Asked by: Maria Eagle (Labour - Liverpool Garston)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether the new Victims Code will address concerns raised by survivors about last minute plea changes (a) causing reduced sentencing severity and (b) denying victims the chance to give evidence about what happened to them.
Answered by Catherine Atkinson - Parliamentary Under-Secretary (Ministry of Justice)
The Victims’ Code (the Code) sets out the rights and information victims can expect to receive from criminal justice agencies in England and Wales. As part of implementation of the Victims and Prisoners Act 2024, we have consulted on a new draft Victims’ Code (which is available online), which closed on 30 April. We are now considering the nearly 200 responses and will respond publicly, ahead of bringing a new Code into force.
The current Code sets out that all victims (including victims of coercive control, stalking, economic abuse and other forms of domestic abuse) are entitled to be referred to a support service by the police within 2 working days of a crime being reported to them. Both the current Code, and the new draft Code include information about a victim’s ability to ask the Attorney General to consider making a referral under the Unduly Lenient Sentencing Scheme. The Victims and Courts Act 2026 introduced a new statutory obligation to ensure that new and revised Codes always include such information.
This Government recognises the significance and seriousness of strangulation as a method of exerting power and control. Indeed, non-fatal strangulation and suffocation is a criminal offence, an indicator of controlling or coercive behaviour, and a recognised risk factor for intimate partner homicide. The Code sets out the information and support victims can expect to receive; it therefore does not seek to provide guidance to criminal justice agencies about the risk profiles of specific criminal offences, which is a matter best dealt with elsewhere.
Guilty pleas can avoid the need for trial, shorten the gap between charge and sentence, and can save victims from having to be cross-examined on potentially highly traumatic evidence in court. Guilty pleas are also relevant to sentencing, though when they are entered later in the process, any reduction in sentence is substantially lower than in cases where guilty pleas are made earlier in the process.
Even though a guilty plea removes the need for a trial, victims have a right under the Code to make a Victim Impact Statement (VIS) to the Police, explaining how the crime has affected them. If the case proceeds to a sentencing hearing (including after a guilty plea), the VIS is delivered as evidence and the court will take into account all the circumstances of the case, including the VIS, in determining sentence. This is already set out within the current Code, but we have sought views through the consultation on how to improve communication with victims on making a VIS and on how well sentencing decisions are explained to and understood by victims.
Asked by: Maria Eagle (Labour - Liverpool Garston)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if he will take steps to ensure that the new Victims Code stipulates that the police, CPS, government agencies and health professionals consistently recognise non fatal strangulation as a high risk indicator of homicide and respond accordingly.
Answered by Catherine Atkinson - Parliamentary Under-Secretary (Ministry of Justice)
The Victims’ Code (the Code) sets out the rights and information victims can expect to receive from criminal justice agencies in England and Wales. As part of implementation of the Victims and Prisoners Act 2024, we have consulted on a new draft Victims’ Code (which is available online), which closed on 30 April. We are now considering the nearly 200 responses and will respond publicly, ahead of bringing a new Code into force.
The current Code sets out that all victims (including victims of coercive control, stalking, economic abuse and other forms of domestic abuse) are entitled to be referred to a support service by the police within 2 working days of a crime being reported to them. Both the current Code, and the new draft Code include information about a victim’s ability to ask the Attorney General to consider making a referral under the Unduly Lenient Sentencing Scheme. The Victims and Courts Act 2026 introduced a new statutory obligation to ensure that new and revised Codes always include such information.
This Government recognises the significance and seriousness of strangulation as a method of exerting power and control. Indeed, non-fatal strangulation and suffocation is a criminal offence, an indicator of controlling or coercive behaviour, and a recognised risk factor for intimate partner homicide. The Code sets out the information and support victims can expect to receive; it therefore does not seek to provide guidance to criminal justice agencies about the risk profiles of specific criminal offences, which is a matter best dealt with elsewhere.
Guilty pleas can avoid the need for trial, shorten the gap between charge and sentence, and can save victims from having to be cross-examined on potentially highly traumatic evidence in court. Guilty pleas are also relevant to sentencing, though when they are entered later in the process, any reduction in sentence is substantially lower than in cases where guilty pleas are made earlier in the process.
Even though a guilty plea removes the need for a trial, victims have a right under the Code to make a Victim Impact Statement (VIS) to the Police, explaining how the crime has affected them. If the case proceeds to a sentencing hearing (including after a guilty plea), the VIS is delivered as evidence and the court will take into account all the circumstances of the case, including the VIS, in determining sentence. This is already set out within the current Code, but we have sought views through the consultation on how to improve communication with victims on making a VIS and on how well sentencing decisions are explained to and understood by victims.
Asked by: Maria Eagle (Labour - Liverpool Garston)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what mechanisms the new Victims Code will include to guarantee that victims of (a) coercive control, (b) stalking, (c) economic abuse and (d) other forms of domestic abuse are promptly referred to specialist services.
Answered by Catherine Atkinson - Parliamentary Under-Secretary (Ministry of Justice)
The Victims’ Code (the Code) sets out the rights and information victims can expect to receive from criminal justice agencies in England and Wales. As part of implementation of the Victims and Prisoners Act 2024, we have consulted on a new draft Victims’ Code (which is available online), which closed on 30 April. We are now considering the nearly 200 responses and will respond publicly, ahead of bringing a new Code into force.
The current Code sets out that all victims (including victims of coercive control, stalking, economic abuse and other forms of domestic abuse) are entitled to be referred to a support service by the police within 2 working days of a crime being reported to them. Both the current Code, and the new draft Code include information about a victim’s ability to ask the Attorney General to consider making a referral under the Unduly Lenient Sentencing Scheme. The Victims and Courts Act 2026 introduced a new statutory obligation to ensure that new and revised Codes always include such information.
This Government recognises the significance and seriousness of strangulation as a method of exerting power and control. Indeed, non-fatal strangulation and suffocation is a criminal offence, an indicator of controlling or coercive behaviour, and a recognised risk factor for intimate partner homicide. The Code sets out the information and support victims can expect to receive; it therefore does not seek to provide guidance to criminal justice agencies about the risk profiles of specific criminal offences, which is a matter best dealt with elsewhere.
Guilty pleas can avoid the need for trial, shorten the gap between charge and sentence, and can save victims from having to be cross-examined on potentially highly traumatic evidence in court. Guilty pleas are also relevant to sentencing, though when they are entered later in the process, any reduction in sentence is substantially lower than in cases where guilty pleas are made earlier in the process.
Even though a guilty plea removes the need for a trial, victims have a right under the Code to make a Victim Impact Statement (VIS) to the Police, explaining how the crime has affected them. If the case proceeds to a sentencing hearing (including after a guilty plea), the VIS is delivered as evidence and the court will take into account all the circumstances of the case, including the VIS, in determining sentence. This is already set out within the current Code, but we have sought views through the consultation on how to improve communication with victims on making a VIS and on how well sentencing decisions are explained to and understood by victims.
Asked by: Maria Eagle (Labour - Liverpool Garston)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what mechanisms will hold (a) police, (b) CPS, (c) courts, and (d) other government agencies accountable if they fail to meet the minimum standards for domestic abuse victims set out in the new Victims Code.
Answered by Catherine Atkinson - Parliamentary Under-Secretary (Ministry of Justice)
The Government is committed to ensuring that all victims of crime, including victims of domestic abuse, receive the entitlements they can expect under the Victims’ Code. This is why in 2025 a new statutory duty was commenced from the Victims and Prisoners Act 2024 which requires agencies who provide Code services to comply with the Code unless there is a good reason to not. The 2024 Act also enhances the powers of the Victims’ Commissioner by requiring relevant agencies to respond to recommendations made in the Commissioner’s reports, and to cooperate, where appropriate and reasonably practicable to do so, with requests from the Commissioner such as requests for data or for meetings.
The 2024 Act also establishes a framework to monitor criminal justice agencies' compliance with the Code. Once commenced, certain criminal justice bodies (including the police, the CPS and HMCTS) will be required to keep under review whether and how services are provided in accordance with the Code, including collecting and sharing certain Code compliance information. The framework has not yet been commenced but preparatory work is underway with criminal justice agencies to improve the quality of the underlying victims’ data that will support the development of prescribed metrics which will underpin the framework.
The Victims and Courts Act 2026 strengthened the powers of the Victims’ Commissioner within that framework by requiring the Commissioner to produce their own report on Code compliance to enable independent oversight of the criminal justice agencies compliance with the Code.
In addition, the Ministry of Justice ran a public consultation on a new Victims’ Code, which closed on 30 April. The Department is now taking the time to consider the responses it has received and will respond publicly in due course, ahead of bringing a new Code into force.
Finally, where victims feel that they have not received the services they can expect as set out in the Code, there are formal complaints processes that service providers are required to provide. If victims are not happy with a service provider’s complaint response, complaints can be directly sent to the Parliamentary Health Service Ombudsman without going through an MP.
Asked by: Maria Eagle (Labour - Liverpool Garston)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether the new Victims Code will ensure victims are told, in plain language and within the required timeframe, about their right to request review under the Unduly Lenient Sentence Scheme.
Answered by Catherine Atkinson - Parliamentary Under-Secretary (Ministry of Justice)
The Victims’ Code (the Code) sets out the rights and information victims can expect to receive from criminal justice agencies in England and Wales. As part of implementation of the Victims and Prisoners Act 2024, we have consulted on a new draft Victims’ Code (which is available online), which closed on 30 April. We are now considering the nearly 200 responses and will respond publicly, ahead of bringing a new Code into force.
The current Code sets out that all victims (including victims of coercive control, stalking, economic abuse and other forms of domestic abuse) are entitled to be referred to a support service by the police within 2 working days of a crime being reported to them. Both the current Code, and the new draft Code include information about a victim’s ability to ask the Attorney General to consider making a referral under the Unduly Lenient Sentencing Scheme. The Victims and Courts Act 2026 introduced a new statutory obligation to ensure that new and revised Codes always include such information.
This Government recognises the significance and seriousness of strangulation as a method of exerting power and control. Indeed, non-fatal strangulation and suffocation is a criminal offence, an indicator of controlling or coercive behaviour, and a recognised risk factor for intimate partner homicide. The Code sets out the information and support victims can expect to receive; it therefore does not seek to provide guidance to criminal justice agencies about the risk profiles of specific criminal offences, which is a matter best dealt with elsewhere.
Guilty pleas can avoid the need for trial, shorten the gap between charge and sentence, and can save victims from having to be cross-examined on potentially highly traumatic evidence in court. Guilty pleas are also relevant to sentencing, though when they are entered later in the process, any reduction in sentence is substantially lower than in cases where guilty pleas are made earlier in the process.
Even though a guilty plea removes the need for a trial, victims have a right under the Code to make a Victim Impact Statement (VIS) to the Police, explaining how the crime has affected them. If the case proceeds to a sentencing hearing (including after a guilty plea), the VIS is delivered as evidence and the court will take into account all the circumstances of the case, including the VIS, in determining sentence. This is already set out within the current Code, but we have sought views through the consultation on how to improve communication with victims on making a VIS and on how well sentencing decisions are explained to and understood by victims.
Asked by: Maria Eagle (Labour - Liverpool Garston)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether the Government plans to review the sentencing guidelines for the offence of non fatal strangulation to recognise the significantly increased risk of future lethal violence.
Answered by Jake Richards - Assistant Whip
Sentencing guidelines are developed by the independent Sentencing Council, in fulfilment of its statutory duty to do so. The Council has issued a guideline for strangulation and suffocation offences which came into force in January 2025. The guideline provides a structured approach for sentencers to follow when sentencing these offences and is designed to help enhance consistency and transparency in sentencing decisions. It is available on the Council’s website at: https://sentencingcouncil.org.uk/guidelines/strangulation-or-suffocation-racially-or-religiously-aggravated-strangulation-or-suffocation/
As with all the guidelines it issues, the Council will monitor the operation of this guideline and will evaluate its effect after it has been in force for a period of time to allow sufficient evidence to be gathered and analysed.
Asked by: Maria Eagle (Labour - Liverpool Garston)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps his Department is taking to ensure that reasonable adjustments are made by His Majesty's Courts and Tribunals Service.
Answered by Mike Freer
HM Courts & Tribunals Service (HMCTS) provides reasonable adjustments for court and tribunal users with disabilities, in accordance with its legal duty under the Equality Act 2010, to help them access information and services. HMCTS also has a wider duty to avoid treating people less favourably because of a disability to meet its wider Public Sector Equality Duty. HMCTS encourages court and tribunal users to get in touch before a hearing to discuss any particular adjustments they may need. Information about HMCTS providing reasonable adjustments is available on GOV.UK at www.gov.uk/government/organisations/hm-courts-and-tribunals-service/about/equality-and-diversity.
HMCTS has mandatory Reasonable Adjustment learning for staff to help them understand what reasonable adjustments are and how the agency should put them in place to support court and tribunal users with disabilities.
As part of the HMCTS Reform Programme, HMCTS is improving how reasonable adjustments are requested and managed within Civil, Family and Tribunals jurisdictions. This will include proactively asking service users for their support needs within their journey, and improvements to case management systems to make it easier for its staff to manage and deliver the adjustments.
HMCTS does record requests for reasonable adjustments. Requests from court and tribunal users across all jurisdictions are manually logged and recorded on OPTIC which is the HMCTS incident and feedback recording system.
Asked by: Maria Eagle (Labour - Liverpool Garston)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps his Department is taking to simplify the process for people seeking reasonable adjustments in His Majesty's Courts and Tribunals Service settings.
Answered by Mike Freer
HM Courts & Tribunals Service (HMCTS) provides reasonable adjustments for court and tribunal users with disabilities, in accordance with its legal duty under the Equality Act 2010, to help them access information and services. HMCTS also has a wider duty to avoid treating people less favourably because of a disability to meet its wider Public Sector Equality Duty. HMCTS encourages court and tribunal users to get in touch before a hearing to discuss any particular adjustments they may need. Information about HMCTS providing reasonable adjustments is available on GOV.UK at www.gov.uk/government/organisations/hm-courts-and-tribunals-service/about/equality-and-diversity.
HMCTS has mandatory Reasonable Adjustment learning for staff to help them understand what reasonable adjustments are and how the agency should put them in place to support court and tribunal users with disabilities.
As part of the HMCTS Reform Programme, HMCTS is improving how reasonable adjustments are requested and managed within Civil, Family and Tribunals jurisdictions. This will include proactively asking service users for their support needs within their journey, and improvements to case management systems to make it easier for its staff to manage and deliver the adjustments.
HMCTS does record requests for reasonable adjustments. Requests from court and tribunal users across all jurisdictions are manually logged and recorded on OPTIC which is the HMCTS incident and feedback recording system.
Asked by: Maria Eagle (Labour - Liverpool Garston)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether his Department takes steps to record requests for reasonable adjustments.
Answered by Mike Freer
HM Courts & Tribunals Service (HMCTS) provides reasonable adjustments for court and tribunal users with disabilities, in accordance with its legal duty under the Equality Act 2010, to help them access information and services. HMCTS also has a wider duty to avoid treating people less favourably because of a disability to meet its wider Public Sector Equality Duty. HMCTS encourages court and tribunal users to get in touch before a hearing to discuss any particular adjustments they may need. Information about HMCTS providing reasonable adjustments is available on GOV.UK at www.gov.uk/government/organisations/hm-courts-and-tribunals-service/about/equality-and-diversity.
HMCTS has mandatory Reasonable Adjustment learning for staff to help them understand what reasonable adjustments are and how the agency should put them in place to support court and tribunal users with disabilities.
As part of the HMCTS Reform Programme, HMCTS is improving how reasonable adjustments are requested and managed within Civil, Family and Tribunals jurisdictions. This will include proactively asking service users for their support needs within their journey, and improvements to case management systems to make it easier for its staff to manage and deliver the adjustments.
HMCTS does record requests for reasonable adjustments. Requests from court and tribunal users across all jurisdictions are manually logged and recorded on OPTIC which is the HMCTS incident and feedback recording system.
Asked by: Maria Eagle (Labour - Liverpool Garston)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps he is taking to ensure that the special category level of personal data held by his Department is protected.
Answered by Mike Freer
The Ministry of Justice (MoJ) takes its data protection responsibilities very seriously. The Department has a well-resourced and knowledgeable Data Protection Team led by an experienced and certified Data Protection Officer (DPO). We have a departmental data protection strategy providing a framework which enables the lawful use of personal data.
The Department delivers regular training which is bespoke to roles which involve the processing of personal information, including special category data. All staff are required to undertake information handling training. The Department has a policy governance framework in place and conducts regular audits to check that our policies and procedures are effective.
The Department continues to foster a culture which promotes good data protection and security principles. The Data Protection Team also works with the Cross Government Data Protection Committee to share learning, best practice and recommendations. This approach has been endorsed by the Information Commissioner’s Office (ICO).
The department has a range of security policies, standards, and guidance material which staff, contractors and suppliers are obliged to follow. These define the security requirements that systems which process MoJ information, including special category information, must include to ensure it is properly protected at all times.