Victims and Courts Bill Debate

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Department: Ministry of Justice
Anneliese Midgley Portrait Anneliese Midgley (Knowsley) (Lab)
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I want to focus on one of the flagship measures in the Bill: clause 1, headed “Power to compel attendance at sentencing hearing”. This law has been fought for—and will today be won—by my constituent Cheryl Korbel. It will compel convicted criminals to attend their sentencing hearings, and will ensure that there are meaningful consequences if they refuse. Where I am from, we call it Olivia’s law. For me, today is all about Olivia, Cheryl, and Antonia, her cousin.

This has been some journey for Cheryl—one that began in unimaginable circumstances. Cheryl’s daughter Olivia was nine years old when she was murdered in her own home by a stranger with a gun in August 2022. The murderer, Thomas Cashman, fired a bullet through the door of Olivia’s home. It passed through Cheryl’s wrist before hitting Olivia in the chest and ending her life. To lose a child to murder in your own home, while you are trying to protect them, is a burden no parent should ever be asked to bear, but Olivia’s murderer remained in his cell, and refused to face the court, to hear Cheryl’s words, or to look her in the eye. It was the act of a coward. Since then, Cheryl has been fighting for that injustice to end.

I first met Cheryl and Antonia when they came to my first surgery as their MP. Since that day, we have stood side by side. We have worked to turn this campaign into law. We raised the matter with Ministers, and took it to the Prime Minister. It is fair to say that Cheryl and Antonia have been to the House of Commons so often that they have met most of the Cabinet and half of the parliamentary Labour party.

On Second Reading, Cheryl allowed me the privilege of reading her victim impact statement in the Chamber. I did that because her words carry more power than anything I could possibly say, and I wanted them to be heard by the world. Olivia’s murderer, Thomas Cashman, refused to hear those words. I would like to read a few words from the statement today:

“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 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…telling her I miss her smile, her kisses, her cuddles, her voice.”

Cashman should have heard those words, but he could make the choice not to. That is the injustice at the heart of this matter, because Cheryl did speak. She found the strength to put into words the love that she has for her daughter, and the devastation that she has to face every single day. Today, we ensure that turning away and hiding is no longer an option. I thank the Government, especially the Minister, for listening to Cheryl. I know there were times when Cheryl thought that this day would never come; well, Cheryl, it has.

Cheryl and I are two peas in a pod. We have both just turned 50; she turned 50 on Saturday—happy birthday! We are both from council estates in the same part of town. We both had working-class upbringings, and families who did not have much, but worked hard and gave us everything in love. That matters, because it speaks to who Cheryl is. She is someone who lifts people and brings warmth and strength to others, even in her darkest moments. Alongside her has been her remarkable cousin, Antonia. Together, they have been relentless; they have taken unimaginable grief and turned it into change. Because of both of them, victims’ voices will be heard.

This law is Cheryl’s achievement, and it is Olivia’s legacy. We honour her and all the other campaigners and victims who fought for this law, and I am properly proud that it is a Labour Government delivering it.

Blake Stephenson Portrait Blake Stephenson (Mid Bedfordshire) (Con)
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I will speak to Lords amendments 5C and 6B. Before I do so, may I thank the Minister for working in a collaborative and cross-party way on this issue? I congratulate hon. Members who spoke before me so passionately on behalf of their constituents.

I pay tribute to my constituent Tracey Hanson, who is watching this debate from the Gallery. Tracey’s son, Josh Hanson, was tragically murdered in an unprovoked knife attack in October 2015 at the age of just 21. Tracey has been on an 11-year journey of immense pain, and she has channelled that pain into trying to improve the rights and experiences of victims who must deal with the criminal justice system.

Tracey has campaigned tirelessly to reform the unduly lenient sentence scheme. The campaign is driven by a simple demand: victims and bereaved families should be properly informed of their rights, and those rights should have parity with offenders’ rights under the scheme—something that hon. Members have spoken about this afternoon. Tracey’s campaign was born from personal injustice. She was never informed of her right to challenge the sentence imposed on Josh’s killer. When she discovered the scheme and submitted an appeal on the final day, it was rejected, because it arrived outside of office hours. That is totally unacceptable.

I therefore welcome the introduction of Lords amendment 6B, which will place a clear duty on authorities to notify victims and bereaved families of their right to appeal a sentence under the unduly lenient sentence scheme. That change is a direct result of Tracey’s work with academics, campaigners and legislators, and her determination to improve the legislation through the introduction of Josh’s law. Other families who are unfortunate enough to find themselves in such tragic situations will benefit from Tracey’s work, and the work of all campaigners. It is because of that work that I and many others in this House have been educated about the problems with the ULS scheme.

I welcome Lords amendment 5C, which will extend the period within which an appeal can be considered from 28 days from the date of sentence to six months from the date of the sentence, where that is in the interests of justice. That is a significant step forward for victims’ rights, but, while I welcome it, true justice requires absolute parity between the rights of offenders and the rights of victims to appeal sentences. Hon. Members from across the House have made that point today, and I hope that the Government have heard it.

Despite the positive step forward in this Bill, I know that Tracey will continue her fight for full equality for victims in the eyes of the law. On that note, may I thank Ministers for agreeing to meet Tracey later this year to discuss the Law Commission’s review of criminal appeals? In the Minister’s summing-up speech, I would appreciate it if she could confirm that Tracey would be welcome at that meeting.

I also mention my constituents’ disappointment that the Government have decided not to give these legislative changes the name “Josh’s law”. I have already spoken of the undeniable role that Tracey’s campaign has played in bringing about these changes. That sentiment is reflected in the fact that many Members across this House already recognise it as Josh’s law, noting Tracey’s years of campaigning for these changes in Josh’s memory. Baroness Levitt KC, the Parliamentary Under-Secretary of State for Justice, said in the other place last week that this Government listen and want to get things right. I truly welcome the fact that Ministers have listened to Tracey, and have introduced amendments for which she has campaigned for more than seven years, but they have not got this completely right. In the eyes of my constituents, to truly honour Tracey’s work—not only her determination to deliver meaningful legislative reform, but the tireless support that she has provided to victims through her charity—this change in legislation should be called Josh’s law.

I understand the Government’s position is that

“this decision reflects a wider shift away from the Government naming legislation or amendments after individuals”.

However, that is inconsistent with other recently passed legislation. I will refer to just one example. Last week, a Minister referred to “Benedict’s law” at the Dispatch Box. That legislation was passed only last month. That highlights that the move away from naming legislation after individuals is not being applied consistently. I ask the Minister to reflect on that at the Dispatch Box.

Together, Lords amendments 5C and 6B represent a positive shift in the way that the criminal justice system in England and Wales approaches victims. I hope that Tracey is incredibly proud of the fact that, by channelling the immense pain of her loss into concrete action, she has helped to shift more focus back to the impact on, and rights of, victims. For that reason, and in Josh Hanson’s memory, I encourage colleagues from across the House to support Lords amendments 5C and 6B.

Alex Davies-Jones Portrait Alex Davies-Jones
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With the leave of the House, I will close this really important and special debate. It moves us another step closer to this Bill becoming a much-needed law for all victims, and I sincerely thank all hon. Members who have spoken, particularly my hon. Friends the Members for Blackpool North and Fleetwood (Lorraine Beavers), and for Knowsley (Anneliese Midgley), the hon. Member for Mid Bedfordshire (Blake Stephenson), the Liberal Democrat Front-Bench spokesperson, the hon. Member for Chichester (Jess Brown-Fuller), and the Opposition Front-Bench spokesman, the hon. Member for Bexhill and Battle (Dr Mullan).

This is a really important Bill. It shows the best of Parliament when we all come together on an issue that is beyond party politics to do what we were elected to this place to do—to speak for the people we represent, make life better for those who come after us, and create a legacy for those who have sadly had to endure hardship and pain that we will hopefully never have to feel. I thank the Minister in the other place for guiding this Bill through its stages, and for undertaking such extensive engagement with all hon. Members, here and in the other place, throughout its passage.

Let me answer some of the questions put forward today. Discussions are ongoing about who will have the statutory duty to notify victims and bereaved families about the unduly lenient sentence scheme, and I will ensure that I update the House on how we progress those discussions. We do not need to put that into law, but we will engage fully with the Crown Prosecution Service, the Home Office, the Victims’ Commissioner and the bereaved families to ensure that we get this right, that full accountability is there, and that there will be scrutiny of the application of the duty under the victims code. I am working with the Victims’ Commissioner to ensure that that is robust. I assure the shadow Minister that that will be followed robustly, and I will ensure that we engage with him on that duty as it develops.

I assure the shadow Minister that the consultation on rates will be followed in accordance with Cabinet Office guidelines, and we will consult with the appropriate stakeholders. This will not be a tick-box exercise—it will be thoroughly responded to—and the House will be informed of that consultation. As the hon. Member for Mid Bedfordshire and my hon. Friend the Member for Blackpool North and Fleetwood stated, this is just part of the commitment that the Government are making to victims about the unduly lenient sentence scheme. We still await the findings of the Law Commission, and I again make the commitment at this Dispatch Box that I made to Tracey Hanson and Katie Brett: I will meet them, once the Law Commission completes its work, to discuss the findings and what more we can do as a Government going forward to ensure that we get parity for victims in the criminal justice system. This is just one step forward, and we will continue to work with all stakeholders on the Bill.

I have been crystal clear that this is the Victims and Courts Bill, and soon it will be the Victims and Courts law. It will become an Act for all victims. It will be a law for Josh, for Sasha, for Olivia, for Jan, for Sabina, for Zara and for all the victims who have been failed by the criminal justice system. This Bill will become an Act for all of them, and their legacy. I will ensure that the importance of having a consistent approach regarding the law’s name is fed back to all Government Departments, because this is a law for all the victims and campaigners who have engaged with the Government and it is important that they are all recognised.