All 2 Judith Cummins contributions to the Victims and Courts Act 2026

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Mon 27th Oct 2025
Mon 20th Apr 2026
Victims and Courts Bill
Commons Chamber

Consideration of Lords message

Victims and Courts Bill Debate

Full Debate: Read Full Debate
Department: Ministry of Justice

Victims and Courts Bill

Judith Cummins Excerpts
Alex Davies-Jones Portrait The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)
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I beg to move, That the clause be read a Second time.

Judith Cummins Portrait Madam Deputy Speaker (Judith Cummins)
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With this it will be convenient to discuss the following:

Government new clause 14—Restriction of parental responsibility for child conceived as a result of rape.

New clause 1—Child sexual abuse victims and the Criminal Injuries Compensation Scheme

(1) The Secretary of State must amend the Criminal Injuries Compensation Scheme to—

(a) widen eligibility for compensation to all victims of child sexual abuse, including online-facilitated sexual abuse;

(b) ensure applicants with unspent convictions are not automatically excluded where offences are linked to the circumstances of their sexual abuse as a child; and

(c) increase the time limit for applications for compensation from victims of child sexual abuse to seven years from—

(i) the date the offence was reported to the police; or

(ii) the age of 18, where the offence was reported while the victim was a child.

(2) The Secretary of State must lay before Parliament a new draft of the Criminal Injuries Compensation Scheme within six months of this section coming into force.”

This new clause would widen eligibility for compensation to the Criminal Injuries Compensation Scheme to all victims of child sexual abuse.

New clause 2—Sentencing: duty when giving custodial sentence to offender who has a child

(1) At the time of passing a custodial sentence by a judge or magistrate the relevant court must instruct HM Courts and Tribunals Service (“HMCTS”) to determine whether an offender has—

(a) a dependent child,

(b) parental responsibility for a child, or

(c) a child living in their household.

(2) As soon as reasonably practicable after establishing whether an offender has responsibility for or contact with a child as under subsection (1), HMCTS must notify the relevant local authority and relevant agencies where a child lives with such information about the sentenced individual as the Secretary of State sees fit, which must include—

(a) offence type,

(b) sentence length, and

(c) the offender’s registered home address and date of birth.

(3) In this Section—

“local authority” has the same meaning as in the Children Act 2004 (see section 65);

“relevant agency” in relation to a local authority area in England, means a person who exercises functions in that area in relation to children.”

This new clause would introduce a duty on courts to ascertain whether an offender has responsibility for, or contact with a child at the time of passing a custodial sentence and for the courts to notify relevant local safeguarding teams details of the sentence passed by a judge or magistrate.

New clause 4—Victim personal statements

(1) The Secretary of State shall, within six months of the passing of this Act, issue revised guidance on the content of victim personal statements.

(2) The revised guidance issued under subsection (1) must stipulate that when making a victim personal statement, a victim shall be able to say anything they wish about the defendant, provided it is not contrary to any statutory limitations on free speech, makes allegations of untried criminal conduct or is disorderly language.

(3) The court must disregard any prejudicial comments made during a victim personal statement.”

This new clause would require the Secretary of State to review how to make victim personal statements less restrictive and clarify what can be included.

New clause 5—Duty to collect and publish data upon sentencing

(1) At the time of passing a sentence by a judge or magistrate the relevant court must provide to HM Courts and Tribunals Service (“HMCTS”) the following information regarding the sentence passed—

(a) offence type,

(b) sentence length,

(c) such information about the sentenced individual as the Secretary of State sees fit, which must include—

(i) nationality,

(ii) method of entry to the United Kingdom,

(iii) visa route,

(iv) visa status,

(v) asylum status,

(vi) country of birth, and

(vii) biological sex.

(2) HMCTS must collect and collate the information on the basis set out in subsection (1) on sentences passed in the courts.

(3) Once every three months, the Secretary of State must publish statistics based on the information collected by HMCTS under subsection (2).”

New clause 6—Court transcripts of sentencing remarks

(1) All sentencing remarks made in the Crown Court must be published within two sitting days of being delivered.

(2) All publications must be freely available to all members of the public.”

New clause 7—Extension of Victim Contact Scheme

(1) The Secretary of State must ensure that the Victim Contact Scheme is made available to—

(a) victims of offenders sentenced to less than 12 months for violent and sexual offences,

(b) victims in cases involving coercive or controlling behaviour, stalking, or harassment, and

(c) bereaved families in manslaughter or death by dangerous driving cases.

(2) The Secretary of State must ensure that information under the Victim Contact Scheme is communicated in a timely and trauma-informed manner.

(3) The Secretary of State must publish data each year on uptake and accessibility of the Victim Contact Scheme.”

This new clause would require the Secretary of State to extend the Victim Contact Scheme to certain categories of victim. It would also ensure information is provided in a timely, trauma-informed way and require annual reporting on the Scheme’s uptake and accessibility.

New clause 8—Access to free court transcripts for victims

(1) Victims of criminal offences shall be entitled to receive, without charge, court transcripts of—

(a) sentencing remarks,

(b) judicial summings-up,

(c) bail decisions and conditions relevant to their case.

(2) The Secretary of State must ensure that such transcripts are provided within 14 days of a request.

(3) The duty under subsection (1) shall apply irrespective of whether the victim gave evidence in the case.”

This new clause would give victims a right to receive, free of charge, court transcripts of sentencing remarks, judicial summings-up, and bail decisions relevant to their case. It requires that transcripts be provided within 14 days of a request and clarifies that this right applies whether or not the victim gave evidence in the case.

New clause 9—Victims of online and technology-enabled crimes

(1) The Secretary of State must, within six months of the passing of this Act, commission the Victims’ Commissioner to undertake a review of the support provided to victims of online or technology-enabled offences including, but not limited to—

(a) harassment and threats;

(b) deepfake image generation; and

(c) the premeditated filming and online sharing of violent attacks where the intent is to humiliate or cause distress.

(2) The review should consider the effectiveness of—

(a) the Code of Practice for Victims of Crime in England and Wales;

(b) any guidance on the treatment of victims in the criminal justice system; and

(c) support provided to victims by the criminal justice agencies.

(3) The Victims’ Commissioner must publish a report making recommendations to the Secretary of State within 12 months of the start of the review.”

This new clause would require the Secretary of State to undertake and publish a review of the support provided to victims of online or technology-enabled offences.

New clause 10—Duty to commission support services for victims of abuse and exploitation

(1) This section applies in respect of victims of offences relating to—

(a) domestic abuse,

(b) sexual violence, or

(c) child criminal exploitation.

(2) It is the duty of relevant authorities to commission sufficient and specific services for victims under subsection (1) in accordance with the Victims Code of Practice for England and Wales.

(3) Victim is defined as outlined in Section 1 of the Victims and Prisoners Act 2024.

(4) The services commissioned and provided for under subsection (2) must include, but are not limited to—

(a) specialist services for adult victims of domestic abuse and sexual violence,

(b) specialist services for child victims of exploitation, sexual abuse and domestic abuse,

(c) specialist advocacy and community-based services for victims with specific needs including (but not limited to)—

(i) child victims,

(ii) Deaf and disabled victims,

(iii) Black and minoritised victims, and

(iv) LGBTQ+ victims,

in compliance with the Public Sector Equality Duty.

(5) In this section—

“child criminal exploitation” has the meaning given in the Crime and Policing Act 2025;

“relevant authorities” has the meaning given in section 13 of the Victims and Prisoners Act 2025.”

New clause 11—Duty to commission support services for caregivers of victims of abuse and exploitation

(1) This section applies in respect of victims of offences relating to—

(a) domestic abuse,

(b) sexual violence, or

(c) child criminal exploitation,

where the victim—

(i) at the time of the offence, was under the age of 18, or

(ii) is an adult at risk of harm.

(2) It is the duty of relevant authorities to commission sufficient and specific services for the parent, guardian or person who has responsibility for the victim under subsection (1) for the purpose of securing the rights of the victim under the Victims Code of Practice for England and Wales.

(3) Victim is defined as outlined in Section 1 of the Victims and Prisoners Act 2024.

(4) The services commissioned and provided under subsection (2) must be—

(a) appropriate to the needs of the caregiver in supporting the victim,

(b) trauma-informed and culturally competent, and

(c) accessible without unreasonable delay or procedural burden.

(5) In exercising their duty under this section, relevant authorities must have regard to guidance issued by the Secretary of State.

(6) The Secretary of State must publish such guidance within six months of the passing of this Act, following consultation with relevant stakeholders including—

(a) victim support organisations,

(b) organisations representing children and vulnerable adults, and

(c) persons with lived-experience of the effects of sexual or violent offences.

(7) In this section—

“child criminal exploitation” has the meaning given in the Crime and Policing Act 2025,

“adult at risk of harm” means a person aged 18 or over who—

(a) has needs for care and support,

(b) is experiencing, or is at risk of, abuse or neglect, and

(c) as a result of those needs is unable to protect themselves against the abuse or neglect or the risk of it, and

“relevant authorities” has the meaning given in section 13 of the Victims and Prisoners Act 2025.”

New clause 12—Application of the Victims’ Code in respect of victims of murder, manslaughter or infanticide abroad

(1) The Victims and Prisoners Act 2024 is amended as follows.

(2) After section 2, insert—

“2A Application of the victims’ code in respect of victims of murder, manslaughter or infanticide abroad

(1) This section applies in respect of victims as defined under section 1(2)(c) who are a close relative of a British National resident in England and Wales, who was the victim of—

(a) murder;

(b) manslaughter; or

(c) infanticide,

committed outside the UK.

(2) The Secretary of State must by regulations issue an appendix to the victims’ code, setting out how the code applies to victims in the circumstances set out in subsection (1).

(3) The appendix must set out the services to be provided to victims as defined under subsection (1) by those persons based in England and Wales appearing to the Secretary of State to have functions of a public nature relating to—

(a) victims, or

(b) any aspect of the criminal justice system.

(4) The appendix must make provision for services based in England and Wales which reflect the principles that victims require—

(a) information to help them understand the criminal justice process;

(b) access to services within England and Wales which provide them with emotional and practical support (including, where appropriate, specialist services);

(c) in circumstances where the criminal justice process is engaged in England and Wales, the opportunity to make their views heard in the criminal justice process; and

(d) the ability to challenge decisions which have a direct impact on them.

(5) In setting out the services to be provided to victims under this section, the Secretary of State must specify the following:

(a) how such services will be provided with accessible information;

(b) how they access emotional and practical support.””

This new clause requires the Secretary of State to create an appendix to the Victims’ Code which outlines how the code applies to victims whose close relative was the victim of murder, manslaughter or infanticide outside the UK.

New clause 15—Right to referral to restorative justice services

(1) A victim of an offence has the right, at any stage following the commission of the offence, to receive from a relevant criminal justice body—

(a) information about the availability and purpose of restorative justice services; and

(b) a meaningful referral to restorative justice services, where those services are available.

(2) A referral under subsection (1) must be made—

(a) as soon as is reasonably practicable after the offender is identified; and

(b) at subsequent appropriate stages of the criminal justice process (including pre-charge, post-charge, and post-conviction) or if requested by the victim.

(3) In exercising the right under this section, a victim must at all times give informed consent, and participation in any restorative justice process shall be voluntary.

(4) A relevant criminal justice body must maintain a record (in such form as may be prescribed by regulations) of—

(a) the times when referrals under subsection (1) are made; and

(b) statistical information on how many victims accept, decline, or do not respond to referrals.

(5) For the purposes of this section, “relevant criminal justice body” includes (but is not limited to) the—

(a) police;

(b) Crown Prosecution Service;

(c) His Majesty’s Prison and Probation Service;

(d) courts; and

(e) Commissioned victim service providers.

(6) The victims’ code must include provision consistent with this section for—

(a) the form, timing, and content of information to be given to victims about restorative justice;

(b) mechanisms and standards for referral and re-referral; and

(c) oversight and review of compliance with this section.

(7) In this section “restorative justice services” means services facilitating a process through which a victim and offender (or their representatives) may, with appropriate support, voluntarily engage to deal with the harm arising from the offence by means of a facilitated dialogue or meeting such as conferencing, or indirect exchanges of communication via trained practitioners.”

This new clause seeks to strengthen victims’ statutory rights to access restorative justice services.

New clause 16—Duty to report on the use of restorative justice services

(1) The Secretary of State must, within a year of the passing of this Act, undertake an assessment of the use of restorative justice services by victims in England and Wales.

(2) The assessment under subsection (1) must consider—

(a) the level of use of restorative justice services;

(b) recommendations for increasing the use of restorative justice services; and

(c) any other matters that the Secretary of State deems appropriate.

(3) The Secretary of State must lay a copy of the assessment before Parliament.

(4) In this section “restorative justice services” means services facilitating a process through which a victim and offender (or their representatives) may, with appropriate support, voluntarily engage to deal with the harm arising from the offence by means such as mediation, conferencing, or reparation, under standards of safety and fairness.”

This new clause would require the Secretary of State to carry out an assessment of the level of use of restorative justice services, and make recommendations for increasing their use.

New clause 17—The Victims’ Code: right to veto licence conditions relating to an offender’s release

The Secretary of State must, within 3 months of the passing of this Act, revise the Victims’ Code to ensure that a victim of a serious or violent offence has a right of veto over licence conditions relating to the release of an offender from prison, including temporary release, which fails to reasonably prevent an offender travelling to specific locations and provide adequate protections to the victim.”

This new clause gives victims of a serious or violent offence a right of veto over licence conditions relating to the release of an offender from prison.

New clause 18—Victim navigators

(1) The Secretary of State must, with six months of the passing of this Act, make provision for each police force in England and Wales to have access to one or more independent victim navigators.

(2) The purpose of an independent victim navigator under subsection (1) is to—

(a) liaise between the police force and potential victims of offences relating to slavery or human trafficking; and

(b) assist in the provision of specialist advice for either the police force or the potential victims.

(3) The Secretary of State may by regulations provide further guidance on the functions of independent victim navigators.

(4) Regulations under this section shall be made by statutory instrument, and may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.”

This new clause seeks to introduce provisions for Independent Victim Navigators to be in operation on a national level in England and Wales, acting as a liaison between the police and potential victim of slavery or human trafficking in accessing the appropriate support.

New clause 19—Requirement for Strategic Planning and Funding of Victim Support Services

(1) Each local authority and relevant authority must prepare and maintain a victim support strategy setting out how they will meet the needs of individuals affected by—

(a) offences related to domestic or family-related abuse,

(b) sexual offences, and

(c) offences related to child criminal exploitation,

in accordance with their rights under the victims’ code.

(2) Strategies prepared under subsection (1) must include—

(a) identification of gaps in existing services,

(b) specific plans to fund and deliver services for adults and children,

(c) measures to ensure accessibility for victims with particular needs, including (but not limited to) those who are disabled, deaf, from racially minoritised communities, or LGBTQ+.

(3) Any body subject to a duty under subsection (1) must report annually to the Secretary of State on progress in implementing their victim support strategy, including outcomes for service users.

(4) For the purposes of this section—

“victim” has the meaning given in section 1 of the Victims and Prisoners Act 2024;

“child criminal exploitation” has the meaning given in the Crime and Policing Act 2025; and

“relevant authority” has the meaning given in section 13 of the Victims and Prisoners Act 2025.”

This new clause would require local authorities and other relevant bodies to prepare victim support strategies for meeting the needs of victims of offences relating to domestic or family-related abuse, sexual offences, or child criminal exploitation.

New clause 20—Duty to report on availability of support services for carers of victims

(1) Relevant authorities must prepare an annual report on the availability, accessibility, and adequacy of support services for carers of victims affected by—

(a) offences related to domestic or family-related abuse,

(b) sexual offences, and

(c) offences related to child criminal exploitation,

provided for the purpose of securing the rights of the victim under the victims’ code.

(2) A report produced under subsection (1) must include—

(a) an assessment of gaps in existing services for carers,

(b) the types of support available, including emotional, practical, and advocacy services,

(c) measures in place to ensure accessibility for carers with specific needs, including those who are disabled, blind, deaf, from racially minoritised communities, or LGBTQ+, and

(d) planned actions to improve service provision where gaps are identified.

(3) Relevant authorities with a duty under subsection (1) must publish the report and submit a copy to the Secretary of State no later than six months after the end of each financial year.

(4) For the purposes of this section—

“carer” means any individual providing unpaid support to a victim as defined in section 1 of the Victims and Prisoners Act 2024,

“child criminal exploitation” has the meaning given in the Crime and Policing Act 2025, and

“relevant authority” has the meaning given in section 13 of the Victims and Prisoners Act 2025.”

This new clause would require relevant authorities to prepare an annual report on the availability, accessibility, and adequacy of support services for carers of individuals victims affected by offences relating to domestic or family-related abuse, sexual offences, or child criminal exploitation.

New clause 21—Duty of the Secretary of State to make a statement following publication of reviews or reports relating to the experience of victims in the criminal justice system

(1) This section applies where any review, report, or inquiry—

(a) is commissioned, conducted, or sponsored (in whole or in part) by the Secretary of State or the Victims’ Commissioner, and

(b) relates to the experience of victims in the criminal justice system.

(2) Within two weeks of the date of publication, the Secretary of State must make a statement to both Houses of Parliament setting out—

(a) the principal findings and recommendations of the review, report, or inquiry, and

(b) the Government’s initial response, including any intended actions or further consideration to be undertaken.

(3) The statement under subsection (2) must be made by oral statement unless exceptional circumstances make a written ministerial statement more appropriate.

(4) For the purposes of this section a review, report, or inquiry may be statutory or non-statutory.

(5) The Secretary of State must publish guidance on the operation of this section within three months of the passing of this Act.”

This new clause would require the Secretary of State for Justice to make a statement to Parliament within two weeks of the publication of any review, report, or inquiry relating to the experience of victims in the criminal justice system, including those commissioned or conducted by the Victims’ Commissioner. The statement must summarise the findings and set out the Government’s initial response.

Amendment 8, in clause 3, page 6, leave out lines 1 and 2 and insert

“for a serious sexual offence committed against a child.”

This amendment would extend the provision of restricting parental responsibility where a parent is sentenced for a serious sexual offence committed against a child, regardless of whether it is their child or on the length of sentence handed down.

Amendment 1, page 6, line 1, leave out

“of 4 years or more”.

This amendment would ensure that where a person is sent to prison because of a sexual offence the court would be under a duty to make a prohibited steps order.

Government amendment 10.

Amendment 2, page 6, line 2, leave out

“for whom the offender has parental responsibility.”

This amendment would ensure the court was under a duty to make a prohibited steps order where anyone is sent to prison because of a sexual offence against a child, whether or not that child was one for which they had parental responsibility.

Amendment 3, page 6, line 20, leave out from “section” to end of line 25 and insert—

“ceases to have effect if the offender is acquitted of the offence on appeal.

(5A) A prohibited steps order made under this section does not cease to have effect if the sentence is reduced, on appeal, so that it is no longer a life sentence or a term of imprisonment or detention of 4 years or more.”

This amendment would ensure that a prohibited steps order would cease to have effect if the offender is acquitted of the offence on appeal. It would also require that a prohibited steps order remain in effect where a sentence is reduced on appeal so that it is no longer a life sentence or a term of imprisonment or detention of four years or more.

Government amendments 11 to 21.

Amendment 4, in clause 11, page 12, line 21, at end insert—

“(aa) in that sub-paragraph omit “28” and insert “56””

This amendment increases the window for applying to the Unduly Lenient Sentences Scheme from 28 days to 56 days.

Amendment 5, page 12, line 23, after “(2)” insert—

“unless an application is made by a victim, or their deceased victim’s next of kin, in which case notice of an application shall be given within one year.”

This amendment increases the window for applying to the Unduly Lenient Sentences Scheme to one year for a victim of a crime or a deceased victim’s next of kin.

Amendment 6, page 12, line 29, leave out “28” and insert “56”.

This amendment is contingent on Amendment 4.

Amendment 7, page 12, line 39, at end insert—

“(5) In accordance with the provision under sub-paragraph (1) the Crown Prosecution Service must write to the victim, or a deceased victim’s next of kin, within 10 working days of the sentence being delivered to make them aware of their ability to apply for a review of sentencing.”

This amendment is contingent on Amendment 5. It would require the CPS to write to a victim, or a deceased victim’s next of kin, within 10 working days of a sentence being delivered to make them aware of their ability to apply for a review.

Alex Davies-Jones Portrait Alex Davies-Jones
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It is truly an honour to open this debate and to bring the Victims and Courts Bill before the House. This Bill is about people—victims who have suffered unimaginable trauma and their families—and ensuring that they receive justice. It is about restoring faith in a justice system that can often feel cold and confusing, and it delivers on this Government’s driving mission for safer streets, making sure that victims are supported, that offenders are held to account, and that justice is delivered swiftly and fairly.

The deep-rooted issues in our criminal justice system need no repeating here. The House knows that the system requires large-scale reform after years of neglect. There is a long road ahead, but this Bill takes an important step forward. At its core are victims’ experiences. This Government are bringing forward real, tangible measures to ensure that victims’ voices are heard, their needs are recognised, and their rights are respected. The Bill will strengthen our courts, improving efficiency and fairness across the system. These are much-needed changes, and I am deeply grateful to hon. and right hon. Members from all parts of the House for their time and their insight in considering the measures, and to all the organisations, advocates and survivors who have shared their experiences and helped us shape this legislation.

I am sure that the House will therefore join me in paying tribute to the families of Jan Mustafa, Olivia Pratt-Korbel, Zara Aleena and Sabina Nessa, and I welcome to this place Ayse Hussein, Cheryl Korbel and Antonia Elverson, who are in the Public Gallery today. I also thank Jebina Islam, Farah Naz, the Justice for Victims group—which includes Susan and Jeremy Everard, Glenn and Becky Youens, Katie Brett, Paula Hudgell and Ayse Hussein—and the Bethan family for their courage and strength in campaigning amid immense grief for their loved ones.

Three Government amendments on Report will further strengthen the Bill, delivering clearer, stronger protection for victims, and I will turn to them briefly now. I again thank all those who have worked so constructively with me and officials in the Ministry of Justice to discuss their issues and concerns.

New clause 14 and amendments 12 to 21 restrict the exercise of parental responsibility for perpetrators of rape, where their crime has resulted in the birth of a child. These amendments will protect children, but will also help shield the victim from their perpetrator interfering in their lives, because those who commit this horrific crime should clearly never be able to use parental rights to control or torment their victim. I take a moment to pay tribute to a woman who I am proud to call my colleague and even prouder to call my friend. Many in this House will already have deep admiration for my hon. Friend the Member for Bolsover (Natalie Fleet), and I place on record that this change is hers. It is for her, her children and those just like them up and down the country—the people to whom she has dedicated her life to fighting tirelessly for.

Victims and Courts Bill Debate

Full Debate: Read Full Debate
Department: Ministry of Justice

Victims and Courts Bill

Judith Cummins Excerpts
Consideration of Lords message
Judith Cummins Portrait Madam Deputy Speaker (Judith Cummins)
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I must draw the attention of the House to the fact that Lords amendments 4B and 4C engage Commons financial privilege. If either of those Lords amendments is agreed to, I will cause the customary entry waiving Commons financial privilege to be entered in the Journal.

Clause 12

Private prosecutions: regulations about costs payable out of central funds

Alex Davies-Jones Portrait The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)
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I beg to move, That this House disagrees with Lords amendments 4B and 4C.

Judith Cummins Portrait Madam Deputy Speaker
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With this it will be convenient to discuss:

Government amendment (a) in lieu of Lords amendments 4B and 4C.

Lords amendments 5B, 5C, 5D, 5E and 5F.

Lords amendments 6B and 6C.

Alex Davies-Jones Portrait Alex Davies-Jones
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I am grateful once again to have the opportunity to speak on the Victims and Courts Bill. As I have said previously in this House, this is fundamentally a Bill for victims. Throughout the Bill’s passage, we have heard the experiences and views of victims and bereaved families and we have listened. I know for that fact that the Bill is now stronger because of this.

I am sure the whole House will join me in paying tribute to some of the victims’ campaigners who have been so instrumental in this Bill, some of whom are joining us in the Gallery today. First, I say to the families of Olivia Pratt-Korbel, Jan Mustafa, Zara Aleena and Sabina Nessa: I know that nothing will ever lessen the pain of such an immense loss, followed by the indescribable trauma of an offender who would not face you and would not face justice. We owe you a debt of thanks for your courage and fortitude in campaigning to ensure that offenders will always be forced to attend their sentencing hearings, and that offenders that refuse to attend are quite rightly punished appropriately. Thanks to you, criminals will never be allowed to hide away from justice, and you have ensured that others should never have to face what you have had to endure. This measure in the Bill is brought forward in the memories of Olivia, Zara, Sabina and Jan.

Secondly, I would like to pay tribute to Tracey Hanson and Katie Brett, who have worked tirelessly to ensure that no other family should experience the injustices that they faced due to not being informed about the unduly lenient sentence scheme. Tracey Hanson’s son Josh was tragically murdered in an unprovoked knife attack in 2015. Since that devastating loss, Tracey has shown extraordinary strength and compassion, continuing to advocate for and support other victims through her charity, the Josh Hanson Trust. In relation to the ULS scheme in particular, Tracey has campaigned for more than a decade, working closely with academics and fellow bereaved families to bring forward this change in the law. She held a strong and unwavering belief that it could not be right for her request to the Attorney General to be dismissed so abruptly, with nothing more than a “case closed” response.

--- Later in debate ---
None Portrait Several hon. Members rose—
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Judith Cummins Portrait Madam Deputy Speaker (Judith Cummins)
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Order. Before I call the shadow Minister, Members may wish to refresh their memories. According to the rules of behaviour and courtesies in the House of Commons, we must never directly address visitors in the Public Gallery.

Kieran Mullan Portrait Dr Mullan
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It is a pleasure to take part in this debate on the Lords message on the Victims and Courts Bill.

The Bill has been debated extensively in the other place. I thank the Lords for their care and consideration in trying to improve it, as we tried to do in the Commons. Members will know that, when the Bill was last in this House, we were sadly defeated by Labour MPs on a number of provisions relating to court transcripts, the victims code and the unduly lenient sentence scheme. Since then, the Lords have done a good job in securing concessions from the Government, including an agreement that there should be a clearer and more defined set of rights for victims of homicide abroad, which the Minister mentioned.

Although it is not the subject of the debate, I join the Minister in acknowledging the campaigning by the relatives and MPs of Olivia, Zara, Sabina and Jan, which we have discussed a number of times in the Chamber as we passed specific amendments.

Today we are considering two remaining provisions added in the Lords. I begin with the Government amendment in lieu of the Lords amendments on the unduly lenient sentence scheme. Many Members of this House will be familiar with the ULS and will have used it themselves. Anyone, including a victim, a relative of a victim or a member of the public, can ask the Attorney General to consider whether a sentence should be referred to the Court of Appeal as being unduly lenient. If the Attorney General considers that it might be, they refer it to the Court of Appeal for review. However, there is a strict 28-day limit within which the Attorney General is able to refer a sentence to the Court of Appeal—and, by extension, a 28-day limit within which the victim or a member of the public can refer the case. If the Court of Appeal finds that the sentence is unduly lenient, it may alter the sentence or substitute it for another.

I have used the scheme on occasions when I have considered sentences to be unduly lenient, including, most recently, in relation to the horrific murder of Alana Odysseos, who was murdered by her boyfriend, Shaine March. He stabbed her 19 times when she refused to have an abortion. Despite having been convicted of murder and released on parole for that offence, when he committed this second murder, he was given a second life sentence—a term that is increasingly unfit for purpose—with the prospect of leaving prison again. That was plainly wrong, and after I referred his case to the scheme, his sentence was overturned and replaced with a whole-life order, meaning that he will never be released. I have had the pleasure of speaking with Alana’s sister, Jasmine. She has told me of the importance of that outcome, which means that Mr March is serving a sentence that reflects the gravity of his crime. That demonstrates how effective the scheme can be in certain circumstances, but it does not always operate as we might want it to.

I have had the privilege of being able to meet and work with a number of victims and their families. They explained to me clearly the pitfalls in the scheme, and drew particular comparisons between the rights and privileges of the criminals and those of victims and the bereaved, in relation both to awareness and notification of the scheme and to the time available to use it. MPs and others can refer cases to the scheme, but those most likely to have an interest in making a referral or appealing a sentence are the victims or their families, and they do not always know about the scheme.

There is not much point in people having a right if they are not told about it. The Government have agreed to a statutory duty to notify victims of the existence of the unduly lenient sentence scheme, which will mean that victims and bereaved families can easily find clear information about the ULS and about their rights in the victims code. Will the Minister clarify which body she envisages will have responsibility for that? It is important that we have some kind of plan to ensure that notification is working. I am sure that the various bodies involved would say that they like to think that everybody is told about it, but that is not the case, so how do the Government plan to ensure that whoever is given that job follows through on it?

My hon. Friend the Member for Bridgwater (Sir Ashley Fox), who is no longer in his place, spoke about what the Government did or did not agree to. The Government’s original plan for the ULS in the Bill was not to give victims more time, but to give themselves more time. It was not on their radar, in any way, shape or form, to extend the time available to victims and their families. When we sought to amend the Bill in that respect, we were told that it was not possible and that we would have to wait for the findings of the Law Commission’s review of criminal appeals. I think the Minister must now accept that that was not true—as we knew at the time—because here we are making amendments before those findings are published.

I do welcome the amendments, however. I pay tribute to those I have worked with directly, many of whom the Minister has mentioned. I have worked closely on this issue with Katie Brett from the campaign group Justice for Victims. I pay tribute to her MP, the hon. Member for Blackpool North and Fleetwood (Lorraine Beavers), who made a particularly powerful and effective speech on this matter last time it was before this House. She has been very effective behind the scenes in driving forward this change.

Katie’s sister, Sasha, was murdered in 2013. This is difficult to talk about, but it is the reality of what people are going through. Aged just 16, Sasha was raped and stabbed more than 100 times, and her body was set on fire. Katie and her family believed that Sasha’s killer met the existing criteria for a whole-life order, but he was given only a minimum sentence of 35 years. In reality, that meant that there was every possibility that he would end up getting out of prison. Despite all Katie’s amazing work on this issue, the scheme is not retrospective, which is something the family will have to accept.

Katie was so upset about being unable to successfully appeal the sentence that she collected more than 10,000 signatures on a petition to remove the 28-day limit for appeals.

The way that Katie described the situation has always stuck with me, and I have used it in discussions with Ministers and others. She said that 28 days is the amount of time we have to take something back to a shop. Someone has the same amount of time to decide whether or not they like a top that they have bought. How can we have the same test for something so serious? That measure was a cross-party one—we did not amend it when we were in government.

I also met Ayse Hussein, another member of Justice for Victims, who campaigns on behalf of her cousin, Jan Mustafa. Jan’s killer had raped, tortured and imprisoned various girls and young women. He murdered Henriett Szucs and Jan and hid their bodies in a freezer, one of top of the other. He did not receive a whole-life sentence and may leave prison one day. Again, Ayse and her family never knew anything about the scheme.

I have also had the pleasure of meeting Lauren Redmond, who lost her ability to appeal a sentence purely because of errors made by the Crown Prosecution Service. When a request to appeal the sentence was placed, the Attorney General’s office asked for the relevant files. The CPS sent the wrong date to the Government, who then worked towards an incorrect timetable. As a result, Lauren was denied the right to appeal.

I have also had the opportunity to meet Tracey Hanson. You have given us guidance on addressing visitors in the Public Gallery, Madam Deputy Speaker, but the Minister has already done it for us. Tracey has campaigned for many years on this issue, and works on victims’ behalf more generally through the Josh Hanson Trust, which is named after her son. I know that she has been supported by the Victims’ Commissioner in that work. As the Minister said, Joshua was 21 when he was murdered in an unprovoked knife attack. Tracey and I have not always seen eye to eye on exactly how the scheme should be reformed, but that in no way diminishes the incredibly vital role that she has played over many years in campaigning for improvements to the scheme. I pay tribute to my hon. Friend the Member for Mid Bedfordshire (Blake Stephenson), who has done a great job of advocating and lobbying on Tracey’s behalf.

I am glad that the Government have been persuaded to act. They will now allow up to six months for victims and their families to make use of the scheme in certain circumstances. I want to allow space for Katie and Tracey’s words on those changes. Katie said:

“It’s a relief that, in Sasha’s memory, victims and their families will have 6 months to challenge an unduly lenient sentence, and the new legal duty to be notified means every family will know their rights to be able to do so. No family should ever be left in the dark like we were, every victim deserves support. We’re grateful these steps are being taken to redress the balance that so often feels weighted against victims.”

Tracey said:

“After…years of relentless campaigning through the Josh Hanson Trust, this is a significant and long-awaited victory for victims’ rights. Following our extensive advocacy, the Government has agreed to transformative amendments to the Unduly Lenient Sentence (ULS) scheme. These changes represent a hard-fought victory in ensuring that families are no longer left in the dark or rushed through a traumatising process during the most painful moments of their lives. These reforms are a testament to Josh’s memory and the passion and dedication of everyone who stood with the Josh Hanson Trust. We have moved forward, but the fight for full equality in the eyes of the law continues.”

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Judith Cummins Portrait Madam Deputy Speaker (Judith Cummins)
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Order. With the exception of the remaining Front-Bench speech, I am introducing an immediate six-minute time limit.

Lorraine Beavers Portrait Lorraine Beavers (Blackpool North and Fleetwood) (Lab)
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I stand here today proud of my constituent Katie Brett, who joins us in the Gallery. These changes to the unduly lenient sentence scheme are being brought forward because of her campaigning, following the most traumatic ordeal for her and her family, and I am proud to welcome the fact that this Labour Government have listened and acted.

For too long, victims and bereaved families felt that the justice system was not on their side. Measures to force offenders to attend sentencing hearings are right. Families should not be denied the chance to see justice simply because an offender refuses to face up to what they have done. The stronger protections for children, especially in cases of sexual violence, are also badly needed, but I want specifically to welcome the changes that the Government are proposing to the unduly lenient sentence scheme.

Katie’s little sister, Sasha Marsden, was just 16 years old when she was brutally murdered, raped and set on fire. It was a crime as horrific and evil as it is possible to imagine, and the pain her family have lived with ever since is something most of us cannot even imagine. After everything they had already been through, Katie and her family then faced another injustice: they had only 28 days to challenge the sentence, and they were not even told that they had the right to do so. That was so very wrong. A trial like that would be deeply traumatic for any family. In Sasha’s case, her family heard all the awful details of what she had endured in the final moments of her young and precious life, and no one in that position is ready, within a matter of days, to get to grips with a complex legal process and start to fight again.

Twenty-eight days is not long enough. It is not a real right for any family; it is a barrier. That is why Katie has shown extraordinary courage. Through her campaign for Sasha’s law, she has spoken not only for her own family, but for many others who felt shut out by the system. Katie’s campaign was clear: more time for bereaved families and victims to challenge sentences that they believe are unduly lenient, and clear information so they know that that right exists in the first place.

I am pleased that this Labour Government have heard the arguments and are acting to put things right. They have listened to campaigners and to families. I thank the Minister for her constructive engagement to ensure that the Government get the change right, and for ensuring that victims have been listened to at every stage of the process. This change will make a real difference to people at the worst moment of their lives. Crucially, the injustice that Katie suffered would not have happened had these changes been in place. It shows what the Government can do when we put victims first, and when we believe that justice must be matched by decency and compassion. The justice system should reflect the reality of trauma, grief and loss.

Finally, I want to place on the record how proud I am that I played a small part in helping Katie make today happen, and to thank the Government for listening. Twenty-eight days was not enough. Victims and bereaved families must be properly informed, and a better system is being brought forward as a result. For Katie Brett, for Sasha Marsden, and for so many other families, the changes will not remove the grief, but they will make the system fairer, more humane and more just. There is of course always work to do on the criminal justice system, but victims should not have fewer rights than perpetrators. These changes go some way to correct that injustice, and I will be proud to vote for them today.

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We in the Liberal Democrats, including my friend the learned Lord Marks in the other place, were concerned about the provisions in clause 12 that would give the Government power to limit cost reimbursement. We have argued that there is a risk that organisations will be put off presenting cases if they cannot recover their costs. We therefore support the Government amendments in lieu of Lords amendments 4B and 4C, which mandate an impact assessment, and a consultation with the Law Society, the Bar Council and other organisations relevant to the provisions prior to their implementation. This will allow time for a fair assessment of the need for, and results of, the Government’s provisions, and will ensure that the Government are not risking undermining the ability of organisations and charities to bring forward private prosecutions. I want to again thank Lord Marks for his work with the Government to get this amendment in place, and I encourage Members across the House to support it.
Judith Cummins Portrait Madam Deputy Speaker (Judith Cummins)
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With an immediate five-minute time limit, I call Anneliese Midgley.

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

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

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

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

“My nine-year-old Liv was the light of our lives, our beautiful, sassy, chatty girl who never ran out of energy. She was a character, she was my baby…She will never get to make her holy communion, wear that prom dress or have a sweet 16th birthday, walk down the aisle with the man of her dreams or become a mother of her own children. All that promise for her future so cruelly taken away. Now I have to drive to the cemetery to be close to my baby daughter…telling her I miss her smile, her kisses, her cuddles, her voice.”

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

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

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