Andy Slaughter

This Bill builds on the Victims and Prisoners Act 2024, passed by the last Parliament, to improve the experience of victims in the criminal justice system, the functions of the Victims’ Commissioner and, more generally, the administration of criminal justice. Like its predecessor, this Bill is published against the backdrop of significant court backlogs, with victims of crime too often waiting years for their cases to come to court, and with criminal legal aid advocates turning away from the profession. This Government have taken steps to tackle those deep-rooted problems, built up over years by the last Government’s failure to invest in the criminal justice system, but until they are resolved, victims will continue to suffer harm for too long. On 27 March this year, the latest criminal court statistics were published, showing a record high of 74,651 outstanding cases in the Crown court, as at the end of December 2024. Also in March, the Victims’ Commissioner published a report entitled “Justice delayed: The impact of the Crown court backlog on victims, victim services and the criminal justice system”. The report concluded: “With the increased number of victims held in the system because of the backlog, victim services are under increasing pressure which impairs their ability to provide the accessible, high-quality support that victims need.” It called for “The government to explore how victims whose cases are going to trial might be given a single point of contact to improve communication and ensure their Victims’ Code entitlements are delivered… The restoration of an independent Courts’ Inspectorate so that the operation of the Court Service is subject to rigorous independent scrutiny… Providing emergency funding to victim support services to help them cope with increased caseloads arising from the court backlog crisis.” My right hon. Friend the Lord Chancellor wrote to the Select Committee in April, in response to concerns that changes proposed in Sir Brian Leveson’s review would not have a direct impact on delays in the Crown court for a considerable time. My right hon. Friend noted: “The system requires substantial reform, and the department looks forward to receiving the Independent Review of the Criminal Courts’ recommendations on longer-term structural reform options later this spring, followed by recommendations on the efficiency and timeliness of court processes by Autumn.” It is against that challenging background that we debate the Bill today. I welcome the measures in it, and I know that the ministerial team will use the leverage that it gives them to improve the lot of victims in the criminal justice system, but, as in every other aspect of the work of the Ministry of Justice, they have been set a difficult task by past neglect. Let me comment briefly on the main provisions in the Bill. First, it deals with attendance at sentencing hearings. It will give Crown court judges an express statutory power to order the attendance of offenders at their sentencing hearings and to sanction those who refuse to comply with such an order, or who attend but then commit contempt by misbehaving or disrupting the proceedings and are removed as a result. They may receive up to two years’ additional imprisonment and/or the imposition of prison sanctions. Those proposals have been welcomed by advocates for victims and organisations working in the violence against women and girls sector. However, there are some concerns about how these provisions will work in practice and about the implications for judges, court staff, prison officers, prison escort officers and prison governors. Secondly, the Bill deals with restricting parental responsibility. Concerns have been raised that people convicted of serious crimes can retain their parental responsibility unless an application is made to the court to restrict or terminate it. That means, for example, that they can potentially ask for school reports, be consulted on medical issues, and withhold their consent to a child’s going on holiday or being issued with a passport. In last year’s King’s Speech, the Government committed to legislating to restrict parental responsibility for child sex offenders. The new provisions automatically restrict a person’s parental responsibility when they are sentenced to four or more years in prison for a “serious” child sexual abuse offence against a child for whom they hold parental responsibility. This means that instead of the non-offending parent or carer having to drive the process, the offender’s parental responsibility will be automatically restricted at the point when they are sentenced. Thirdly, I will discuss victims’ rights. The Bill will: update the Domestic Violence, Crime and Victims Act 2004 to expand the eligibility criteria to victims of more offences, who will then be covered by the victim contact scheme; create a victims helpline for some victims who are not covered by the scheme; expand the definition of “victim” for the purposes of the scheme; and ensure greater consistency for victims of offenders who are subject to a hospital order. Fourthly, I will address the powers of the Victims’ Commissioner. In their manifesto, the Government committed to increasing the power of the Victims’ Commissioner. The Bill achieves that by allowing the Victims’ Commissioner to exercise their functions in individual cases that raise public policy issues, placing a duty on local authorities and social housing providers to co-operate with the commissioner for the purposes of supporting victims and witnesses of antisocial behaviour, and empowering the commissioner to report independently on the victims’ code. Fifthly, I will speak to prosecutions. The Bill seeks to increase the flexibility of the director of public prosecutions in appointing Crown prosecutors. It will remove the legislative barrier that is preventing CILEX lawyers, who have specialist qualifications and more limited rights of audience, from becoming Crown prosecutors. Sixthly, I will discuss the cost of private prosecutions. In June 2020, the Justice Committee launched an inquiry into the fairness of private prosecutions and the need for procedural safeguards, following a request from the Criminal Cases Review Commission that arose from the Horizon scandal. The Committee recommended that the Government should “urgently review funding arrangements for private prosecutions in order to address the inequality of access” and “ensure a fair balance between the prosecutor and the defendant”. In March 2021 the then Government accepted the Committee’s conclusions and agreed that “costs recoverable from central funds by a private prosecutor should be limited in the same way that costs so recoverable by an acquitted defendant already are, by being capped at legal aid rates.” They said that this would require amendments to the existing legislation, and I am pleased that, through clause 10, the Lord Chancellor is able to make regulations to achieve that aim. Finally, the Bill introduces greater flexibility into the unduly lenient sentence scheme, as requested by, among others, the Victims’ Commissioner for London. There are other technical changes in the Bill, but those are the major proposals and I welcome them all. In aggregate, they both assist victims in their progress through the criminal justice system and reform that system to make it more consistent and user-friendly. The Bill is not a panacea for the troubles afflicting the criminal courts—that will require more radical root-and-branch reform, and for that we await the findings of the independent review—but it is a step along the road towards a fairer and more humane criminal justice system for victims.