Victims and Courts Bill (First sitting) Debate
Full Debate: Read Full DebateJack Rankin
Main Page: Jack Rankin (Conservative - Windsor)Department Debates - View all Jack Rankin's debates with the Ministry of Justice
(1 week, 2 days ago)
Public Bill CommitteesQ
Sarah Hammond: If I may, I will take the first question in two parts. I do not have that figure on the current recruitment rate with me today, but we can write in and let you have it. On minimum standards, we would have an interview process for people to become Crown prosecutors. There would be minimum standards for people to pass that interview stage, and we would not lower them just because we are broadening the pool of Crown prosecutors. It is important that professional standards do not slip.
I am not aware of any reason why private prosecutions would increase as a result of the particular recruitment issues, but if that is problem, obviously we will look into it, and work with our colleagues on that as well.
Q
Sarah Hammond: Ultimately, that is a matter for the Government. There is clearly an argument for victims to be able to see that justice has been done. It will also potentially help with appeals for unduly lenient sentences if victims are able to access the sentencing remarks, so they can see the basis upon which the sentence has been passed.
If there are no further questions, I thank the witness for her evidence this morning.
Examination of Witnesses
Dame Nicole Jacobs, Baroness Newlove and Katie Kempen gave evidence.
Q
Baroness Newlove: I broadly welcome it, with a bit of a caveat, as I am the victims’ champion. Currently, I have to explain to every victim who writes in that I cannot get involved in individual cases under the statute. That is not to say that I do not pass on the information to Ministers and ask them to help and support. I am very concerned about how we may class victims under two tiers, and that is what we have to look at—it will not be me, but the future Victims’ Commissioner.
I receive hundreds of letters, even in the House of Lords, and I am trying to separate them using three criteria. First, does the correspondence highlight a gap in the policy? That is about a victim’s right to a review, and if it is not right, I raise it with the Minister or the Attorney General. Secondly, does the correspondence highlight a failure to deliver in line with policy? I see cases that seemingly meet the ASB case review threshold, but the local authority has added further obstacles, which does not help.
Thirdly, and finally, does the correspondence highlight policy that perverts outcomes for victims? By that, I mean that the court orders compensation, which is deducted from criminal injuries compensation—that is another debate that I will not go into. In some cases—or in the majority of cases, if we are perfectly honest—the victim waits years, because it is a drip feed. If we are looking at funding, there is over £1 billion outstanding in unpaid fines and compensation. I would like the courts to act and get the money off the offender so that it goes to victims, who have to wait too long.
Those are the criteria I am looking at. It will take a while, but it is paramount that the Victims’ Commissioner sets guidelines. I hear that line, “Does not look at individual cases”, but my correspondents think I can, and it really hurts me when I have to say that I cannot as Victims’ Commissioner—it is all the jargon and waffle that we do. I ensure that victims truly understand that I will signpost their correspondence to the people in charge. I will show them, and they will get transparency in that way.
I was just going to offer the panel the opportunity to say whether there is anything not in the Bill that they would like to see included.
I think we will pass on that, if we may. I will go to our last question from Tristan Osborne, but we have to be quick.
Q
I want to ask a specific question on the Opposition amendment on restraint and gagging in court. I understand the Government’s position, allowing reasonable force at the judge’s discretion. As you will know from policing history, the use of force is on a spectrum from minimal right up to the top end. I have never heard of being able to gag. It is certainly not a technique that is used in the Prison Service; it is not in the “Use of force” manual and it is not part of the training. Were the Opposition amendment to be made, how would you suggest that it be done? What do you think the impact on the courtroom more widely would be if we were to take forward gagging? Do you believe it is even legal under current rules?
Genna Telfer: Obviously it is not something we are trained in, or something we do, so there would be a whole training implication. We do use spit hoods—that is probably as close to that that we get, in terms of putting something over someone’s head, but that does not affect sound and even those are quite controversial, so they are used quite sparingly. It is difficult, because if we did not do that, we are back to the disruption point and potentially removing people straightaway for contempt of court.
On the legality, I do not know—it is something that we would have to have a look into. If it were agreed, it would need to be checked whether it was legal, and then there would be a whole range of training. But that is not something policing would do; it would be the Prison Service involved in that, rather than us.
I can talk about my own experience. I was an officer safety trainer, so I have quite a lot of knowledge and, again, that would be really difficult to do. We use leg restraints, handcuffs and things, but to restrain someone effectively and to gag them to move them into a courtroom, I think would be really challenging.
Clare Moody: I go back to the point that I was making earlier about not making this a theatre show. I think that would somehow make it a spectacle, and it puts the perpetrator at the centre of all the attention. As I said earlier, this is about justice for the victims, and I think that there would be real problems with that. Adding to the points that Genna made about the practicalities of it, making a show of it, or making theatre in the courtroom, I do not think is the appropriate thing to do.
Q
Genna Telfer: Yes.
Q
Genna Telfer: It is not; it is exactly the same, but we do not move them easily. If someone does not want to be moved, there is a risk to the people moving them, as well as a risk to the individual. Obviously, we train and we do a lot of work to make sure that that injury is limited, but people do get injured when we try to move someone forcefully, on both sides.
Q
Clare Moody: I did not, no. I talked about making a spectacle of it.
Yes—sorry. That is why in the amendment we have suggested that victims need to be consulted about what would happen. Obviously that would be a risk, but that should be the victim’s choice. That should not be for the establishment—the criminal justice system or politicians. We should actively say, “This is the potential risk of this. Do you want that to happen?” They should be the people at the heart of our conversation, should they not?
Genna Telfer: I think they should be at the heart of the conversation, but I do not think they should be the decision maker. If you have someone who is so violent that it presents a risk, effectively making other people victims—prison officers or whoever—there should be a decision either by the Prison Service or by the judge that, “This is too risky to do, and it is going to cause more problems than it is going to solve.” I accept that we would want to consult the victim and put them at the heart of it, but I do not think they should be the decision maker in that case.
Clare Moody: I absolutely echo the point that Genna has made. It is one thing saying that this might be the outcome, and that it depends how the outcome is displayed in terms of what that could look like in a courtroom, but there could be the danger of retraumatising victims if this becomes all about the disruption in the courtroom at the point of sentencing. I think there are real problems with that.
Genna Telfer: I do not disagree with the principle of it. I just think it would be very difficult to do.
Q
Genna Telfer: We obviously have really close working relationships with our partners. There should always be a number of people around the table trying to work out the best option to deal with these cases—from a problem-solving point of view, not just in the short term. Rather than just solving the immediate problem by, for example, moving people from one address to another, they might ask, “How do we manage this for the future?”
In my experience, I do not think there is an unwillingness from housing associations and local authorities to get involved. I think sometimes there are just challenges with being able to resolve some of the issues. The new power for the Victims’ Commissioner on the requirement to give a reasonable response as to why something has or has not been done will be really helpful, because it will provide more transparency and scrutiny of the problems we are trying to resolve. I do not think there is an unwillingness; I just think there are some challenges in the system that make it difficult.
Victims and Courts Bill (Second sitting) Debate
Full Debate: Read Full DebateJack Rankin
Main Page: Jack Rankin (Conservative - Windsor)Department Debates - View all Jack Rankin's debates with the Ministry of Justice
(1 week, 2 days ago)
Public Bill CommitteesQ
The second question is about the Victims’ Commissioner. That is obviously a welcome step. Is there any other element where you think the Victims’ Commissioner should get more responsibilities? They have to report annually and will have to take into account. Should they have broader powers, maybe to look at family courts and give a viewpoint? You mentioned that earlier. Do you think the Bill goes far enough?
My third question is about sentencing hearings. There are obviously going to be differences between where someone who is sentenced for affray or a violent offence and where it is a sexual offence. Are there nuances with the victims? Do some victims not want to see the offender in the courtroom? Should that be a mitigating circumstance in all cases for them not to appear? For instance, you mentioned a case example of harassment. In that case, should we give more focus to the courts to say, “You should not actually be attending this court hearing”? That would be almost a reversal of this policy, so that we are putting the victim before the requirement, if that makes sense.
Andrea Simon: With the unduly lenient sentencing scheme, it is both things. It is certainly a communications issue. We do know of victims and survivors who realise only at the last minute that they are eligible, so they have run out of time, and it has been a desperate dash to get an application in. We should end that because it is not serving anybody. There is the point about extending it, but it is not an either/or; it is also about the communications, the length of time, and letting people know that this exists.
I was part of a sentencing review panel, and a lot of evidence came through about the complete confusion that victims find themselves in when it comes to trying to get information. There is not one source; there are many different places where information can be fed through. You are often trying to fight to find somebody who will be able to help you. It is very inconsistent and patchy currently. There is a lot of strength to the sentencing review’s call to review all the communication channels and look at how we can best streamline them and how they are most effective for victims and survivors.
There is also a wider public education piece about what is going on with sentencing. I would not say that most members of the public are that well informed, because where would they get that information? It is only once you are in the system that you start to realise how complicated it can be to get the information that you need. We have to marry that with being able to tailor the needs of individual victims. There is no homogeneous victim group. Different victims will want to know information, but the offer should be there, and we should empower victims as much as we possibly can within the process.
Very quickly, I definitely support the extension and expansion of Victims’ Commissioner’s powers. I would potentially question how the Victims’ Commissioner will be able to work on systemic issues with the current level of resourcing that is committed. There is not necessarily a proportionate increase in the resourcing for the commissioner to be able to take on individual cases and look at systemic issues as well. We need to be clear about managing expectations, and potentially about what the expansion of the Victims’ Commissioner’s role can deliver.
Suky Bhaker: I very much agree with Andrea on the sentencing. As mentioned, there is an education piece there. Victims are not aware, or are made aware far too late in comparison with offenders’ rights. There is merit to increasing the timeframe as well.
We welcome the expansion of the Victims’ Commissioner’s powers, particularly in relation to the victims code. Less than a third of victims are aware of their rights under the victims code. That is corroborated by service users at the Suzy Lamplugh Trust. It is pivotal for that information —that education piece—to be there and for it to be monitored for greater accountability and transparency.
I think the provisions can go further. We have spoken a lot about family courts, which is absolutely right. We need to consider that part of the Bill, and, I would argue, civil courts. We see stalkers using civil courts as a legitimate means to continue stalking their victims through vexatious claims. Often, they have no recourse to justice when a criminal investigation is ongoing at the same time. We think that needs to be better explored in the Bill.
Farah Nazeer: On lenient sentencing, there is no silver bullet. It is probably threefold. First, it is awareness and education, as you rightly say. Secondly, it is time. Thirdly, it is support: support to understand what the process looks like, to go through it and to hold your nerve. It is all that emotional support that sits around it. There is a threefold set of interventions that needs to happen.
I would absolutely welcome the expansion of the Victims’ Commissioner’s role to look at family courts and what happens within that setting, but that will be possible only if the office is resourced to meet the requirements and the ambitions set out in the Bill. That comes back to the resourcing question.
On perpetrators being in court for sentencing, if you start off with a victim-centred approach, that is a good way to be led—what does the victim feel? There will invariably be crime types, such as the crime types that we work with involving women who have experienced male violence of some description—VAWG—where there should be some form of directive that alerts courts to the fact that they really do need to check in. They need to ask the questions. We know that, even where there is guidance, practice directions and training, it does not always manifest in the everyday practice of courts. I think a really important part is thinking about what monitoring there might be, as well as the robust mechanisms that you might be able to put in place to ensure that this actually happens and meets the ambitions, so that there is ultimately some form of accountability framework.
Q
Very briefly, if you would, as we are running out of time.
Farah Nazeer: I think it will help. We work with loads of women who are in that setting, and when you are in that setting, you need more than one way to contact someone. It could be an email, a phone call or straight afterwards—there are lots of interventions. Again, these kinds of issues do not afford themselves a silver bullet, so having multiple interventions to ensure that the survivor knows is really important.
Q
Mark Brooks: I work in wider policy around men’s health and I have been helping the Government on the men’s health strategy call for evidence, which is out now. In terms of language, I often see literature in which men are not visually present, so it is important that men in all their shapes, sizes and guises are visible. Also, there needs to be more outreach, often targeting where men go, not where you think they should go. Leaving things in libraries and GP surgeries, for example, will not reach men. We need far better promotion online and through community groups, barbers and sports clubs—Facebook is also really important for men—basically reaching out to where men go.
There is a huge growth in community-based support charities for men, which have grown exponentially in the last five years—things like Men’s Sheds, Andy’s Man Club, Talk Club and so forth. Some of them are in the room next door, giving a presentation about the men’s health strategy, so use those. The justice system and the people within it can be smarter in reaching out to non-statutory organisations.
Q
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.
Q
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.
Victims and Courts Bill (Fifth sitting) Debate
Full Debate: Read Full DebateJack Rankin
Main Page: Jack Rankin (Conservative - Windsor)Department Debates - View all Jack Rankin's debates with the Ministry of Justice
(2 days, 22 hours ago)
Public Bill CommitteesBefore any observers start panicking that the shadow Justice Minister, my hon. Friend the Member for Bexhill and Battle, has really let himself go over the weekend, I should say that he sends his apologies to the Committee, although it is not clear whether that is for his absence due to illness or for lumbering Members with me this morning.
I rise to speak in support of Opposition amendments 9 to 12. In the last sitting, we spent considerable time considering the role and involvement of victims and their families in the sentencing process. We spoke about measures aimed at making it as meaningful as possible by both involving them and trying to ensure that offenders are present. Disappointingly, we were unable to secure changes that we believe would strengthen the voice of victims and their families.
Across the criminal justice system, we have seen considerable effort made to improve the experience of victims and their families, including through the introduction of screens, the pre-recording of evidence, the work of organisations such as Victim Support, and the many ways in which the Victims’ Commissioner has expanded the rights of victims and their families and the services available to them. However, there is cross-party agreement on the need to go further. We welcome many of the measures that the Government are introducing, including through clause 11, but victims and their families are not just interested in what the processes of the criminal justice system are like. Although the views of victims and their families are not the only ones we should seek, we really want them to have a fair and reasonable experience of the justice system, and to consider its outcomes to be fair and reasonable.
The unduly lenient sentence scheme provides victims, their families and others with a route to redress when they feel that the outcome does not represent justice. However, it is clear from the evidence we heard last week, and from victims’ family members whom the shadow Minister and I have spoken to, that the current scheme is woefully inadequate. Witnesses who spoke for victims during our evidence sessions, as well as the Victims’ Commissioner and the Domestic Abuse Commissioner, all agreed that the current time window is simply not fair.
As Paula and Glenn from Justice for Victims said, echoing what Katie Brett from the group had originally said, 28 days is the same amount of time people get to return something to a shop. There is an inherent unfairness, because there is an exceptional circumstances clause under which a criminal gets no time limit—none at all. The Bill will amend the unduly lenient sentence scheme, but only for the Government’s Law Officers—not in relation to victims and families. We can see no good reason why we should not act now, with legislation before us, to improve the scheme for victims and families too.
Our amendment 10 would allow victims, or a deceased victim’s next of kin, to request a review up to one year after sentencing. Giving them time to act would show that we understand that this can be a deeply traumatic time for many people. Many of us will have had victims come to our advice surgeries soon after sentencing, but outside the 28-day period in which we are able to offer any help. When we have spoken to victims, it has been clear that, first, they were not aware of that, and secondly, because of their state of mind after the trial and sentencing, they were not focusing on such things immediately. Therefore, it is reasonable to extend that period.
Katie Brett started a petition to change the law, which has gathered more than 14,000 signatures. Katie is doing that in memory of her sister Sasha, who was brutally murdered; she was stabbed more than 100 times, raped, and her body was set on fire. Katie has every reason to believe that her sister’s killer should have received a whole-life order, but will never get the chance to legally test that. Ayse Hussein, also from Justice for Victims, had a similar experience, and the group is campaigning for a change in the law.
I am sure the Minister will say that the Law Commission is looking into unduly lenient sentencing and that we must let it do its work, but anyone reading that review will see that it is primarily about criminal appeals from the viewpoint of offenders. The consultation document makes it clear that the Law Commission does not think there is anything wrong with the way in which the ULS operates at the moment, and it is not clear how it can possibly reach that view. Why does the Minister need the Law Commission to tell her and us that this needs to change? The Government are giving the appearance of being dependent on reviews to make up their mind on quite simple principles, but particularly anything significant in the judicial sphere. Here is an opportunity to be bold, and to apply good instincts, which I know the Minister has and am confident would be similar to ours on this issue. We hope that the Government will accept the amendment.
Amendment 12 addresses the equally important issue of awareness. Of course, a short time window creates a greater risk of someone never being made aware, but either way, we need a more robust mechanism of notification, so that victims know of the possibilities. The amendment would introduce a new duty on the Crown Prosecution Service to inform victims, or a deceased victim’s next of kin, within 10 working days of sentencing that they can apply to the ULS. This is about enforceable rights. A legal right means little if the person entitled to it does not know that it exists. Victims deserve to be told what their options are clearly and promptly. The amendment would ensure that no one missed their opportunity for justice simply because no one had bothered to tell them. Surely we do not need the Law Commission to tell us that this is the right thing to do.
Finally, amendment 9 would make a straightforward but crucial change—to increase the time limit for referring a sentence under the unduly lenient sentence scheme from 28 days to 56 days. This is about achieving simple fairness by extending more broadly the Government’s measure to award more time to their own Law Officers.
We welcome the provisions in clause 11, which relate to extending the time period in which the unduly lenient sentence scheme may be applied for. However, as the official Opposition, we still have concerns that the window of opportunity for victims to raise an appeal remains the same. The scheme can only be referred to for some of the most serious crimes—crimes that are likely to leave victims and their families with a degree of trauma or grief. How can we possibly expect that, within just a month of a sentence being issued, gathering together a clear, strong case for a sentence’s being unduly lenient would be on the minds of victims?
We also know that many victims do not know about the scheme, or the opportunity to appeal. Baroness Newlove said that victims “really do not know” about it. She said:
“Once they leave the courtroom, it can take a long time, but the clock is ticking.”—[Official Report, Victims and Courts Public Bill Committee, 17 June 2025; c. 8, Q15.]
During the oral evidence session, many notable sources raised issues with the current timeframe. Dame Nicole Jacobs, Domestic Abuse Commissioner for England and Wales, described the current system as “disorienting” and said that
“we need to do so much more to put in place solid advice and support for victims. Those 28 days seem to fly in the face of that.”––[Official Report, Victims and Courts Public Bill Committee, 17 June 2025; c. 9, Q15.]
Extending the window of opportunity will also surely allow a greater base of evidence from previous cases to be compiled, to bolster a referral under the scheme. It is only right that we allow victims, and the organisations supporting them, the time and space to make their case as strong as possible, ensuring that everything is laid on the table for the Attorney General to consider. Let us place victims and families at the heart of the unduly lenient sentence scheme, where they should be.
It is a pleasure to serve under you in the Chair, Dr Murrison. I place on the record our well wishes to the shadow Minister, the hon. Member for Bexhill and Battle, and welcome the Opposition Whip, the hon. Member for Kingswinford and South Staffordshire, in his place today.
On amendments 9 and 11, let me start by thanking the Justice for Victims campaign and, in particular, Katie Brett, whom I met again recently and whom I commend for her tireless campaigning for reform of the unduly lenient sentence scheme in honour of her sister Sasha.
As the Opposition Whip mentioned, the Law Commission is undertaking a review of criminal appeals, and it has launched a public consultation inviting views on a range of reforms to the ULS scheme, including extending the time limit. The consultation is open to all and has been extended to 27 June. I urge him and anyone else with an interest to submit their views, if they have not already done so. The Government will review the recommendations by the Law Commission and act if necessary. Parliament intended the ULS scheme to be an exceptional power, and any expansion of the scheme must be carefully considered. Therefore, we will holistically consider the review’s final recommendations following publication of the report.
On amendments 10 and 12, we recognise the exceptionally difficult circumstances for victims and their families in making a referral within 28 days. We heard about the impact that that is having on them directly in our evidence sessions last week. That is why anyone can ask the Attorney General or the Solicitor General to consider referring a sentence to the Court of Appeal. That is open to not just victims or relatives of a victim, but members of the public, the Crown Prosecution Service and parliamentarians—I myself referred cases to the Attorney General and Solicitor General when I was a Back-Bench Opposition MP—thereby taking the burden off victims and their loved ones.
The Court of Appeal is less likely to increase a sentence after more time has passed, because of the double jeopardy risks of sentencing an offender twice. Particularly if enough time has passed that the offender has already completed their sentence, the Court may actually reduce an extra sentence in order to reflect that. That means that an extended time limit would have a more limited impact and, worse, it would create false hope for victims, leading them to delay requests to review and then retraumatising them, with uncertainty hanging over them for up to a year after the trial, when they are trying to move on with their lives. For that reason, it is important that sentences are certain and not subject to change for too long a period.
Let me be clear: it is imperative that we provide better and clearer communication with victims by criminal justice agencies, including in relation to how and when information is given to victims and their families about the unduly lenient sentence scheme after sentencing. We heard loud and clear from victims last week about how the lack of communication and of awareness about the scheme was one of the issues. Under the victims code, the police-run witness care units are required to tell victims about the unduly lenient sentence scheme when they provide a victim or family with information about the sentence. We have already commenced the obligation in the Victims and Prisoners Act 2024 on those who provide victims code services to comply with the code unless there is a good reason not to do so. That ensures that agencies, including the police, are held to account for providing victims and their families with the service that they should expect. Once the new victims code is in force, we will also implement the code awareness duty, placing a legal responsibility on criminal justice agencies, including the police and the CPS, to promote the victims code to the public and victims of crime and ensure that every victim and their family are aware of their rights.