Contribution
My Lords, it is a pleasure to see the Sentencing Bill return to your Lordships’ House for, I hope, the final time. Subject to your Lordships’ agreement, the Bill will have completed all its stages and will shortly become law. That moment will be hugely significant for our prison and probation services. It will put them on a sustainable footing and deliver punishment that works. I am very proud of having played my part in taking the Bill through Parliament. Apart from a brief Bill on the Sentencing Council, this is my first experience of getting a Bill through, and I have been struck by the fantastic teamwork from everyone involved.
I will briefly set out the Government’s rationale for disagreeing with Amendment 7 and tabling our own amendments in lieu. Before I do so, I thank again the noble and learned Lord, Lord Keen of Elie, and the noble Lord, Lord Marks. In keeping with their approach throughout the passage of the Bill, they have engaged constructively and openly. Once again, their interventions have made this a better Bill.
The Government fully supported the intention of Amendment 7: to promote transparency in the courts and improve the experience of victims as they navigate the justice system. We could not accept it as drafted due to the risk that it would significantly increase judicial workload at a time when courts are working intensively to drive down the court backlog. However, I am delighted that we have tabled an amendment in lieu, which expands the provision of Crown Court sentencing transcripts, free of charge, to all victims who request them. This new clause represents an important step forward for victims, ensuring that they are able to request and receive relevant sentencing remarks for free.
Sentencing remarks set out the judge’s reasoning, helping victims to understand how the sentence was reached without having to visit the courtroom—an experience that can be retraumatising for many. This change will embolden victims to look back on their bravery, and to process their experience at their own pace. This clause also delivers a major step forward for transparency more broadly, enabling victims to digest sentencing remarks outside the pressures of a courtroom setting, and free of charge. This is consistent with Sir Brian Leveson’s Independent Review of the Criminal Courts and the 2017 Lammy Review, which sought to shape a more open justice system fit to serve every victim.
The detail on timeframes and processes for providing transcripts will be set out in regulations, but I can confirm to the House that our intention is that the regulations will specify that transcripts will be provided within 14 days of a request being made. This timeframe will support requests under the unduly lenient sentence scheme, which currently allows referrals up to 28 days after sentencing. I also assure the noble and learned Lord, Lord Keen, that we are considering his amendment to the Victims and Courts Bill, which would extend this deadline to 56 days, extremely carefully.
I thank the noble Lord, Lord Marks, and the honourable Member for Chichester in the other place for raising important questions about the definition of “victim” and why it is necessary to allow for exceptions. We are carefully considering the scope of the definition of victim for these purposes, but I assure noble Lords that this clause does not restrict us to a narrow definition. We will ensure that there is as much consistency as possible in the definition of victim for the purpose of the code, and we will specifically consider the circumstances that the honourable Members for Chichester and Bexhill and Battle raised in the other place yesterday, where a victim is personally unable to request sentencing remarks. We have no intention of restricting access in these circumstances.
Further details will be set out in regulations, including any necessary safeguards or limited exceptions. We will ensure that any exceptions are limited, and our intention is that all victims will be able to request and receive their Crown Court sentencing remarks free of charge. But there may be circumstances where exceptions or omissions are necessary; for example, to protect the identity of another victim. I reassure noble Lords that these regulations will be subject to the affirmative procedure, so your Lordships’ House will have the opportunity to scrutinise the regulations carefully.
I can also confirm that an assessment of the previous pilot for free sentencing remarks for rape and serious sexual offence victims is under way. The results will be published shortly. This explores application volumes, costs of provision and any feedback from the courts on the process. It also includes applicant survey feedback, shared by victims or by those applying on their behalf.
This change represents a profound step forward for victims and for transparency in our justice system. For the first time, every victim whose case is heard in the Crown Court will have the right to access, free of charge, a clear explanation of how the sentence was reached. This is a landmark moment for transparency and open justice and a meaningful improvement for victims across the country. I urge all noble Lords to support the Government’s Motion, and I beg to move.