Victims and Courts Bill

Judith Cummins Excerpts

Monday 20th April 2026 Commons Chamber

Consideration of Lords message

[Madam Deputy Speaker (Judith Cummins)]

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

[The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)]

I beg to move, That this House disagrees with Lords amendments 4B and 4C.

[Madam Deputy Speaker]

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]

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.

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[Several hon. Members rose—]

[Madam Deputy Speaker (Judith Cummins)]

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.

[Dr Mullan]

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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[Madam Deputy Speaker (Judith Cummins)]

Order. With the exception of the remaining Front-Bench speech, I am introducing an immediate six-minute time limit.

[Lorraine Beavers (Blackpool North and Fleetwood) (Lab)]

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.

[Madam Deputy Speaker (Judith Cummins)]

With an immediate five-minute time limit, I call Anneliese Midgley.

[Anneliese Midgley (Knowsley) (Lab)]

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.