Victims and Courts Bill (Third sitting)

Anneliese Midgley Excerpts

Committee stage
Thursday 19th June 2025 Public Bill Committees

[The Chair]

With this it will be convenient to discuss clause 2 stand part.

[Anneliese Midgley (Knowsley) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Stringer. I just want to say a few words about the provisions in this Bill on attending sentencing hearings and related prison sanctions, because this issue is incredibly personal to me. I do not think we would be sitting in this Committee today, with this Bill in our hands, without my constituents Cheryl Korbel and Antonia Elverson, who have fought hard to make this happen.

Many of us will know Cheryl’s story: just quickly, for the record, her nine-year-old daughter, Olivia Pratt-Korbel, was tragically shot and killed in their own home in 2022. As if that was not horrific enough, the man who killed her, Thomas Cashman, did not turn up to court and did not attend that sentencing hearing, which meant that Cheryl did not get to read her victim impact statement out to him. There was confusion at the court; she did not know what was happening, and it came very late in the day. This has been a source of pain, because she felt out of control and that she had a lack of agency.

In my first surgery, Antonia and Cheryl came in and told me about their case, and I have had the pleasure and the privilege of supporting them. I want to thank the Government and put on record today that I have been in every meeting with them, with the Prime Minister, the Lord Chancellor and this Minister, my hon. Friend the Member for Pontypridd. That was not just consultation; it was Antonia and Cheryl’s suggestion about sanctions and attending the sentencing hearing that put this measure in the Bill. I thank the Government for listening to and acting for people. I know that there were other families on the frontline who were listened to as well.

This measure is because of those family members, and I pay tribute to them. This is what a Government can do when they really listen to people and act in that reality. That is why we have this Bill today.

[Alex Davies-Jones]

I thank my hon. Friend for that powerful speech. I place on the record my thanks to her and her constituents for all of the brilliant work that they have done in ensuring this measure becomes law, and to ensure that no other families have to face what her constituents and, sadly, many other families have had to face.

I will speak to both clauses 1 and 2 at the same time, as they are very much linked. In recent years, as we have heard, several murderers—most recently Lucy Letby and Kyle Clifford—have refused to attend their sentencing hearings. That causes victims’ families significant further distress. It can be seen as a final insult, denying the families the opportunity to see the full administration of justice for their loved ones and allowing offenders to avoid having to hear and confront the consequences of their horrific crimes. The provisions in clause 1 and 2 recognise the impact that such behaviour has on victims and their families in compounding their trauma.

Clause 1 inserts proposed new sections 41A and 41B into a new chapter 2A within part 3 of the Sentencing Act 2020. Proposed new section 41A introduces an express statutory power for the Crown court to order an offender to attend their sentencing hearing. It makes clear that an offender who refuses to attend their hearing without reasonable excuse commits a contempt of court, meaning that adult offenders are liable for an additional two years’ custody and/or an unlimited fine, or, in the case of a child offender, a maximum penalty of £2,500. That also applies to offenders who, following an order to attend, commit contempt by misbehaving or disrupting the proceedings and are removed as a result.

Proposed new section 41A makes it clear that, for adult offenders, reasonable force, where necessary and proportionate, can be used to give effect to the court’s order to deliver them for their sentencing hearing. The final decision on whether to use reasonable force will remain with the prison and escorting staff. Children will not be subject to reasonable force for this purpose, in line with existing policy.

The second part of clause 1, proposed new section 41B, goes further than ever before by introducing a new power for Crown court judges also to impose prison sanctions on any adult offender who is subject to an attendance order and commits a contempt of court by refusing, without reasonable excuse, to attend their sentencing hearing, or who attends, but is removed from the hearing because of their conduct. That can be instead of or alongside any other punishment imposed by the court.

Victims and Courts Bill (Second sitting)

Anneliese Midgley Excerpts

Committee stage
Tuesday 17th June 2025 Public Bill Committees

[Caroline Voaden]

Q If the four years is reduced on appeal, would that measure still stand?

Alex Davies-Jones: I would have to come back to you to clarify that point, but I am happy to do so.

[Anneliese Midgley (Knowsley) (Lab)]

Q I thank the Minister for listening to my constituent Cheryl Korbel, the mother of Olivia Pratt-Korbel, who was killed by a stranger when she was nine years old. He did not attend his sentence hearing. You listened to her and acted. Another part of her ask, which is in the Bill but not spelled out so much, is for sanctions if the offender refuses to turn up to the sentence hearing. Can you say a bit more about what that would look like? What mechanisms—they are not currently in the Bill—can be used to compel them? The point that my constituent made is that, for someone whose sentence is four years or even 10, a few extra years would be compelling, but if it is life imprisonment, that would essentially be meaningless.

Alex Davies-Jones: Thank you for that question. We have built on the previous Government’s measure to compel perpetrators to attend their sentencing hearings. The previous measure was merely an extra two years on their prison sentence. As you have stated, and as victims have told us, for someone serving a whole-life order or life imprisonment, an extra two years on their sentence is not really an incentive to come to court.

We listened to the Pratt-Korbels and other families who have been through this horrific situation, and have done something quite novel. For the first time ever in this Bill, judges will be given powers to issue sanctions on perpetrators once they are in prison. We have not listed those sanctions on the face of the Bill because we do not want to be prescriptive. A whole range of measures is available, and we feel that listing them in the Bill would be too restrictive. By not doing so, we enable judges to use every tool at their disposal to issue sanctions in prison. They include, for example, limitations on access to a gym, to work programmes or to television. We are looking at visit restrictions, and salaries can be taken away if the offender is in a work programme. All that can be looked at in the round; those are all available to a judge as part of a sanctions programme.

We want perpetrators to attend their sentencing hearings in person. You heard how important it is to victims and survivors to have them there in person to hear justice being done. We have looked at all the practical ways in which that can be done. We have worked with stakeholders, including the judiciary and prison governors, and we felt that this is the best course of action.

[Bradley Thomas]

Q Minister, do you agree that violent offences can be as serious as sexual ones?

Alex Davies-Jones: Yes.

Oral Answers to Questions

Anneliese Midgley Excerpts

Tuesday 3rd June 2025 Commons Chamber

[Shabana Mahmood]

I do not know what the right hon. Member is referring to, because the Government have already announced that we are considering the way in which our human rights laws are applied in immigration cases. I am the policy owner for the European convention on human rights, and I am considering its application within our domestic laws as well. I do not know what other reassurance he needs.

[Anneliese Midgley (Knowsley) (Lab)]

I welcome the Lord Chancellor’s commitment to tightening up exclusion zones. Knowsley has some of the highest rates of domestic abuse in the country, so that kind of action will be important for victims. Does she agree that an offender’s freedom should never come before a victim’s right to feel and be safe?

[Shabana Mahmood]

My hon. Friend raises such an important point. I have been struck by so many meetings with victims in which they feel that the exclusion zones, as currently constructed, effectively make them constrained, rather than the offenders. That is why I want to move to restriction zones for offenders, and we will bring forward our proposals in the upcoming sentencing Bill.

Victims and Courts Bill

Anneliese Midgley Excerpts

2nd reading
Tuesday 20th May 2025 Commons Chamber

[Anneliese Midgley (Knowsley) (Lab)]

Today, I will speak to one part of the Bill, which will require convicted offenders to attend their sentencing hearings and provide consequences where they refuse. It is known as Olivia’s law.

Olivia Pratt-Korbel was nine years old when she was murdered in her own home by a stranger with a gun. The murderer, Thomas Cashman, fired a bullet through the door of Olivia’s home, which passed through the wrist of my constituent, Cheryl Korbel—Olivia’s mother—before hitting Olivia in the chest and ending her life. Cheryl and her cousin Antonia are with us in the Under-Gallery today.

To lose a child to murder in your own home, while you try to protect them, is a burden that no parent should ever be asked to bear, but under our current justice system convicted criminals can opt out of attending their own sentencing. That is what Olivia’s murderer did. Cashman remained in his cell, refusing to face the court, to hear Cheryl’s words or to look her in the eye. It was the act of a coward. That injustice must end.

Nothing in this world can bring Olivia back. But instead of collapsing under this weight, Cheryl fought back. She and her family have campaigned so that no other family would suffer the same. Olivia’s law is her work. It is Olivia’s legacy, and it is Cheryl’s legacy.

Today I will read out Cheryl’s victim impact statement. These are the words that the murderer—the coward—Thomas Cashman refused to hear. I want the words of Cheryl Korbel committed to this House, so that they will be on record in this place forever. Let her words ring out in this Chamber, like they should have done in Cashman’s ears that day.

“Olivia was born six weeks early on 13 June 2013 at Whiston hospital weighing 4lbs 2oz. She was so tiny that she fitted in one hand. She had the most beautiful tanned skin. There wasn’t a blemish on her.

The tiny little bundle grew into a toddler, having the most perfect chubby rolls on her legs. Every time we went out, we were stopped by anyone and everyone, saying how beautiful she was, especially her big, beautiful brown eyes and thick curly hair.

Ryan and Chloe adored her as their baby sister. She slept in my room until she was one and then she moved into the big room with Chloe.

Liv wasn’t the best sleeper and would wake up of a night. Often by the time I got to her Chloe was already up and soothing her. Chloe was like a second mother to Liv.

The years passed by too quick and Liv started nursery. She was loved by everyone. She loved to play, in particular playing house and princesses. Cinderella was their favourite.

At home she would dress her dog Gizmo up in a blanket and put him in a pram, pushing him around the house. Gizmo still brings his blanket into me now.

More years passed and Liv skipped into her first day of reception. I was heartbroken but she was so happy and content. I couldn’t believe my baby was going into big school. She loved helping others and especially the role of being the teacher’s helper. She had a special bond with one of her teachers.

Liv was such a social butterfly. She was particularly good with younger children and was such a caring little girl. Liv had really long and beautiful brown hair. Something she was very proud and particular about.

A few weeks before she was cruelly taken away from us Liv had heard about the Little Princess Trust and what they do, from a friend in school. After talking to me, Liv decided she wanted to donate 12 inches of her hair, in her words, ‘for the sick kids to have beautiful wigs’.

We then went online together and applied for the sponsor form. Liv was due to have her hair cut on 27 August.

Liv was a girly girl and loved to play with makeup. She loved shoes with heels on. She didn’t want to wear trainers, ever. She had her own style and would wear what she wanted to wear even though it often didn’t match.

She would go to our Tony’s house with the girls and come down in their clothes and say she’d just found them. Those clothes would then make their way to our house and the girls would never see them again.

As Ryan and Chloe got older and began doing their own things, it became mostly me and her on our own. She was nicknamed my shadow. We were just always together, me, Liv and Pearl her purple bear.

This was once Chloe’s bear, but Liv took a liking to it and decided it was now hers. Pearl was her comfort blanket.

Each evening was different with Liv. One night we could be watching Matilda while she was upside down on the couch. The next night, she would leave me watching H2O while she sneaked upstairs to Ryan’s room whilst he was out so she could lie on his bed watching YouTube on her iPad.

Liv never stopped talking. Literally never. Even if she wasn’t directly talking to anyone, she would be chatting away. One thing I miss most is hearing her say ‘mum’.

I just miss hearing her voice. It’s just so quiet. I would do and give anything in the world to have her chatting to me. It’s so very lonely without her. Everything is just so quiet. I just can’t cope with the silence.

Setting my alarm at half seven in the morning is something I still do because it’s ingrained in me. The day goes by in a blur and then gets to half two and I think about the school pickup, something I will never get to do again as a mum.

She was and will always be my baby. But I miss the routine we had. My mind keeps telling me that I’ve forgotten to pick her up from school.

Now tea time was a big thing for me. Because it was so centred around her and what she wanted for tea.

Everything I do and everywhere I go is a constant reminder that she is not there with me.

This happened in our home where we felt safe and should have been safe. We had no choice but to leave the home that was Liv’s first and only home. When the police left and we weren’t allowed back there, it was heartbreaking.

I walked in and it was if time had stood still. The cups of tea still sitting on the coffee table, next to her Little Princess Trust sponsor form. Liv’s new bike still propped up on its stand. One of her dolls laying on the living room floor and her brand new sparkly shoes in a box.

Right at that moment I was home. We were back to how our lives were before that night. And I soaked up the surroundings until reality dawned and brought me back to my living nightmare. Packing up our home was horrendous. Having to pack up our lives, having to strip Liv’s bed, pack her clothes, toys, jewellery, her memories into a box.

No mother should ever have to do that.

We left our friends, our neighbours. My neighbour Chris was amazing and often when I needed to go to work would sit with Liv until Chloe got home from college.

It’s so hard to go back to the area where I grew up and where I raised all three of my children, the area where some of my closest friends live. The smallest of things remind me of Liv, her friends playing in the streets. When I see them it’s hard to accept she is no longer here.

Moving into the new house was difficult for all of us. Not being able to make her bed, put her clothes away. The toothbrush in the bathroom and not having her favourite food in the fridge.

And that night when I realised Liv had been shot and needed me. I was not able to do CPR properly on her because of my injury. I did not have full use of my hand and I felt helpless. It was only then my neighbour came in and tried all he could to save my baby.

My worst nightmare was being separated from Liv and not being with her when she needed me the most. I was the first person to hold my baby girl and as her mum I should have been the last.

I cannot get my head around how Cashman continued to shoot after hearing the terrifying screams. The utter devastation he has caused, he doesn’t care. How could he? His actions have left the biggest hole in our lives that can never be filled.

That man set out to do a job and he didn’t care about anyone else. Or who got in the way. He certainly couldn’t own it either. Ryan, Chloe and I are just existing day to day and have been since it happened.

We have been waiting for the trial and focusing on it and not addressing how utterly broken we are as a family. I cannot even think about rebuilding our lives without her.

Because of this we have missed out on so much, my nan who was 92 adored Liv and Liv her. Recently my nan’s health deteriorated, and she was admitted into hospital. A couple of weeks ago we were able to bring her home on end of life care.

Due to being at court every day we have not been able to spend enough quality time with her; my main focus has been getting justice for Liv. I believe she held on long enough to hear that that coward had been found guilty. Sadly my nan passed away last night.

My nine-year-old Liv was the light of our lives, our beautiful, sassy, chatty girl who never ran out of energy. She was a character, she was my baby, she had amazing qualities and knew what she wanted in life.

She will never get to make her holy communion, wear that prom dress or have a sweet 16th birthday, walk down the aisle with the man of her dreams or become a mother of her own children. All that promise for her future so cruelly taken away.

Now I have to drive to the cemetery to be close to my baby daughter. I sit with her and talk to her telling her I miss her smile, her kisses, her cuddles, her voice.

I tell her she will live on in my heart, she will always be with us, my little shadow.

We love you endless amounts Liv.”

Let Cheryl’s words be heard. Let them be honoured. Let Olivia’s law pass, and make sure that no victim’s voice is ever shut out of justice again. [Hon. Members: “Hear, hear.”]

[Madam Deputy Speaker (Caroline Nokes)]

I thank the hon. Lady for sharing that with us. It was important that the House heard it.

Oral Answers to Questions

Anneliese Midgley Excerpts

Tuesday 28th January 2025 Commons Chamber

[Shabana Mahmood]

There will always be differing views among lawyers about what can and cannot be said. It is right that the Government took their own position and that we did nothing that could risk collapsing the trial. I agree with the shadow Secretary of State that the online world poses a significant challenge to our contempt laws. That is why that is already being looked at. As there is a piece of work already under way, I do not want to pre-empt where that could land. The Law Commission has a good track record of considering major law changes. Because of the inquiry and the fast-moving nature of these things, I will keep this area under close review myself.

[Anneliese Midgley (Knowsley) (Lab)]

6. If she will bring forward legislative proposals to enable courts to order the attendance of offenders at sentencing hearings.

[The Lord Chancellor and Secretary of State for Justice (Shabana Mahmood)]

By failing to attend their sentencing hearings, criminals add insult to injury and deny victims and their families a vital part of seeing justice done. Iusb will be legislating to give judges the power to order attendance at sentencing hearings, and I will make it clear in the law that reasonable force can be used to make sure that happens. The Prime Minister and I met Cheryl Korbel last week to discuss these proposals, and we will ensure that the families of other victims are involved before the Bill is put before the House.

[Anneliese Midgley]

I thank the Secretary of State for that positive response, and I thank her and the Prime Minister for meeting me and my constituent Cheryl Korbel, the mother of Olivia Pratt-Korbel, the nine-year-old who was tragically murdered in 2022. Cheryl is pleased that the Government have committed to implementing Olivia’s law without delay. Can the Minister ensure that Cheryl is involved in the development of this law, placing victims and their families at the heart of the justice system?

[Shabana Mahmood]

I pay tribute to my hon. Friend for the work she is doing on behalf of her constituents. I was pleased to be able to discuss these matters with her. She is absolutely right, and it is crucial that we make progress in this area. We have committed to introducing that legislation before the summer, and I will, as I promised last week, consult Olivia’s family and the families of other victims for whom non-attendance at sentencing hearings has caused problems.