Victims and Prisoners Bill

Debate between Lord Meston and Baroness Newlove

Report stage
Tuesday 23rd April 2024 Lords Chamber

[Lord Meston (CB)]

My Lords, I will speak briefly again in relation to the provision of transcripts covered by Amendment 19. I fully understand the point and the force of the amendment and wish to emphasise a point that perhaps the noble Baroness did not. She is not, in fact, talking about transcripts of the whole trial or transcripts of sections of evidence. I could not help suspecting that the costly examples she gave were of much lengthier transcripts than transcripts of the summing-up and sentencing remarks about which she seeks to make provision under this amendment.

To that extent, the noble Baroness may well have undermined her own case, because I suspect that transcripts of the sentencing remarks and summing up are much cheaper, but I cannot give expert evidence on that. Particularly important to some victims is the transcript of the sentencing remarks, because that gives the victim, and those who may advise or support them or provide them with therapy and counselling, an appreciation of what the judge assessed to have been the culpability of the offender and the impact on the victim.

As far as it concerns the provision of a transcript of the summing up and sentencing remarks, I support this amendment. This is subject to the caveat I mentioned at an earlier stage: in the case of sexual offences the distribution of transcripts needs to be subject to safeguards, because otherwise they can and do fall into the wrong hands. From time to time, I have been asked to authorise the distribution of a transcript, and a lot of thought has to go into who can and cannot see them and what happens to them once provided. If they get into the wrong hands, it will do the victim, among others, a great disservice.

[Baroness Newlove (Con)]

My Lords, I will speak to Amendment 57. Why would I not, since it is a duty to collaborate and co-operate? We like a lot of “C”s in this Bill. I also support what has been said about transcripts. It is so important to have the sentencing remarks, so that further down the line you have the time to read them and digest them. I have some sympathy and understanding of what it feels like.

This amendment is so important to future Victims’ Commissioners. In Committee, I told noble Lords that it was time we gave the Victims’ Commissioner the tools to do the job that Parliament intended. I am not on the state pension yet, but this amendment would mark the coming of age of the role of Victims’ Commissioner. It would require criminal justice agencies listed under the victims’ code to co-operate with commissioners not as a favour or because they happen to get on with them but because they have a statutory duty to do so. This is how it should be.

When I met my noble and learned friend the Minister to discuss this amendment, he told me that commissioners had very different roles, and that the authority given to one commissioner should not automatically be given to others. I do not disagree but—I say this with the greatest respect to him—that is not why I back this amendment. All commissioners rely on the co-operation of government departments and agencies to deliver an outcome. They do not, as a rule, have executive powers invested in them. Whatever the differences in their remits, whether it be victims, domestic abuse, children or modern slavery, the underlying requirement to work collaboratively with key stakeholders remains the same. All commissioners are dependent on the co-operation of others if they are to effect change.

My office was asked to provide examples of where agencies have not co-operated in the past. We duly provided this information. I do not intend to share our examples today, but I believe they made the case for the change that we are calling for. To allay any concerns, we recognise that sometimes data might simply not be available or that there may be very good reasons for not sharing it with us. However, the reasons for withholding information are not always explained to us, and we do not always get the impression that agencies have considered whether they hold other sources of data that might be helpful as a substitute.

In conclusion, when asking my team members for other examples, I was concerned to be told that they generally do not ask for information as they know that it will not be shared with them. That cannot be right. If further Victims’ Commissioners are to be part of the solution in driving change and improvement, they need the support and co-operation of criminal justice colleagues. I await to hear what the Minister will say, but I am tempted to support the amendment if it is put to a vote.

Victims and Prisoners Bill

Debate between Lord Meston and Baroness Newlove

Committee stage
Wednesday 31st January 2024 Lords Chamber

[Baroness Newlove (Con)]

My Lords, I am listening to all of this. My brief, from my team, is to correspond with Ministers, but I will speak, I hope in a succinct way—because I do waffle at times and get so distracted because I am that passionate—and as eloquently as other speakers in the Chamber.

I have dealt with transcripts—I am showing my age here—since 1980. This is how I know we should not have to have this discussion. As a committal court assistant, I used to take evidence down and do these transcripts the old-fashioned way with headphones and typing. That got abolished because of cutbacks. I then became a legal PA where I did barristers’ briefs. Again, everything was all there for the client, the defendant and everyone else, indexed.

Then came Garry’s murder. I listened to everything at a 10-week court trial. I listened to my daughters giving evidence. They wanted to come back and sit in the court, but as a mum I advised them it was too brutal for them. I am very glad I did, because five QCs goaded by defenders is not something I want my children to see after seeing their dad kicked to death. So, I know that element of it. I did get a summary of the judge’s direction, but I do not remember that document to be perfectly honest because it is so traumatising. I found a lot more out from the media, believe it or not, because they could see the dock and they give out everything 24/7—even to this day, I check on things because my mind is a blur.

Parole hearings are where statements are made. People do not know what date the parole hearing will be, they are just asked to do it and it goes off—not into the iCloud, but into something they cannot control. In all of this, the defendants and the barristers for the offender have a copy. The offender has a right to see these copies. In parole hearings, the offender has a right to see what I say about the impact of the crime. Surely, we should be able not to pilot this scheme, but to have the decency to just give a copy. We can go to the Post Office and pay 15p for a photocopy of a document. We have a digital system now even for passport photographs; we can go in a photo booth and give a code number and it appears on GOV.UK. Surely, we can have a copy of the transcript—the direction, the sentencing, how it was all resolved—for whenever a victim decides to pick it up. It is at their discretion, but surely we should not be looking at the monetary value of their damage, of the direction of the sentence and the direction for the judge, because it is so important to victims.

I ask my noble and learned friend: could we have further discussions and make sure that every victim of crime, not just those of rape and sexual abuse, has the opportunity to have that document whether in their hand or digitally? For too long it has been the offender’s right to see everything and surely now, while we are discussing victims legislation, we could have that in this Bill, to say they have a right free of charge, and let them have that document for sound peace of mind.

[Lord Meston (CB)]

My Lords, what this debate has shown is the need for some clarity about what can and cannot properly be provided to the victim after criminal proceedings. While I understood and supported the provision of a transcript, the conventional view always was, at least until I heard the arguments today, that the provision of a transcript of the whole trial would be very expensive and probably, in many cases, unnecessary and of little benefit. However, if modern technology enables it to be done much less expensively, then so be it. Indeed, the transcript or a recording could and should be provided. Subject to that, clearly a free transcript of the sentencing remarks of the judge or bench, or a transcript of the summing up in cases in which there has been a contested trial and an acquittal, could be of considerable value in helping victims and their families understand what was decided and why.

In particular, the sentencing remarks may help victims and their families to understand what account was taken of the impact on the victim and the court’s assessment of harm. In some cases, a transcript could also be provided to those offering counselling, therapeutic services and treatment to victims, or otherwise offering them professional advice. However, I would like to hear what can now be usefully provided without enormous expense, in the light of modern technological advances.