Contribution
My Lords, I will speak in support of Amendment 41, tabled by the noble Baroness, Lady Brinton, and Amendment 73 in my name. Both these amendments are designed to strengthen victims’ engagement with the justice system by enhancing access to, and the availability of, transcripts of important court decisions.
We give full and unequivocal support to Amendment 41. This is a broader right than the one we were able to secure during the passage of the Sentencing Bill, where our amendments sought to ensure victims’ access to transcripts of sentencing remarks. Initially, that amendment was opposed by the Government, who argued that embedding a statutory duty for universal access and universal publication would create significant operational and resource pressures and risk increasing judicial workload.
The importance of these amendments has been further underscored by the report—released, I believe, today—that the Ministry of Justice has instructed the deletion of a substantial archive of court records held by Courtsdesk: data analysis that supports journalists and civil society in scrutinising the justice system. That archive has long been relied on to track sentencing outcomes and judicial decisions. Its removal has understandably raised concerns about the future accessibility of court information and the practical operation of open justice.
In that context, the case for clear, structured and victim-centred access to sentencing information becomes even more compelling. If independent archives and informal routes to transparency are diminishing, it is all the more important that Parliament ensures that formal mechanisms exist to guarantee access to core judicial material, particularly for victims whose lives are directly affected by these decisions.
In previous debates, Ministers made it clear that they supported the principle of transparency and of victim access to sentencing remarks. Sentencing remarks can already be published in high-profile cases but the Government maintained that expanding those limited provisions into a broad statutory requirement, as initially tabled, was not necessary to achieve the objective of openness and could impose burdens that the current system was not equipped to bear. We therefore tabled a more diluted version of our amendment to extend free provision of Crown Court sentencing transcripts to victims who request them.
The importance of this measure cannot, in my view, be overstated. Sentencing remarks explain the judge’s reasoning as well as the factors taken into account when outlining legal judgment behind a sentence. For victims and their families, this explanation is essential to understanding why justice has been administered in the way it has and becomes particularly important in the context of, for example, unduly lenient sentence appeals.
Amendment 73 complements the amendment passed in the Sentencing Bill, now the Sentencing Act, by addressing the publication of sentencing remarks online. It would require that, when a request is made for sentencing remarks delivered in the Crown Court, those remarks are made available publicly online within 14 days, subject to an important safeguard. The court must first inform the applicant of their right to request that the remarks not be published and, if such a request is made, the remarks must not be published.
This opt-out mechanism is a proportionate and indeed pragmatic response to government concerns that prevented broad publication being adopted previously. Ministers explained that, while they supported the principle of transparency, they could not accept a universal statutory obligation to publish all sentencing remarks, citing the risk of significant workload increases and resource pressures on an already stretched judiciary and courts system. By allowing individuals to choose not to have their own remarks published, this amendment preserves transparency for the public while safeguarding privacy and individual choice and reducing operational risk.
We stand in favour of open justice: the principle that justice must not only be done but be seen to be done. When victims and the wider public can access the reasoning behind sentencing decisions, confidence in the rule of law and in the integrity of judicial decision-making is strengthened. A criminal justice system that is opaque risks undermining the very legitimacy that it seeks to uphold. If victims cannot see the reasoning behind the rulings that affect their lives, they and the public will struggle to have confidence that justice has actually been done. When sentences are handed down with discretion and complexity, the need for transparency is greater, not less. For these reasons, we support Amendment 41 and look forward to the Minister’s response to Amendment 73.