Baroness Brinton (LD)

My Lords, on behalf of these Benches, I have relaid the amendment on the victim’s right to review in the event of discontinuance of proceedings. Amendment 23 would extend the period that a case can be discontinued in the Crown Court to bring it in line with the magistrates’ courts. This would mean that the CPS could discontinue a case at the Crown Court, with the option to reopen it following a successful victim right to review application, if it concludes that it made an error in stopping the prosecution. I was grateful for the Minister’s response in Committee, when she explained that this amendment would mean wide-ranging implications for both victims and defendants. I have relaid it because I hope that she will be able to clarify the timescale for the Government’s response to Sir Brian Leveson’s important report on wider court reforms and improving efficiency. Perhaps even more importantly, will this issue of a victim’s right to review be, at the very least, included in discussions in the MoJ in the context of Sir Brian’s report and the wider court reforms? While appreciating that all of this may take time, there is a pressing and unequal arrangement at the moment. We will, I suspect, continue to lay amendments on this and to question Ministers in the future. My noble friend Lord Marks has supported Amendment 20 on private prosecutions, from the noble and learned Lord, Lord Keen. As he said, we will support the Conservatives if they should choose to divide on it. Amendment 29, laid by the noble and learned Lord, Lord Keen of Elie, would create exemptions to the early release scheme for sex offenders and domestic abusers. In Committee, the Minister referred to enhanced supervision when offenders of sexual crimes are released—that is, the use of tags and bail conditions that can impose wide restrictions on an offender visiting or travelling in areas that pose risk for the victims. That is as it should be. However, the proposers of this amendment say that it has not been working well in recent years—I have to say that includes when they were in power. If that is the case, can the Minister tell me how we can then protect victims from their offenders? I want to ask whether those convicted of stalking and coercive control would be included in the category in Amendment 29, given that they are now included in the appendix of relevant serious crimes covered in the victims’ code and are exempt from automatic release after recall, such as breach of a protective order. Having asked these questions, we are minded to support the noble and learned Lord, Lord Keen, if he should decide to test the opinion of the House in due course.