Draft Criminal Justice Act 2003 (Suitability for Fixed Term Recall) Order 2025

Josh Babarinde Excerpts

Monday 30th June 2025 General Committees

[Josh Babarinde (Eastbourne) (LD)]

It is great to serve under your chairship, Ms McVey. Liberal Democrats recognise the acute pressure on our prison system. We recognise, see and feel, as do many victims and survivors across our country, that the last Government allowed our prisons to reach breaking point. Victims and survivors are paying the price for the way in which our criminal justice system has been crashed, but the draft order is a blunt, reactive tool that could undermine justice, due process and public safety, all for the sake of short-term expediency. By imposing an almost one-size-fits-all 28-day fixed-term recall for most individuals serving determinate sentences under four years, the policy strips away vital safeguards. The Parole Board’s ability to assess individual cases is effectively bypassed and replaced by administrative convenience. That is not justice; that is bureaucracy displacing public safety. Victims, survivors and our communities at large deserve case-by-case recall processes.

The order also fails to provide adequate protection for victims, particularly survivors of domestic abuse, which the Minister knows is completely intolerable to me. Despite exemptions for some of the most serious offenders, at MAPPA levels 2 and 3, too many high-risk individuals could slip through the cracks, as has been the case under the SDS40 early release scheme, which I have highlighted time and again in the main Chamber. The Secondary Legislation Scrutiny Committee in the Lords has rightly raised the alarm that victims could be placed in serious danger, raising concerns that the re-release of some violent or sexual offenders who might slip through the net puts

“their victims at high risks of serious harm or death”.

When the Government have a very noble mission to create safer streets, surely that cannot be permitted.

We believe in a criminal justice system that rehabilitates, not one that bounces from crisis to crisis. Rehabilitation should aim to reduce reoffending, not to accelerate the release of individuals who have contravened licence conditions without due assessment. It is not just Liberal Democrats who are saying that. For example, Women’s Aid has spoken powerfully about the need to reassess the provision, as has Refuge, with which we have been working closely.

We support community-based alternatives to custody, such as investment in mental health and addiction services and a properly funded Probation Service, but not the dangerous shortcut that this draft order represents. The answer to overcrowding cannot be to cut corners on risk assessments or public protection. We cannot sacrifice justice at the altar of expediency, which is why the Liberal Democrats will oppose the draft order.

Criminal Justice

Josh Babarinde Excerpts

Wednesday 25th June 2025 Commons Chamber

[Josh Babarinde (Eastbourne) (LD)]

I thank the Chair of the Justice Committee, the hon. Member for Hammersmith and Chiswick (Andy Slaughter), working with the hon. Member for Amber Valley (Linsey Farnsworth), for making the pitch to the Backbench Business Committee to secure this debate. I join him in thanking the incredible staff who work across our criminal justice system. If I may, I will add that charities such as the incredible abandofbrothers in Eastbourne work with young ex-offenders across my hometown to tackle crime.

As has been documented in this Chamber today, the last Government left our criminal justice system in a state. Our prisons were left in crisis and overcrowded, with increases in violence and self-harm incidents at their highest since records began. Our probation services were left high and dry, with an electronic tagging contract that left offenders with violent convictions unmonitored for far too long. Our courts were left dealing with staggeringly high backlogs, with tens of thousands of open cases and victims waiting months and even years for justice. As has been mentioned by hon. Members, reoffending is through the roof, with 80% of people in our prisons being reoffenders. That is a symbol of more crime, more victims and more misery and harm. That carries an enormous price tag, with reoffending costing society more than £18 billion a year.

The consequences of that dire set of circumstances have been plain for us all to see; I saw them myself when I worked in this space before being elected to this House. I spent my career supporting young ex-offenders out of crime and out of gangs in the east end—very far from Eastbourne in many different ways. I remember working with a particular young person. I said to him ahead of his first day of work with us to come in wearing some smart trousers, and he did not know what I meant. He said, “Josh, do you mean court trousers?” What a sad state of affairs it is when a young person in our country has grown up more accustomed to the criminal justice system than to our education system. I am afraid that is a legacy of the last Government.

I remember working with another young person who went into a young offenders’ institution that was notorious for its issues with violence. He was working with us as a phone repair technician before he went in. He came back when he came out of that institution, except he came missing a finger as a result of some of the things going on in that place. Again, some of our institutions are out of control.

As a victim, I have experienced what it is like to wait for years to have a case heard through an adversarial criminal justice system that seeks to beat down victims, as opposed to supporting them to rise up. That needs to change. Giving credit where it is due, I welcome the investment that this Government are making in our criminal justice systems through the spending review, but that investment is not a silver bullet, and it might not go far enough to right the wrongs of the past: it must be accompanied by reform.

There is no mention in the spending review specifically of investing in our crumbling courts, which cause so much inefficiency and cost our system, victims and justice. As the hon. Member for Solihull West and Shirley (Dr Shastri-Hurst) mentioned earlier in the debate, the Magistrates’ Association has been particularly concerned about the lack of mention of funding for legal advisers in magistrates courts. The lack thereof is resulting in one in 10 sittings being cancelled.

While investment in creating new prison places has been announced, the spending review features no reference to extra funding for women’s centres—an alternative to custody—despite David Gauke recommending that in his independent review and charities such as Working Chance telling us that women’s centres are often at least 10 times more effective at reducing reoffending and are more cost-effective than the prison system. Although we welcome the £700 million committed to the Probation Service, it is critical, as per the demands of Women’s Aid, that some of that cash goes towards mandatory training for probation officers as far as recognising domestic abuse and protecting survivors of domestic abuse is concerned.

[Tessa Munt (Wells and Mendip Hills) (LD)]

On that point, we are clear that the money that goes into the probation system may not be enough to deal with the scale of the added pressures on the probation system. I think the Chair of the Justice Committee, the hon. Member for Hammersmith and Chiswick (Andy Slaughter), talked about contract management. The example of Serco is a really good one; there will be so much more reliance on electronic tagging. Will the money actually allow that to happen?

[Josh Babarinde]

I agree with the point that my hon. Friend makes. This is about much more than just the spend: it is about the efficiency of the spend. Taxpayers deserve far better than what they are getting at the moment from the Serco contract, under which, as I said earlier, many offenders are being left without the proper, robust monitoring that victims, survivors and our communities need and deserve.

Let me come on to reoffending. The Gauke review offered many recommendations to unlock supply in our prisons, but it was fairly light on what can be done to stem the demand going into our prisons. Preventing crime and reoffending was the Cinderella of his review. It may be out of scope in some respects, but it is critical that our criminal justice system is reformed in a holistic way. That is the true means of being able to make our criminal justice system more efficient.

When it comes to victims and survivors, commitments around reversing the damaging impact of the national insurance increases for employers were missing from the spending review. Victims’ charities have written to me to say that the increase in those taxes, as well as cuts to police and crime commissioner core budgets, are tantamount to a 7% real-terms cut in their budgets. This means that victims’ services—services not dissimilar from the independent sexual violence adviser services that I once accessed at SurvivorsUK—will be compromised. I urge the Government to look again at this issue.

The status quo of more reoffending at an exponentially high cost to the taxpayer is both immoral and unsustainable. While this investment will go some way towards reducing backlogs, increasing prison capacity and improving our probation services, vital challenges are still unmet. As I have said just this week—in fact, it may have been yesterday—directly to the Minister, Liberal Democrats stand ready to work constructively with the Government. We will scrutinise their measures, but also give credit where it is due in order to help achieve more justice for victims, survivors, and our communities.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I call the shadow Minister.

Terminally Ill Adults (End of Life) Bill

Josh Babarinde Excerpts

Report stage
Friday 20th June 2025 Commons Chamber

[Josh Babarinde (Eastbourne) (LD)]

The Mother of the House, the right hon. Member for Hackney North and Stoke Newington (Ms Abbott), is absolutely right to stress the importance of giving a voice to the voiceless. That is a role that many Members in this House take deeply seriously, including proponents of this Bill. No one is more voiceless in this debate than those terminally ill adults who suffered painful, traumatic and undignified deaths under the current system, as well as their families. Nothing that I could say makes the case for this Bill—not just the principle, but this Bill—more powerfully than this letter from my constituent, which is adapted to protect her anonymity:

“Following a diagnosis of an aggressive tumour, my partner’s final days were agony. He struggled to breathe and swallow and lost his ability to speak. He was incontinent & developed painful bedsores. He repeatedly asked for help to end his life. I entered his room to see that he had stuffed yards of his top sheet into his mouth in an attempt to suffocate. It was the most distressing sight and one I will never forget. I live with this image and cannot share it with our children. This could have been avoided with an assisted dying law.”

[Daniel Francis (Bexleyheath and Crayford) (Lab)]

I agree with the hon. Member that people in those circumstances should be able to seek an assisted death. However, the Bill allows someone to say to a doctor on a panel, “I want to go because I do not want to be a burden,” even if they are not suffering at that point in time. It also allows them to say, “I want to go now, so that my family have a larger inheritance.” Why should we support a Bill this afternoon that allows those things?

[Josh Babarinde]

The hon. Member will be aware that the Bill creates a criminal offence that would punish those who would coerce a relative in such a way. [Hon. Members: “Self-coerce.”] There are folks who talk about the concept of self-coercion, but others would frame such a decision as a choice. Self-coercion is a choice.

My constituent said,

“This could have been avoided with an assisted dying law. My partner was from a jurisdiction where such a law exists. A relative used that law. They were able to gather their family, say a proper goodbye and die in peace and with dignity before losing all physical and mental capacity.”

[Jim Shannon]

Will the hon. Member give way on that point?

[Josh Babarinde]

I will not, to give others the chance to speak after me.

My constituent went on to say,

“The procedure to enable this was protracted and had several safeguards which would prevent much of the concerns we hear about by those opposed. I urge you to support this bill”—

the Bill, and not just the principle. I will do so because the status quo is completely unacceptable and must be reformed.

Oral Answers to Questions

Josh Babarinde Excerpts

Tuesday 3rd June 2025 Commons Chamber

[Mr Speaker]

I call the Liberal Democrat spokesperson.

[Josh Babarinde (Eastbourne) (LD)]

Between October 2023 and June 2024, the last Conservative Government released 10,083 offenders under their early release scheme, and refused to exempt domestic abusers from early release, to the horror of survivors and victims charities. The Government have made no such exclusion from their early release scheme so far, but they have the chance to put that right via the new domestic abuse identifier that they are introducing after lots of campaigning by the Liberal Democrats and others. Will the Minister today give survivors and victims charities a commitment that as soon as the identifier comes into force, it will be used to exempt domestic abusers from early release, in the way that the last Government failed to?

[Alex Davies-Jones]

I thank the hon. Member for pointing out the failures of the previous Government, and their refusal to exempt domestic abusers and offenders who have committed violence against women and girls from their early release scheme; this Government ensured that measures were in place to ensure that victims were kept safe. He will know the importance of the new domestic abuse identifying tool that we are bringing forward. It is a vital for identifying and tracking data through the criminal justice system, and it will be important as we go forward with the reviews that we are putting in place.

--- Later in debate ---

[Mr Speaker]

I call the spokesperson for the Liberal Democrat party.

[Josh Babarinde (Eastbourne) (LD)]

Does the Secretary of State agree with the chair of the Prison Governors’ Association that the Conservative proposal to arm prison officers with lethal weapons is just “headline-grabbing nonsense”? Does she agree that, on top of providing body armour, the serious means to protect prison officers is by ensuring that they get the years’ long training they deserve, not the weeks’ long crash course that the last Government left them with?

[Shabana Mahmood]

I agree with the hon. Gentleman. Again, people who pay attention to the detail will know that there are already mutual aid agreements in place between prisons and local police forces to ensure that if an armed response is required, it is available.

Independent Sentencing Review

Josh Babarinde Excerpts

Thursday 22nd May 2025 Commons Chamber

[Mr Speaker]

I call the Liberal Democrat spokesperson.

[Josh Babarinde (Eastbourne) (LD)]

I start by saying that it is an absolute honour to be able to share with my mum, who is a survivor of domestic abuse at the hands of a former partner, that campaigning fuelled by our harrowing experiences at home all those years ago, and the experiences of many other survivors across the country, has contributed to the Government heeding our calls to better identify domestic abuse in the criminal justice system. The increased visibility and the interventions that it will inform to patch up what was an outrageous gap in the system stand to protect victims and survivors across the country, and I sincerely thank the Government for listening to us.

My party and I will hold the Government to account on the implementation, and we would like to get clarity on the record that the new identifier will mean that the Government can be empowered to exclude domestic abusers from, for example, an SDS40 early release scheme, and that partners using Clare’s law will see offences flagged as domestic abuse in the light of the report.

It must be said that it is absolutely appalling that the shadow Justice Secretary has just tried to play politics with domestic abusers.

[Robert Jenrick]

I do not want to let criminals out early—you do.

[Josh Babarinde]

The right hon. Gentleman says that this Government want to let domestic abusers out early. He fails to remember that the end-of-custody supervised licence scheme under the Conservative Government from October to June last year released 10,083 offenders early, with no exclusions for domestic abusers. Does the Secretary of State agree it is critical that this Government provide more support for domestic abuse victims from the likes of their abusers in a way that the last Government failed to do on their watch?

[Shabana Mahmood]

I thank the hon. Member for his remarks. I would accept nothing less than holding us fully to account for these changes, and I look forward to working collaboratively where possible on these measures as we move forward. I pay tribute to him, his family and his mum for the campaigning that they have done on the identification of cases arising from domestic abuse being flagged properly within our justice system.

The new identifier will develop over time, and I am sure that it will inform future policy decisions made by Governments of all stripes, but it is an important starting point. We are very happy to accept the recommendation, and we will move at pace to ensure that we deliver it.

Cases under Clare’s law will be covered by the new measure. As for more support for victims of domestic abuse, we are very keen to take forward the review’s recommendation on the specialist courts, because we think they will have a particularly important role to play. As I said in my statement, we will ensure that the measures relating to the presumption against short sentences contain an exclusion for breaches of orders, which we know is a matter of particular concern for victims of domestic abuse. I will engage with Members across the House on where we can make further progress.

Victims and Courts Bill

Josh Babarinde Excerpts

2nd reading
Tuesday 20th May 2025 Commons Chamber

[Josh Babarinde (Eastbourne) (LD)]

It means a lot to be speaking about this Bill as the Liberal Democrats’ justice spokesperson, but also as someone who has engaged extensively with the criminal justice system as a victim. When I came out the other end of a gruelling Crown court trial as a victim several years ago, I pledged to myself that I would do everything I could to play a part in fixing a system that too often re-traumatises and punishes victims.

When I was part of survivors group therapy with Survivors UK a few years ago, I processed my experiences of abuse alongside 11 other brave men, some of whom are watching today. I swore to those lads that I would never forget their stories, and that I would do what I could to help transform our pain into justice for victims and survivors in the future.

When I meet victims of crime who come to see me for help in my constituency, I promise them that I will throw the kitchen sink at fighting for the support that they need and deserve, so my contribution today is for all of them. I say on their behalf that it is time to shift the centre of gravity back to victims in our criminal justice system. It is time to give victims their voices back. It is time to dignify victims’ experiences with action.

That is why Liberal Democrats fully support the Bill’s efforts to address, for example, the horror of children still being subject to the parental responsibility of those deplorable parents who are convicted of serious sexual offences against them. That is why we welcome the proposed victims’ helpline, eligible for victims whose perpetrators are sentenced, regardless of length, so they can get information about perpetrators’ release and so on. That will go some way to help address some of the concerns I have expressed about the shortcomings of the existing victim contact scheme. I thank the Government for taking on board the feedback from me and many other Members and groups.

It is why the Liberal Democrats also welcome the Bill’s measures to strengthen the powers of the Victims’ Commissioner, empowering them almost to act more like an ombudsman who can take up the causes of individual victims where it is in the public interest. That is why we agree that defendants should participate in sentencing hearings, because robust rehabilitation necessarily involves facing up to one’s actions and understanding the impact of them on their victims.

Liberal Democrats believe that the Bill could be even more ambitious for victims and survivors. That is why, while supporting the Bill in the remaining stages of the legislative process, we will be challenging the Government to address some of the serious omissions that stand to leave victims without the protections they need. The first—the Minister knows this is coming—is on domestic abuse.

The Liberal Democrats have highlighted that this Government have inherited a scandalous state of affairs, where the state does not know how many domestic abusers are behind bars. The Government do not know the reoffending rate of domestic abusers in our criminal justice system. The reason is that there is not a specific identifier in our system, whether it is an offence or something else. Since November last year, we have been screaming out for the Government to deploy robust measures to officially identify domestic abuse perpetrators on a statutory basis, so that victims and survivors can be better protected. I am genuinely grateful that the Government have agreed to seriously develop a way of identifying perpetrators. I know that work is happening behind the scenes, but I would like the Minister to confirm on the record whether we can work together to achieve that in this Bill, or, if not in this Bill, in which piece of legislation in future we might be able to see some progress.

The second gap is on court transcripts. Victims and survivors need measures that deliver fair access to court transcripts. The shadow Justice Secretary forgot to mention that my hon. Friend the Member for Richmond Park (Sarah Olney) has led the way on the issue in this place, repeatedly urging the previously Government to make permanent the pilot scheme.

[Victoria Collins (Harpenden and Berkhamsted) (LD)]

One of my constituents, a victim of domestic abuse, has written to me about the work Sarah has done, which has resonated across the country. My constituent said that access to transcripts was difficult. She welcomed the pilot from the Ministry of Justice but said that the communication around that for victims was not good enough. Does my hon. Friend agree that, whatever work is done, we need to ensure that victims are communicated with so that they know what powers they have to access the information they need?

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Order. I remind Members that we refer to colleagues not by their first or second names, but by their constituency.

[Josh Babarinde]

I thank my hon. Friend for that intervention. She is absolutely right; it is critical not only that victims’ rights are strengthened, but that victims have the knowledge of those rights and entitlements so that they can invoke them, enforce them and, fundamentally, benefit from them.

My hon. Friend the Member for Richmond Park has been urging the Government to make permanent the pilot scheme that affords victims of rape and other sexual offences a record of their sentencing remarks free of charge. She has campaigned on this issue for years, not just since the populist bandwagon has been in town, like some others in this House.

With the pilot scheme ending imminently, we must not return to a world in which some victims are charged up to a staggering £22,000 just to see a write-up of their case. This is exclusionary justice, delivered at an eye-watering price. As well as campaigning for the pilot to be extended, we would therefore push the Government to expand it to cover a far wider pool of victims and survivors.

On a similar note, as a constituency MP, I encourage the Government to take steps to encourage not just written but audiovisual records of court proceedings to be made available to victims and survivors. A mother came to a recent constituency surgery to share with me that her son, who has special educational needs and is non-verbal, was restrained on home-to-school transport, and legal proceedings were kicked off as a result. The mother did not get to see the video evidence of the incident until the court case, and has had no access to that harrowing and traumatic evidence since. She ought to have the right to it, so I hope the Government will be able to help us on that matter.

A third gap is on national insurance contributions. We need support for victims’ charities, who have said that the hike in contributions in the Budget will take their services and the victims who rely on them to the brink. A fourth gap is on family courts. We need measures to prevent abusers from using parental alienation proceedings to perpetrate their abuse. A fifth gap is on the court backlogs, which leave so many victims in the lurch for years—when can victims expect to see measures to tackle them?

In conclusion, the Liberal Democrats are concerned that these gaps in the Bill risk overshadowing many measures that I know Ministers have been working hard on. We look forward to supporting the Bill and its efforts to ensure that victims are heard, protected and respected. We will challenge the Government to go further and faster to ensure that victims and survivors get the support they deserve and that they do not pay the price for the neglect they were subject to under the previous Government.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

There are many colleagues hoping to contribute; to enable hon. Members to prepare, I inform the House that after the next speaker there will be a speaking limit of four minutes.

Legal Aid Agency: Cyber-security Incident

Josh Babarinde Excerpts

Monday 19th May 2025 Commons Chamber

[Madam Deputy Speaker (Judith Cummins)]

I call the Liberal Democrat spokesperson.

[Josh Babarinde (Eastbourne) (LD)]

I thank the Minister for advance sight of her statement. Hundreds of thousands of people across the country, including many in my patch of Eastbourne, will be hugely concerned that their information is in the hands of deplorable criminals whose identities we do not know and whose further intentions are unclear, and who should face the full force of the law. The damage is especially profound, because the state’s inability to steward the public’s data undermines people’s trust in our justice system. More than that, given that legal aid applicants are the victims, the data breach risks disproportionately undermining the trust of some of the most vulnerable people in our society. The previous Government should hang their heads in shame for ignoring the Law Society’s 2023 calls to address those vulnerabilities when they had the chance.

This Government must urgently restore trust, and I have a few questions in pursuit of that. First, how will the Minister proactively communicate with all those affected about this breach to provide guidance and support? Secondly, will she consider launching a dedicated advice line, for example, for anyone who is worried about what it means for them? Thirdly, the Legal Aid Agency’s services were taken offline last Friday, as the Minister confirmed, so how will she ensure that that does not compromise people’s access to legal aid in the meantime? Finally, will the Government conduct a cyber-security review of all the systems they use across their remit to identify and address further vulnerabilities before they are exploited at the expense of our constituents?

[Sarah Sackman]

The hon. Gentleman is absolutely right that incidents such as this perpetrated by cyber-criminals represent an attack on our justice system and are corrosive of trust. He is also absolutely right that, in so doing, they are hitting some of the most vulnerable in our society. That angers me, frankly, and the response needs to be commensurate to the damage that they have done not just in stealing people’s private data, but to the wider system in undermining trust.

We are taking a proactive approach to communicating with people and with the sector. As soon as the risk and the exposure of the system to these hackers was identified, legal aid providers were updated on their exposure and told to take proactive security steps. That communication has been updated, and, as well as today’s public statement, we are in constant communication with those legal aid providers. They are really the most important point of contact, because they have a relationship of trust with their clients, and they will be invited to pass on the warnings and messages coming from the Government. Where we know of particular individuals whose data may have been exposed and who may be particularly vulnerable, we are communicating directly with them. I will take away the hon. Gentleman’s suggestion of an advice line, but for now what I have described will be the most important and effective way of disseminating the warnings and keeping people up to date as the situation evolves.

Turning to the wider security threat to Government and other vulnerabilities, before this attack we had indicated in any event that we would have a new national cyber strategy across Government by the end of the year. Obviously, we also intend to introduce the cyber-security and resilience Bill, which aims to improve and strengthen Government cyber-defences and Government responses to attacks just like this one. All of that is going to be important to improving the resilience not just of the Legal Aid Agency but of cyber-systems right across Government.

Protection of Prison Staff

Josh Babarinde Excerpts

Monday 12th May 2025 Commons Chamber

[Mr Speaker]

I call the Liberal Democrat spokesperson.

[Josh Babarinde (Eastbourne) (LD)]

No prison officer should go to work in fear that they may leave in an ambulance. I therefore send my sympathies and those of the Liberal Democrats to the officer injured at HMP Belmarsh. Assaults on prison staff have doubled since 2015—a reality for which the Conservatives should hang their heads in shame.

The Government must now get a grip. The Prison Officers Association, which is holding its conference in my constituency this week, has requested more protective equipment. The Ministry of Justice is reviewing that, but will it accelerate the review to ensure that officers get that support now, not next month?

Recruitment and retention issues also compromise prison officers’ safety, so what are the Government doing to address that? Will not discontinuing prison officer graduate schemes such as Unlocked Graduates compromise safety? How is the MOJ robustly rehabilitating violent offenders to reduce the risk they pose to prison officers and our communities?

[Sir Nicholas Dakin]

Immediately after the incident at HMP Frankland, the Lord Chancellor, the Prisons Minister in the other place and I met the Prison Officers Association. That was a significant discussion, and commitments were made to ensure that things were addressed properly and correctly. The Prisons Minister will be speaking shortly at the Prison Officers Association conference.

The reviews that are in place are being done in fast time, but they need to be done properly so that we can learn the lessons and take the appropriate actions. They also need input from the people who know exactly what is going on: those in the workforce and those who manage our prisons.

Sentencing Guidelines (Pre-sentence Reports) Bill

Josh Babarinde Excerpts

Committee of the whole House & Report stage
Wednesday 30th April 2025 Commons Chamber

[Madam Deputy Speaker (Judith Cummins)]

I call the Liberal Democrat spokesperson.

[Josh Babarinde (Eastbourne) (LD)]

I made the Liberal Democrat position on this very short Bill, and on this issue more widely, abundantly clear in the last debate that we had on this matter: we believe in equality before the law, we believe in the rule of law, and we believe that no one is above the law. That is why we believe that anyone facing the prospect of a custodial sentence should be the subject of a pre-sentence report. We believe that the state has that duty before dispensing its power to deprive someone of their liberty.

There is no world in which judges and magistrates having more information about an offender, whoever they are, and their circumstances is a bad thing. That is why it is an injustice that the use of pre-sentence reports had fallen from 160,000 in 2015 to just 90,000 by 2023, which is a cut of 42%. That has left judges and magistrates with fewer resources and insights than ever with which to go about their work. Less informed sentencing means less satisfactory sentencing outcomes. It means more reoffending, more victims and more turmoil, and that is unacceptable. That is not justice.

This is a product of the under-investment in our Probation Service—it compiles the reports—which was gutted under the Conservative Government. I therefore welcome the fact that the Minister, in his closing speech on Second Reading, agreed with me that

“the debate should be about how we move to universality of pre-sentence reports, not about rationing.”—[Official Report, 22 April 2025; Vol. 765, c. 1019.]

I will come to new clause 1 shortly.

[Sir Ashley Fox]

The hon. Member will be aware that any sentencing magistrate or judge can request a pre-sentence report, so I would say that his use of the word “rationing” is inappropriate.

[Josh Babarinde]

I do not know whether the hon. Member has read the Sentencing Council’s summary of the responses to the draft guidance that was in consultation under the Conservative Government, but it paraphrased magistrates and judges as saying that driving the universality of pre-sentence reports would be challenging in the light of the limited resource for the Probation Service and of the court backlogs. I would suggest that he consult that document to see the phrases used by those legal professionals.

[Dr Luke Evans]

How much would universality cost? Have the Lib Dems calculated how much it would cost?

[Josh Babarinde]

If the hon. Member for Bridgwater (Sir Ashley Fox) was making the point that these reports should exist come what may, the cash should be ringfenced and earmarked for the use of judges and magistrates to request them, but he and the hon. Member for Hinckley and Bosworth (Dr Evans) cannot have it both ways. We know that if we best tailor a sentence to whether it will result in somebody not reoffending—if we best match the sentence to an offender—we can spend to save. If we can reduce reoffending by ensuring that people get the appropriate sentence, we will keep people out of our crumbling prisons who do not need to be there because they will not reoffend in the first place. We can spend to save.

I regret that this issue has become a political football and one that is sowing the seeds of division. Plainly and simply, this is about the shadow Justice Secretary attempting to hijack our criminal justice system for his own political ends. So desperate is he to score political points that he uses his platform in this House to undermine judges by name, in the full knowledge that they cannot respond and that there is a formal process by which judicial complaints can be investigated and addressed. So desperate are the Conservatives to score political points that they paint judges as activist villains and are working to undermine public confidence in them just because the shadow Justice Secretary does not agree with their rulings.

[Dr Kieran Mullan (Bexhill and Battle) (Con)]

I would expect the Liberal Democrat spokesperson to at least acknowledge that such references are to judges in their capacity as leaders of the Sentencing Council, not to judges sitting in individual cases. That is an important distinction to make when parliamentarians comment on their conduct.

[Josh Babarinde]

I refer the hon. Member to the comments the shadow Justice Secretary made at the last Justice questions—I think the hon. Member was not in attendance for that—when he named a specific judge and made a critique of or complaint about them outside the formal processes.

[Ayoub Khan]

Judges have been vilified, as have others sitting on the Sentencing Council, by Members of this House. Does the hon. Member agree that, if there is to be any vilification, it should be of the Conservative Members who formed the previous Government, who held the consultation and agreed to the guidance?

[Josh Babarinde]

I do not agree that vilification is the right approach from any side of the argument. This debate should be conducted with respect and courtesy, and I feel that that was missing from some of the comments I just referred to. Absolutely, there must be accountability. Indeed, the previous Government were held accountable in huge respect at the general election, where they suffered the biggest defeat in their history. So desperate is the shadow Justice Secretary to rise to the top of our democracy that he is prepared, in the ways I have described, to undermine our democracy itself.

--- Later in debate ---

[Josh Babarinde]

One problem with the proposals is that consultation has been minimal. They come from a rushed place. They come from a place of responding to a culture war. We are voting on people’s liberties and we need to consider the issues in great detail before responding, not in a knee-jerk way. What I can say, and what I have discussed with Members, including the Lord Chancellor, is that, for example, in the guidance on pre-sentence reports, the circumstances of victims of domestic violence, modern slavery and so on should be considered. As I said at the very beginning of my speech, on pre-sentence reports we should lean toward a presumption of universality rather than one of rationing, so that for all the groups and individuals that have just been mentioned, and more, judges can access a pre-sentence report.

We make the call I have just made not only because we have grave concerns about the impact of the proposed changes, but because we remain steadfastly committed to evidence-based policy making. Against the backdrop of cynical culture wars and leadership manoeuvres, it is more important than ever for the Government to assess the outcomes of this policy, with assessments based on statistics, data and evidence as opposed to dogma and ideology.

To conclude, we must not dance to the tune of the populists or the culture war fanatics, or undermine our legal institutions. As such, our position has not changed since last time and we will act accordingly. We will defend our judicial system and its independence, but we reject short-term reforms that fail to address the wider issues of disproportionality at play.

[The First Deputy Chairman]

I call the shadow Minister.

Criminal Injuries Compensation

Josh Babarinde Excerpts

Tuesday 29th April 2025 Westminster Hall

[Josh Babarinde (Eastbourne) (LD)]

I congratulate the hon. Member for Birmingham Northfield (Laurence Turner) on securing the debate. I commend him on behalf of my party, and I am sure everybody in this room, for the bravery that he exhibited in sharing his own story of victimhood and engagement with the criminal injuries compensation scheme.

Victims and survivors in Eastbourne and beyond deserve dignity, respect and meaningful support when someone has violated their safety, their rights, their property and the law that is there to protect them. While no amount of compensation can take away the damage that such acts cause to those victims and survivors, compensation can, as has been described already, represent a powerful acknowledgment from the state about what happened to an individual survivor, and the sum awarded—to be spent on whatever it might be—can contribute towards their healing. Often it is spent on trying to access court transcripts, even though they are extremely expensive, or on therapy to overcome some of mental impacts of the crime.

For too long, victims and survivors of crime have been trapped by not only the trauma of their experiences but a criminal injuries compensation system that fails to recognise their suffering in a fair and humane way, often retraumatising them. The criminal injuries compensation scheme has become a maze of bureaucracy, and is unknown to swathes of victims and those who support them. I think we can all agree that it is in urgent need of reform.

First, the scheme must be simplified in order to make sure that it is as accessible as possible to victims and survivors. When people like the hon. Member for Strangford (Jim Shannon) encourage people to apply if they feel entitled, there should be minimal barriers. Submitting a claim involves a lot of paperwork. According to the Victims’ Commissioner, 40% of victims feel as though they have to secure legal advice to apply for this compensation. That often means giving away a share of their relatively small amount of compensation, which has not been uprated in line with inflation. I would argue that, in cases where there have already been criminal court proceedings, even one additional sheet of paper to fill in is too many.

As a survivor of abuse myself, which I have spoken about in this Chamber, in the House and elsewhere, I personally found the prospect of the criminal injuries compensation scheme process too much to engage with.

[Laurence Turner]

The hon. Member is making a very informed speech. On his point about the complexity of the application, I recently had cause to see the application form for the pre-statutory scheme, and it was simpler than the form that victims have to fill out today. Does he agree that something has gone quite wrong here down the years, and that we should be looking to make the process as brief as possible, and leave those detailed checks to the Government agencies that have already dealt with the victim and crime?

[Josh Babarinde]

I could not agree more that the burden of bureaucracy should not be on the victim. Having spent almost two years going through a police process as a victim, and then a very traumatising Crown court trial, the last thing that I wanted to do was rush to fill in application forms for compensation before the imminent two-year deadline from reporting to the police, which the hon. Member for Wolverhampton West (Warinder Juss) described, was about to be hit, so I did not apply.

For exactly the reasons that the hon. Member for Congleton (Sarah Russell) described, it takes more than two years to process a crime. In my case, it took many decades, and I still process those crimes today. The system is not conducive to that healing process. A question that I asked was essentially, “Is this system for real? After dragging me through what is a shocking, adversarial and dehumanising criminal process, you’re going to ask me to jump through more hoops just to prove that what has happened to me has happened to me? You can go and take your paperwork and stick it where the sun don’t shine.” The sun shines in Eastbourne a lot, as many folks in this room know, so it did not have to go far.

In scenarios where a court case has happened, and where the evidence has already been presented once, it must be possible for the criminal injuries compensation scheme to access that evidence with the consent of the victim and make some kind of compensation assessment without dragging the victim through another legal ordeal from square one. I would be interested to understand what exploration the Government have undertaken in this area.

Inefficiency costs time, and, to the point made in an intervention by the hon. Member for Hornchurch and Upminster (Julia Lopez), who is no longer in her place, no victim should have to wait years and years for their claim to be assessed, as is too often the case today. Alexis Jay, in her IICSA report, also suggested that, in cases where proceedings have already gone to court, there could be merit in empowering a judge to order the payment of criminal compensation from offender to victim. I would be interested to know what assessment the Government have made regarding the merit of that suggestion too.

Secondly, the scheme must be more visible, because so many victims are unaware of it. Fewer than four in 10 victims recall being told by the police about the scheme, according to the Victims’ Commissioner. Significant numbers of victims and survivors are therefore missing out on the compensation that they need to rebuild their lives. I was not told about the scheme by the police; I was first told about it by an incredible child abuse solicitor, Dino Nocivelli, who I was connected with through a friend of a friend. As has been said already, awareness should not rely on who someone knows. The system is failing victims and survivors by leaving them in the dark.

Thirdly, victims and survivors must receive the support they need to navigate the system. I have touched on some of the complexities, as have other hon. Members. In my case, although I did not end up applying, I discussed the scheme with my ISVA—independent sexual violence adviser—from SurvivorsUK, Alan Robertson, to whom I pay tribute. ISVAs play a critical role in giving survivors the practical guidance and confidence to navigate our justice system, of which the criminal injuries compensation scheme is a part.

One of my key concerns, which I have expressed several times before, is that charities report that their capacity to provide support is being diminished by the national insurance contributions hike and the cut to core funding for police and crime commissioners. Those are debates that the Ministry of Justice will need to have had with the Treasury. Some charities that provide such guidance and support to victims have told me, and said publicly, that these measures are tantamount to a 7% real-terms funding cut.

[Charlotte Nichols]

I thank the hon. Member for his speech and particularly for his reference to ISVAs and victim support. In the Warrington area, there is no support available through either the NHS or third sector organisations for people under the age of 18 who have been victims of violence. That is why the CICA scheme is so important: it gives victims the ability to get specialist therapy outside the NHS and the charitable sector. Does he agree that ISVA services need to be far better funded, so that they can offer much more bespoke support to victims throughout the UK, including child victims?

[Josh Babarinde]

I could not agree more with the hon. Member. As someone who has used an ISVA service myself—I am not sure that I could have gone through the process without it—I think that the value of those services cannot be overestimated. It is of great sadness to me that across our country there are what I would describe as ISVA deserts, where it is very difficult to access those services. This should not come down to a postcode lottery. People should not be victims of these terrible crimes in the first instance, but if they are, then wherever they are in the country, they should be able to access those critical services and support to help them to navigate their trauma, their survival and their recovery beyond.

I welcome the fact that the Government have taken steps to protect funding for organisations tackling violence against women and girls, but we know that there are victims and survivors beyond this cohort who will be left with less support at a time when they need more.

The test of a civilised society is how it treats its most vulnerable members. Right now, we are failing that test. Victims and survivors of crime deserve more than our sympathy; they deserve action. They deserve more than a criminal injuries compensation scheme that retraumatises those it is meant to help; they deserve a scheme that is fair, fast and fighting for them. The Liberal Democrats stand ready to work with the Government as they prepare the update to the victims code and forthcoming legislation, with a view to helping to achieve just that.