Asked by: Mark Garnier (Conservative - Wyre Forest)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to section 28 of the Youth Justice and Criminal Justice Act 1999, what steps she is taking to ensure court proceedings in sexual cases are not repeatedly adjourned.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
The Ministry of Justice’s 2025 impact evaluation of section 28 found that, between January 2019 and September 2022, victims were able to give evidence around five months before the trial. Although trials began one month later on average, the analysis was unable to examine the specific factors causing this delay. While section 28 hearings can occasionally affect scheduling – such as requiring a barrister to leave another trial – the evaluation found no discernible effect on the number of trials that are cancelled or rescheduled as a result of the measure.
The progression of a case through the courts is a matter for the judiciary. Listing and case management decisions are made by the judiciary in collaboration with court listing officers, who prioritise cases involving vulnerable witnesses, including those involving serious sexual offences. To support this, HMCTS has introduced measures such as a national forum for listing officers to share best practice.
Asked by: Mark Garnier (Conservative - Wyre Forest)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to Section 28 of the Youth Justice and Criminal Evidence Act 1999, what steps she is taking to ensure that (a) victims and (b) witnesses are supported following their pre-recorded evidence.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
Following the recording of section 28 evidence, victims and witnesses are supported through ongoing contact from Witness Care Units. They are offered access to specialist emotional and practical support services, including counselling where appropriate, to help them manage the impact of their experience. In line with their rights under the Victims’ Code, they also receive clear and timely updates on case progress and outcomes.
The Ministry of Justice provides funding for victim and witness support services, including ringfenced funding for sexual violence and domestic abuse services.
Asked by: Mark Garnier (Conservative - Wyre Forest)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to section 28 of the Youth Justice and Criminal Justice Act 1999, whether she has had discussions with the Parliamentary Under-Secretary of State for Women and Safeguarding on the use of pre-recorded evidence in cases of (a) sexual assault and (b) rape.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
The Minister for Victims and Violence Against Women and Girls regularly meets with the Minister for Safeguarding and Violence Against Women and Girls to discuss shared priorities. These discussions ensure close collaboration across portfolios and a continued focus on improving support for victims throughout the criminal justice process.
Asked by: Mark Garnier (Conservative - Wyre Forest)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if she will have discussions with representatives of the Inquest charity on the potential merits of a national oversight mechanism to follow up on the conclusions of (a) inquests and (b) other official investigations into the deaths of people in (i) police custody, (ii) prison custody, (iii) mental health settings, (iv) disasters and (v) other state-related deaths.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
We are grateful to INQUEST for their proposal on a National Oversight Mechanism, and will be meeting with them, on this and wider issues, as soon as is practicable.