpose of the Bill: to ensure that victims receive the support and services they deserve throughout their journey through the justice system.

[The Parliamentary Under-Secretary of State, Ministry of Justice (Baroness Levitt) (Lab)]

I shall speak first to Amendment 38 in the name of the noble Baronesses, Lady Brinton and Lady Hamwee. While entirely understanding the motivation for the amendment, the Government believe that it would be neither necessary nor helpful to place a statutory obligation on certain authorities to commission certain support services for this cohort. In a world of finite resources, that would prioritise provision to third parties.

I reassure the noble Baronesses that the parents and carers of victims of abuse and exploitation can already access support services. The funding that the Ministry of Justice provides to the Rape and Sexual Abuse Support Fund and to police and crime commissioners can be, and is, used to commission specific support services for parents and carers.

Parents and carers will often access services that the victim themselves is accessing, particularly where the victim is a child. Parents and carers of victims of crime can also seek mental health support or other support through local services and the NHS. Having said this, I recognise that more can be done to support this cohort. As part of the violence against women and girls strategy, this Government has committed up to £50 million to transform support for victims of child sexual abuse through expanding the use of child houses. These are incredible places, as anybody who has had a chance to visit the one in London can tell you. They offer vital wraparound support to non-abusing parents and carers in one physical location. In addition, the Ministry of Justice has founded the Centre of Expertise on Child Sexual Abuse to develop an online directory of support services for those affected by child sexual abuse. This can be easily navigated to identify services for parents and carers and other affected adults.

I turn now to Amendments 43 and 44 in the names of the noble Baronesses, Lady Brinton, Lady Jones and Lady Hamwee. This Government recognise the positive impact that restorative justice can have in appropriate cases and are very grateful to the restorative justice providers who continue to offer this important service. We agree that when delivered in the right circumstances restorative justice can improve victim satisfaction, reduce reoffending and bring benefits to victims, offenders and their communities. Under the current victims’ code, victims must be told about restorative justice services when reporting a crime, but we have been told that this may be too early—we are listening— and that is why under the new code consultation launched last week we are retaining this but have proposed an additional entitlement for the victim to be told about restorative justice again after an offender has been convicted. We look forward to engaging stakeholders during the code consultation.

Where services are available and victims and offenders are willing, referrals are already made, and that is supported through PCC-funded local services alongside our facilitation of restorative justice across prisons and probation. However, placing referral to restorative justice for all victims on a statutory footing, in our view, is neither necessary nor appropriate. Restorative justice self-evidently requires the consent and participation of both parties and the safety and welfare of those involved is paramount. Automatic referral is therefore not always suitable. For example, a victim of stalking who has fought tooth and nail to end all contact might understandably see the offer of restorative justice as, at best, insensitive and, at worst, a way in which the perpetrator in their case could continue their campaign.

The Government already monitor delivery. PCCs submit biannual reports as part of the MoJ grant management process, providing insight into victim support services, including restorative justice. Many PCC police and crime plans also set out clear commitments to supporting restorative justice. In our view, introducing a further national assessment would simply duplicate these existing measures. As we prepare for upcoming changes to the PCC commissioning model, we will explore changes to the delivery of victims’ funding, including restorative justice, to ensure that this is delivered in the best way in the future while avoiding unnecessary statutory requirements. For these reasons, I invite the noble Baroness to not to press her amendments.

I turn now to Amendment 45 in the name of my noble friend Lady Goudie and the noble Baroness, Lady Jones of Moulsecoomb. We value the excellent work delivered by Justice and Care through its victim navigator programme. This Government are committed to ensuring that victims of modern slavery and human trafficking are supported to help rebuild their lives and to engage with the criminal justice system to bring those who have exploited them to justice. We recognise the positive impact that tailored support can have on securing victim engagement, and that is why we have already put provision in place across a number of areas important for supporting prosecutions. Adult victims of modern slavery and human trafficking are already supported by the modern slavery victim care contacts in England and Wales. That is where they have access to a dedicated support worker who will support them to help access legal aid, legal advice and legal representation and assistance during criminal proceedings.

The Home Office is also in the process of procuring the new support for victims of modern slavery contract for adults. To support child victims of exploitation and modern slavery, the government-funded independent child trafficking guardian service provides specialist modern slavery support and advocacy, across two-thirds of local authorities in England and Wales, to child victims and professionals who work with them. This includes help for the child to navigate the complexities of the criminal justice system. An invitation to tender for the national contract, which covers all of England and Wales from 2027, is currently live. Because of the existing provision, the Government do not consider it necessary to enact an additional statutory requirement to fund independent victim navigators, as this would duplicate the support services they have already put in place. I hope that, in the light of this, my noble friend will feel able not to press her amendment.

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[Lord Sandhurst (Con)]

My Lords, I thank my noble and learned friend Lord Garnier, the noble Baroness, Lady Brinton, and the noble Lord, Lord Russell of Liverpool, for bringing forward their amendments and helping to shape what has been a valuable debate about the issue of just compensation for victims.

Amendment 40, in the name of my noble and learned friend Lord Garnier, raises an important concern about how the victims of fraud, bribery and money laundering offences can be better compensated both domestically and abroad. Indeed, I have heard his arguments on more than one occasion before and never failed to be persuaded by them.

These crimes do not just inflict monetary loss on victims; they often involve sophisticated deception. They can cause significant psychological distress, emotional trauma and lasting insecurity. More widely, they undermine trust in our society, and so deserve the Government’s attention. The Government must look carefully at my noble and learned friend’s suggestions for a review. It could be important and beneficial for the City of London, as a centre of finance of worldwide renown. If we can take the lead on this, that would be an encouragement to people to do business here.

This brings me to Amendment 67, in my name. I should say that a gremlin came in here—and I am not blaming the typist. Where it says:

“Sentencing guidelines on court fines”,


it should of course say compensation orders. The amendment is intended to correct an imbalance for victims. Its purpose is clear: to ensure that victims are compensated properly, according to the actual value of items stolen. This principle would apply in cases of fraud, burglary or theft, and in any other crime which has resulted in a victim suffering financial loss. The responsibility for repayment should be put squarely on the offender through the issuing of compensation orders. It is only right and just that offenders pay back the value of what they have stolen to their victims. There should be a direct link, so that offenders fully face up to the consequences of their actions in a real and logical way.

This measure is simply proportionate. At present, offenders may not be made even to begin to compensate for the damage inflicted, which only adds further insult to injury. To correct this imbalance, the amendment would require the Sentencing Council to revise the relevant sentencing guidelines within 18 months of the Bill receiving Royal Assent. This would lead to a more consistent approach across cases, and sentencing would recognise and account for the amount actually taken or lost. Justice for victims should be material, not merely symbolic. That would help to strengthen public confidence in our courts. We urge the Minister to give serious consideration to the amendment.

Amendment 46, in the name of the noble Baroness, Lady Brinton, and Amendment 47, in the name of the noble Lord, Lord Russell of Liverpool, concern the criminal injuries compensation scheme. The former seeks to broaden its eligibility to all victims of child abuse; the latter aims to bring online-only child sexual abuse into the scope of recognition of the scheme. It is important that the scheme keeps apace with the evolving landscape in which criminal activity now takes place. All victims must be properly supported, with access to the appropriate mechanisms for compensation and redress. I look forward to hearing the response of the Minister, on how the scheme can be updated.

[Baroness Levitt (Lab)]

My Lords—

Trials: Timeliness

Debate between Baroness Levitt and Lord Sandhurst

Monday 10th November 2025 Lords Chamber

[Baroness Levitt (Lab)]

The noble Lord raises an interesting point. I can understand why it could be seen that the responses to the riots had been prioritised, but there are many reasons why those prosecutions took place very quickly. The first is that many of the cases were straightforward and could be dealt with in a magistrates’ court; the second is that, in relation to many of them, the evidence was very strong and people pleaded guilty; and the third is that the decisions involved were made by the police, the Crown Prosecution Service and the independent judiciary. The Government made sure that they had the resources if they needed them, but no pressure was put on them to decide how to do it.

[Lord Sandhurst (Con)]

Recent data from the Criminal Bar Association shows substantial regional variations in trial delays. What specific steps are being taken to reduce these geographic disparities in trial delays?

[Baroness Levitt (Lab)]

I thank the noble Lord for that question. It is an interesting point. For example, the delays are much worse in central London than they are in Wales. There can be all kinds of reasons for that. I have already said that a trial, as the noble Lord knows, is a complicated factor. There are difficulties because you cannot just, for example, ship cases out to somewhere else; we cannot send a whole lot of London’s cases out to Cardiff because of the effect on victims, witnesses and defendants and the movement around of people within the prison estate. But it is important to look to see where lessons can be learned from other parts of the country and to see whether they are doing things that could be imported to other parts of the country so that we can do better there.

Financial Provision on Divorce

Debate between Baroness Levitt and Lord Sandhurst

Monday 10th November 2025 Lords Chamber

[Lord Sandhurst (Con)]

I hesitate to interrupt, but does the Minister not appreciate that marriage is a status but non-marriage is not a status, and that the time has come for the two to be looked at separately: divorce on the one hand and how you look after those in other relationships on the other? The Law Commission has done a lot of work and the ground has been laid. We can go down parallel paths, but they should not be linked and heard at the same time. I see everyone else in this Chamber nodding.

[Baroness Levitt (Lab)]

I am afraid I am going to have to disappoint the noble Lord, Lord Sandhurst, because our assessment is that looking at these matters piecemeal will run the risk of creating new disputes and injustices. In the end, it is about making sure principally that children are protected when the relationships from which they are born end up dissolving.

I assure the noble and learned Baroness—