Court Transcript Costs

Mike Freer Excerpts

Thursday 16th November 2023 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Mike Freer)]

I congratulate the hon. Member for Richmond Park (Sarah Olney) on securing this important debate.

The principle that justice must be open and transparent goes to the very heart of our justice system. Upholding this principle is paramount to securing the trust and confidence of victims, whose experiences are central to the way our society thinks about and responds to crime—we are as like minds on that. I am sorry to hear about the experience of the hon. Lady’s constituent, Ms Juliana Terlizzi, as she sought to obtain a trial transcript as the victim of a horrific crime.

I recognise that there may be many reasons why victims may find a court transcript helpful in the aftermath of lengthy and sometimes complex criminal court proceedings. In cases where victims do not attend the trial, they may seek to understand the verdict and how it was reached. Even in cases where a victim attends the trial, myriad factors may exacerbate the difficulties they experience in following court proceedings, including having to face the defendant and the defendant’s family, which can be particularly difficult for victims whose first language is not English.

The ability to access transcripts from court proceedings is an essential part of maintaining transparency and accountability within the system. That is why we have provided the required technology to the Crown courts to enable transcription of different parts of the hearing from the recordings made in all proceedings. Understandably, a cost is attached to transcribing what could be weeks’ worth of audio, which will vary depending on the length of the trial. Transcription companies calculate the costs on a case-by-case basis depending on a variety of factors, such as the size of the transcript, whether it is a copy or a new version being requested, and how quickly the transcript is required.

Preparing a court transcript is currently a manual process whereby transcription companies listen to audio files to transcribe the hearings. Although AI technology is available, the most recent pilots to test voice-to-text technology do not demonstrate sufficient accuracy—an element that is crucial where criminal trial records are concerned. Taken together, producing a full trial transcript, depending on its size, can cost in the region of thousands of pounds, as the hon. Lady pointed out.

I appreciate the concerns around the charges quoted for trial transcripts. However, the call to provide transcripts free of charge to victims in all cases involves significant financial implications to the taxpayer, which requires careful analysis. It is also important to recognise that subsidising the cost of full trial transcripts using public funds risks diverting those resources away from other avenues to improve victims’ services and outcomes.

The Ministry of Justice has been working to make court records, such as transcripts, judgments and judicial sentencing remarks, increasingly accessible, including through more of them being published online. I reassure the hon. Lady that we are carefully considering the issues that she raises as part of that work. We are committed to ensuring that victims are supported at every juncture of the criminal justice system. That is why we introduced the Victims and Prisoners Bill, which continues its passage through Parliament. The Bill will enshrine in primary legislation the overarching principles that must be reflected in the victims code, including entitlements for victims to be provided with information about the criminal justice process, as well as access to support services. That package builds on concrete measures that are already making a real difference, including our commitment to the end-to-end rape review, which has already seen us return adult rape cases reaching court to 2016 levels, well ahead of schedule.

I gently point out that it is not true that the Government have abandoned victims. The Government have introduced measures that allow complainants to pre-record their evidence, saving them from having to face their attacker. We stood up a 24/7 rape support line. Victims have the right to court familiarisation visits, to seek a redetermination in the event that the Crown Prosecution Service decides to reduce the charge, and to make a victim personal statement. We will quadruple victim funding by 2024-25, up from £41 million in 2009-10, and we have rolled out more than 800 independent sexual violence advisers.

We have rolled out enhanced support at three Crown courts, in Newcastle, Leeds and Snaresbrook, through the specialist sexual violence support project. We have upgraded technology and facilities, and will continue with trauma-informed training for staff, a case co-ordinator to improve case progress, and giving victims more opportunities to observe sentencing hearings remotely. There is obviously more to be done, but I gently put it on the record that the idea that victims of sexual crime are being abandoned is simply not true.

[Sarah Olney]

I do not think that I ever accused the Government of having abandoned victims, so it is slightly odd that the Minister is rebutting that. However, will he expand slightly on whether victims could be provided directly with oral recordings, instead of having to pay for expensive transcripts that have been created from them?

[Mike Freer]

My understanding is that at present it is possible for victims to visit the court by arrangement to listen to a full audio transcript of the trial, and that the sentencing remarks can be particularly helpful to victims in understanding how the judgment was arrived at. Access to those is a piece of work that we are working on at pace. I accept the point about audio, and I am more than happy to take away whether they can be provided, as a step further than the victim’s having to attend court. That is a fair challenge, which I will happily take away.

The hon. Lady commented on the various reports by the Justice Committee. She will also know that the Department recently conducted a call for evidence on the matter of open justice and asked the public which court records should be published online and made available on request. That exercise is fundamental to ensuring that we continue to uphold the principles of openness and transparency, while looking at ways to modernise the courts to meet people’s expectations. The call for evidence closed in September, and we are currently evaluating the information provided. We will report back on our response early next year.

Alongside the Victims and Prisoners Bill and the call for evidence, I assure the hon. Lady that the Ministry of Justice is working with His Majesty’s Courts and Tribunals Service to identify further opportunities to improve victims’ experiences of the criminal justice system. That includes examining, among other matters, the costs that they incur when obtaining court transcripts. I recognise that she has tabled an amendment to the Bill. She will be able to expand on her arguments, and take the matter up directly with the relevant Bill Minister, when we come to that specific part of the Bill.

I reiterate that victims can apply to the court for permission to listen to the audio recording to hear it at a suitable location, free of charge. It is at judicial discretion, but that is an opportunity for victims to hear the trial. To help with court transcription costs, we have made sure that bereaved family members of victims of homicide and of death by dangerous driving can get a copy of the judicial sentencing remarks—a specific part of the sentencing hearings—paid for by the public purse. In certain serious criminal cases, a copy of the sentencing remarks can be made available, but I do accept that the hon. Lady would like us to go further. As I have said, the call for evidence on openness is being evaluated and I will ensure that her views are taken into account as part of that work.

To conclude, in line with the key principles of open and transparent justice, I recognise how important it is for victims to be able to access the transcript of criminal proceedings. There are existing policies that operate to achieve transparency for victims within the criminal justice system, but I recognise that there remain concerns about the transcription charges. I can assure you, Madam Deputy Speaker, and the hon. Lady that the Government are committed to improving the experience and support that victims receive.

The Ministry of Justice will continue to progress the Victims and Prisoners Bill to put victims’ interests firmly at the heart of the justice system. We will also analyse and use the responses that we have received in the recent call for evidence on the matter of open justice and court records to better inform future policy. Finally, we will continue to identify opportunities to improve victims’ experiences of the criminal justice system, which includes examining the charges that they incur when obtaining court transcripts.

Question put and agreed to.