Victims and Courts Bill (Second sitting) Debate

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Department: Ministry of Justice
Jack Rankin Portrait Jack Rankin
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Q As the official Opposition, we have tabled an amendment to increase the force with which the justice system can compel the convicted to come to their sentencing hearings. We are particularly keen to make sure there is a duty to consult the victim or their family, where the victim is deceased. Is that something you would support?

Mark Brooks: Yes, in principle. I come back to my point about the importance of making sure victims feel that justice is being done, as well as seeing it being done.

Bradley Thomas Portrait Bradley Thomas (Bromsgrove) (Con)
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Q Do you have a view on whether parental responsibility restrictions should be extended beyond those convicted of sexual offences to include those convicted of violent offences?

Mark Brooks: The issue is where you would draw the line. It depends on the violent offences, and against whom they are committed. I mentioned the wider work I have been doing on men’s health and the criminal justice system. You do not want a situation where men who have gone to prison and are going through a rehabilitation process for violent crimes, but not against their children, are not able to rebuild their relationship with their children. We have found that a lot of men in prison want to be present dads, even when they are in prison, which means they want to re-engage with their children when they come out of prison.

Bradley Thomas Portrait Bradley Thomas
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Q As a quick follow-up, what if it was a violent offence against a partner with whom they share a child?

Mark Brooks: I think that should be considered if it is against their partner and they share a child. Certainly that should be up for consideration, but no wider than that. Again, we have to make sure that men or women coming out of prison, who have been convicted of these offences, have the opportunity to be rehabilitated. One of the big concerns is that people go into prison for crimes such as domestic abuse and do not receive the support they should so that they can have a safe relationship with others when they come out, if that can happen. We need more work on perpetrators, and that is certainly a point worth considering.

None Portrait The Chair
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Mr Brooks, thank you very much indeed for taking the time to be with us this afternoon.

We are coming to the penultimate panel, and it is quite likely that the final panel will be punctuated. If so, since the Minister will be on the Front Bench for the business to come in the Chamber, I do not propose to call her back—I hope that is satisfactory. Hopefully we will get everybody in and the two remaining panels will not be interrupted, but I am expecting a vote shortly before the hour, so it is quite possible that they will be.

Examination of Witnesses

Kim Thornden-Edwards and Chris Jennings gave evidence.

--- Later in debate ---
Anneliese Midgley Portrait Anneliese Midgley (Knowsley) (Lab)
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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 Portrait Bradley Thomas
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Q Minister, do you agree that violent offences can be as serious as sexual ones?

Alex Davies-Jones: Yes.

Bradley Thomas Portrait Bradley Thomas
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Q I have a constituent whom I met a few months ago. Forgive me—you may have heard me mention this on the Floor of the House a couple of months ago. My constituent is probably in a unique situation. She is a serving detective. Her ex-partner, who was a detective, is serving a sentence in excess of 10 years for having raped her, and he continues to enjoy indirect parental access rights. My constituent is excessively concerned that the continuation of access rights in an indirect form—usually in the form of a letter that often conveys coercive messaging and veiled threats to her—is hindering not just her welfare, but that of their children. In addition, under the current arrangement, as she and I understand it, if she were to take a large life decision, she would still have to consult her ex-partner, because of the continued parental access rights and responsibility that he enjoys while serving his prison sentence. Do you agree that, if someone commits a violent offence against a partner with whom they share a child, their parental access responsibility should be restricted?

Alex Davies-Jones: You have outlined some of the issues that we have come up against in trying to make this measure workable, and that is why we have chosen to keep it quite specific in the Bill. I am not aware of the details of your constituent’s case, which sounds horrific; my thoughts are with her and the family. From what you have outlined, although the perpetrator has committed a heinous act against the mother, we are unaware of any acts committed against the children. It is about where you draw the line. How many perpetrators do you bring in scope of the measure? The route is available to your constituent to remove parental responsibility via the family courts. That route is available to her now, and I would always suggest that someone takes that route if they feel that it is the most appropriate course of action.

In the Bill, we are talking about parental responsibility being removed on a criminal conviction in court for an offence against the child, to keep the children safe. How broad do we make this measure, especially when it is untested and novel? We need to keep it quite specific, because we do not know what impact it will have on the family court system, how many perpetrators will appeal or the impact that that will have. The measure is therefore quite specific, and we feel that that is the appropriate course of action for now.

Alex McIntyre Portrait Alex McIntyre (Gloucester) (Lab)
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Q Thank you, Minister, for your answers so far. We have had an awful lot of questions this afternoon from the hon. Member for Bexhill and Battle about individuals who are avoiding judgment and avoiding taking responsibility for their actions. I am a new Member, but I understand that the measures in the Bill about asking offenders to attend their sentencing were part of a previous Bill, before the general election. In what ways are the measures in this Bill stronger than the measures in the previous Bill?

Alex Davies-Jones: To repeat my answer to Anneliese, the measures in the previous Government’s Bill, which fell before the general election, would have only added an extra two years on to the sentence of a perpetrator who failed to attend their sentencing hearing. The measure in this Bill goes significantly further. For the first time ever, judges will have the ability to sanction perpetrators in prison who fail to attend their sentencing hearing or are disruptive while in the courtroom. If the perpetrator does attend the sentencing hearing, but proceeds to disrupt it, the judge will be able to apply the sanctions. That is a measure in the Bill.

We are also providing prison officers with the ability to conduct reasonable force to get the perpetrator to attend the sentencing hearing. That is a measure in the Bill. Our Bill is markedly different, and that is because we have listened to victims and survivors about what they wanted and felt was appropriate to ensure that there was culpability and accountability.