Sentencing Bill

Debate between Kieran Mullan and Jess Brown-Fuller

Consideration of Lords amendments
Tuesday 20th January 2026 Commons Chamber

[Jess Brown-Fuller]

I thank my hon. Friend for reminding us that the heart of this amendment are victims and their ability to understand what has come in the sentencing remarks. So much happens in a court trial, whether it means reliving past trauma or confronting a perpetrator, and listening to proceedings can feel like a foreign language for many. Others, who choose not to attend the sentencing hearing, have no knowledge of what was said. That is why having consistent free access to transcripts is vital. It provides an opportunity to process the events of court proceedings afterwards or to read them for the first time. For many, this can provide closure and an opportunity to move on, but it is also the route for appealing a sentence if they believe it to have been unduly lenient.

Providing victims with court transcripts free of charge would markedly improve experiences for victims and survivors, but I do have some questions regarding the Government’s amendment in lieu. Could the Minister provide some clarity as to whether the term “victim” is applied as per the definition used by the victims code and whether, in the case that a victim is unable to personally request sentencing remarks—such as victims without capacity or victims who are children—immediate family members of victims are included within the provision?

[Dr Mullan]

Since I cannot ask the Minister myself, I might ask the hon. Lady if she agrees that we also need clarity on whether deceased victims’ family members will have a right to transcripts?

[Jess Brown-Fuller]

The victims code lays out that if a victim is deceased, the immediate family—parents or siblings—would be included. That is why I asked that question of the Minister.

Subsection (3)(c) of the amendment in lieu allows the Secretary of State to provide exceptions to the requirement to provide a transcript of sentencing remarks. What sort of exceptions do the Government anticipate, and as per subsection (3)(d), what sort of information may be omitted from a transcript? If the Secretary of State does not plan to use sweeping powers to except or omit, why are such provisions included in the amendment? The previous Government ran a very limited pilot of free court transcripts. Will this Government publish a detailed review of that pilot?

We believe that this provision could and should go much further, and as per the campaign by my hon. Friend the Member for Richmond Park and Baroness Brinton in the other place, we have tabled an amendment to the Victims and Courts Bill that would mean that all transcripts are provided free of charge, including judicial summaries and bail decisions.

The Lady Chief Justice recently spoke to the Justice Committee about a pilot with HM Courts and Tribunals Service on the use of AI for transcripts, especially in the asylum and immigration courts. She described it as a “great success”, so I would be keen to understand if the Government will work with the Liberal Democrats to progress this work. We do appreciate the growing cross-party support on this issue and the work of all in the other place to achieve this important first step today.

We also welcome the Government committing to a statutory annual report into the state of prison capacity and, importantly, the Probation Service. This is an important mechanism for oversight that will improve long-term assessments of the health of our justice system. We were very happy to see the Government accept our amendment to remove clause 35 from the Bill, which did nothing to address the crisis in our justice system and was totally at odds with the Rehabilitation of Offenders Act 1974. We welcome the amendments tabled by the Government to strengthen protections in relation to the Lord Chancellor’s approval of sentencing guidelines.

We have been supportive of many of the provisions in the Bill aimed at addressing some of the key failings in our crumbling justice system. Our courts, prisons and the Probation Service are all at breaking point, and without urgent intervention they are at risk of failing completely. The Bill offered an opportunity to ease some of the pressures our system faces, where currently the needs of victims, offenders and the system more widely are too often ignored. We also need to ensure that our prison system is one of rehabilitation—one that ends the cycle of reoffending and reduces long-term pressures. All of the Liberal Democrats’ work on this Bill has been in that vein, in order to get the legislation into a better place to achieve those aims.

To conclude, we realise the mess that our justice system finds itself in. We have always aimed to work collaboratively and productively in a cross-party way to ensure that we can begin to turn the tide on this crisis, and we will continue to do so. We need a sustainable solution, which includes cutting reoffending, tackling the court backlog to reduce the number of people in prison on remand, and properly resourcing our Probation Service, which will no doubt feel the impact of this legislation most acutely. The Bill contains a number of proposals that Lib Dems have campaigned for as part of the wider package of reform, but it still could go much further to ensure that it is fit for purpose to protect victims and safeguard our justice system for the future.