Victims and Courts Bill (First sitting)

Bradley Thomas Excerpts

Committee stage
Tuesday 17th June 2025 Public Bill Committees

[Adam Thompson (Erewash) (Lab)]

Q Good morning to you all. Baroness Newlove, you published a report last year on the experiences of victims of antisocial behaviour. To what extent do you think the Bill’s antisocial behaviour measures meet the recommendations of your report?

Baroness Newlove: Antisocial behaviour is my drum. I absolutely welcome that the commissioner is now able to explore the treatment of victims of antisocial behaviour—I have been going on about that for many years—but there are still challenges that victims face.

I really like that it will allow an investigation of how the housing agencies and associations treat victims, because it is like ping pong with these housing associations—I welcome that. I challenged the Victims and Prisoners Act because victims should expect to be entitled to the right support under the victims code. Victims of persistent antisocial behaviour should fall under the victims code. Trying to get people to understand the impact of antisocial behaviour as a crime—and it is a crime—is all down to how much the victim reports. That is where we need better understanding.

I also want a statutory threshold for ASB case reviews, and I want an independent chair for ASB case reviews, because I am tired of agencies marking their own homework. More importantly, I want the victim to be able to go to this, because you are talking about them and the impact on them, yet they are not invited. For me, that is really important. I welcome anything for antisocial behaviour, and I would like the Government to look at the report’s recommendations and see what else we can add.

[Bradley Thomas (Bromsgrove) (Con)]

Q Do you support the publication of sentencing remarks in the interest of transparency, supporting victims and their families, and wider public confidence in seeing justice delivered?

Baroness Newlove: I certainly do. The media give out information, and I have learned more about my sentencing remarks because I never got them until very long afterwards. Every victim, not just those of sexual crimes, has a right to see those sentencing remarks, because it gives them time to digest. You leave the courtroom thinking that you know everything, but as your memory and emotions come, you start asking yourself questions.

Sentencing is very technical: you hear a sentence, then it is reduced if they have been on remand—there are boxed-off things. Also, as I found out, there are tariff reviews for juveniles, which even the probation service was not aware of because there are very few of them. If you look at the crime rate, you will see that we are getting younger offenders in prison. We have to prepare families for the tariff review, which means that offenders go to appeal to reduce their tariff, so you go through that.

It should not simply be a case of saying, “There are the sentencing remarks.” There are implications, and every victim has a right to see the sentencing remarks. It is about them, and it affects the decisions about what the offender will do, and it should be the victim’s right to have that information. They do not have any advocates to speak for them, and the prosecution pursue their own case. If the media can get things out there, why can we not give it to victims and families?

Katie Kempen: From our perspective, accessing sentencing remarks is an issue for victims. They would like to be able to access them. We welcomed the pilot and its continued roll-out.

I have a nuanced response because victims’ needs differ. If there is to be wider publication, we need to see whether any protection is needed for individual victims, rather than carte blanche, “Yes, publish them all.” A key issue is explaining the sentencing remarks to victims. Again, in our “Suffering for Justice” report, where victims did not have the sentencing remarks explained to them, it caused them real anguish and distress. They should be able to have the sentencing remarks explained to them, and where they do, it helps their recovery journey and brings closure. My answer is yes, with some nuance. We need the explanation, and we need to treat the victims like a human being who has gone through a traumatic experience.

Dame Nicole Jacobs: I agree.

[Mr Jonathan Brash (Hartlepool) (Lab)]

Q We have talked a great deal about the changes in definitions around victims. We have also talked about the role of social landlords. Is not one of the challenges in implementing this Bill making the many stakeholders that come into contact with victims clear that they are dealing with a victim, and them knowing what a victim is and what their responsibilities are once they realise that?

Katie Kempen: Yes. Particularly when looking at antisocial behaviour, we absolutely welcome the additional powers for the Victims’ Commissioner. Brutally, the Victims’ Commissioner knew what the issues were surrounding antisocial behaviour—the last time she was in office, she wrote a fantastic report that has still not been fully implemented and enacted.

At Victim Support we would like to see an ASB charter so that victims of antisocial behaviour have clarity on their expectations and rights, and on the responsibilities of each organisation. Victims are far too often ping-ponged between different organisations. They do not hear their rights in terms of the reviews.

As Baroness Newlove has said, there is a cohort of victims who slip through the net in accessing victim support services. Their case may not reach the criminal threshold that gets them to victims code rights, but they are still finding that their lives are essentially ruined by antisocial behaviour. Those cases are complex, difficult to resolve and take significant advocacy. We need some clarity on rights and responsibilities in that arena.

Baroness Newlove: I add a request to get rid of the term “low level.” The police start by thinking that antisocial behaviour is low level, and if you train your police officers with that narrative, they will not give respect to victims. Antisocial behaviour is horrendously violent to the individual. For my last report I met victims whose houses were nearly burned down, but the local authorities never came. I have met a victim of arson against their car, which nearly murdered the family because she was sleeping on the sofa—the police never came out, but the fire officers sat there for two hours.

We have to get away from looking at antisocial behaviour as low level, because it is the route for violence upon violence. I do not want to talk just about me, but my husband was murdered. Before that, it would have been treated as antisocial behaviour. If he had lived, it would have just gone through the system. If you leave antisocial behaviour, it is like a cancer; it will spread and spread.

That is where it helps communities, if you really want to get to the nub of all this. As Victims’ Commissioner, I am delighted about being able to go to a housing provider, but you are quite right about the implementation and accountability. This is going to take many attempts, but it has to start with the police to stop the ping-ponging. There is a human there who is feeling suicidal. You will act if they take their life, like Fiona Pilkington or David Askew did, and that is too little too late.

--- Later in debate ---

[Mrs Blundell]

Q Sometimes in my experience there is an unwillingness, but I appreciate what you say. Clare, have you got any comments on that?

Clare Moody: Not specifically on the legislation piece. I think it is about the agencies working together. We have an example in Avon and Somerset where there are police officers who co-locate with the housing association —they have a desk space in the housing association—and that close working has resulted in closer co-operation on how to manage difficult situations with tenants. There are practical ways you can do things that do not necessarily require the legislation to change, because they are already in place.

[Bradley Thomas]

Q I just want to pick up the point on the Opposition amendment about the power to restrain and gag a disruptive offender. I am particularly mindful that we are talking about a sentencing hearing, at which point someone will have been found guilty and convicted. I think the general sentiment from victims and the public is that at that point the rights of the victim and their family come first, and that should be front and foremost in the projection of what goes on in the court, in order to see justice delivered. I am mindful that in other jurisdictions, including the US, there are powers to restrain and gag a disruptive offender. Do you have any further thoughts on that?

Genna Telfer: I am not sure I can add any more to what I have already said. I have said that if the victim wants the offender in court, I agree with the principle of it. In terms of gagging people and dragging them into court, which is effectively what we are talking about, it just becomes really challenging. I am not saying that you would not necessarily do it; I just think there is a whole load of stuff that needs to be worked through to consider it.

[The Chair]

If there are no further questions, I thank the witnesses for their evidence this morning.

Ordered, That further consideration be now adjourned. —(Samantha Dixon.)