Lord Keen of Elie (Con)

My Lords, Amendment 39 in my name would require the Secretary of State to issue revised guidance on victim personal statements, clarifying what victims may include and ensuring that the courts appropriately disregard prejudicial material. Victim personal statements are a valuable and important part of our criminal justice process. They allow victims to articulate in their own words the impact that a crime has had on them and on their families. This personal element is often deeply cathartic and can provide a sense of agency in a system that victims have described as otherwise procedural and somewhat distant. However, as this Bill was scrutinised in the other place, it became clear that many victims and practitioners find the current approach to personal statements unclear and, in some cases, unnecessarily restrictive. Members spoke of victims feeling that they were sometimes advised to omit heartfelt and deeply personal material from their statements. These omissions were not for any legal reason, but appeared to be due to an overly cautious interpretation of the guidance. There is also a concern that victims do not always understand what is and is not permissible, and that this lack of clarity can undermine their confidence in the entire process. One recurring theme from previous debates is that victims should not be left uncertain about what they can and cannot say, nor should they feel that their legitimate expressions of harm are being suppressed for procedural reasons. At the same time, the amendment acknowledges the equally important principle that personal statements must not be vehicles for “allegations of untried criminal conduct”, or material that is contrary to “statutory limitations on free speech” or due process. It is designed precisely to strike the appropriate balance. It would not remove any existing safeguards. It simply asks the Secretary of State to revisit and clarify the guidance governing the content of personal statements in a way that gives victims clarity and a genuine sense of voice. The amendment would require revised guidance to be issued within six months of the Bill passing. The revised guidance must stipulate that, when making a victim personal statement, the victim should be able to say “anything they wish about the defendant”, so long as it does not go beyond lawful free speech, make untested allegations of new criminal conduct, or contain “disorderly language”. These are sensible and well-established legal boundaries. The amendment also states that the court must disregard any “prejudicial comments made during a victim personal statement”. In practice, this would simply enshrine what is already understood by judges: that victims may express themselves freely, while judges continue to confine themselves to factors that are legally relevant and admissible. Placing this in the Bill would reassure victims that greater freedom of expression in their statements will not be misconstrued as diminishing the fairness of proceedings, or indeed as providing a basis for an appeal. This would not mean that victims would be able to litigate matters that fall outside the scope of the case before the court, nor would it mean that victim personal statements would supplant other evidence or judicial reasoning. It would mean that victims would know where they stand, and that they would not be discouraged from expressing the full impact of their experience simply because the existing guidance is interpreted excessively cautiously. The importance of clarity in this area cannot be overstated. Victims and their families often report that they do not know what is expected of them when making a personal statement, or that they are told they must temper their comments in ways that feel artificial or perhaps insensitive. That undermines public confidence in the system and risks denying victims a meaningful voice at a critical moment in the justice process. This amendment offers a proportionate way forward. It respects judicial integrity and would preserve the lawful limits on personal statements. At the same time, it would provide victims with the clarity and the dignity that they deserve. It would ensure that they can say what they need to say without fear that well-meaning but over cautious guidance may curtail their voice. I present the amendment in a constructive spirit. I look forward to the Minister outlining how the Government believe that the current guidance is operating—whether it achieves its objectives, and whether there is an appetite for revision that reflects victims’ legitimate expectations—and speaking to the points raised by Members on both sides of the House and in the other place. I beg to move.