Alex Davies-Jones MP: speeches

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Speeches

19 Jun 2025 · Victims and Courts Bill (Fourth sitting) · Hansard source
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I am confident that there will certainly be more opportunities, given, as I have said, the nature of the issues facing the Ministry of Justice and the need for the Government to act to correct some of the difficulties and problems that we inherited. This Government are getting on with action to clean up the mess in our prisons, to reduce the criminal cases backlog and, through this Bill, to ensure that victims’ rights are heard. We are not sitting on our hands and waiting for appropriate vehicles; we are getting on with the job, and that is exactly what we are doing today. Question put and agreed to. Clause 10 accordingly ordered to stand part of the Bill. Ordered, That further consideration be now adjourned. — (Samantha Dixon.)
19 Jun 2025 · Victims and Courts Bill (Fourth sitting) · Hansard source
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I am happy to clarify that the powers in the Bill that we are extending to the Victims’ Commissioner to allow that measure to take place will bring them in line with other commissioners, such as the Domestic Abuse Commissioner and the Children’s Commissioner, which do those functions and operate well across different agencies. Therefore, it is just a matter of replicating the powers of the Children’s and the Domestic Abuse Commissioners, and how they work in those other jurisdictions. I take that on board. Question put and agreed to . Clause 6 accordingly ordered to stand part of the Bill . Clause 7 Duty to co-operate with Commissioner: anti-social behaviour Question proposed, That the clause stand part of the Bill.
19 Jun 2025 · Victims and Courts Bill (Fourth sitting) · Hansard source
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The next three clauses of the Bill, clauses 6 to 8, pertain to increasing the powers of the Victims’ Commissioner. In 2024, the passage of the Victims and Prisoners Act strengthened the role of the Victims’ Commissioner. Among other measures, it placed a duty on relevant bodies to co-operate with the Commissioner’s requests and respond to their recommendations. The Government’s manifesto committed to build on those powers, providing the Victims’ Commissioner with the full suite of tools to drive systemic change. These clauses deliver on that manifesto commitment. I take this opportunity to thank the Victims’ Commissioner, Baroness Newlove, for her engagement on these clauses and on the vital work she does every single day to support victims and witnesses. The Victims’ Commissioner’s role is fundamental to appropriate scrutiny of, and accountability for, the systems that support victims and of the criminal justice system. The clauses on the Victims’ Commissioner empower the commissioner better to hold the system to account. They are an important step towards building victims’ confidence in the system and rebuilding their trust. They will ensure that victims’ voices are heard and that the system that supports victims of crime and of antisocial behaviour are held to the same standards, and are effectively and thoroughly scrutinised. Clause 6 bolsters the Victims’ Commissioner’s ability to promote the interests of victims and witnesses by giving them a legislative foundation to act on individual cases, which expose systemic failure. Individuals’ lived experiences offer invaluable insights into how the system delivers for victims. Existing legislation lacks clarity on the extent to which the commissioner can act explicitly within the parameters of her existing functions in those individual cases. The clause makes it clear that the Victims’ Commissioner can choose to act on individual cases and where such cases raise public policy issues. That will promote the interests of other victims and witnesses who may face similar systemic problems. In practical terms, therefore, if the commissioner identifies an issue or a failure—such as a policy not being followed, or the absence of a relevant policy—that may have wider implications for other victims, she may request information from the relevant agencies. That could include an explanation of what went wrong and the steps being taken to address that, and recommendations on how improvements can be made across the system. To achieve that, the element of the legislative bar preventing the commissioner’s involvement in individual cases will be amended. Other elements of the bar will remain the same, including the preservation of the existing restrictions on the commissioner interfering with certain proceedings and with prosecutorial or judicial functions. The clause will enable the Victims’ Commissioner better to promote the interests of victims and witnesses on the issues that impact on them directly.
19 Jun 2025 · Victims and Courts Bill (Fourth sitting) · Hansard source
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On the wider concerns about private prosecutions, the shadow Minister will have heard me say that we will shortly be publishing our response to the consultation that this Government carried out. We recognise that there is more to do in this area, and we will act if the recommendations suggest that we should do so. He will also know that, sadly, this Government inherited a justice system in absolute chaos, which has resulted in us having to bring forward a number of urgent reviews, including into sentencing and court backlogs, and a number of legislative vehicles. I guarantee that there will be ample opportunity for us to legislate on these issues during this parliamentary Session should that be deemed appropriate given their nature.
19 Jun 2025 · Victims and Courts Bill (Fourth sitting) · Hansard source
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I will happily reassure the Committee that the measures will not reduce professional standards in any way. As I have said, they will simply remove unnecessary barriers that prevent qualified individuals from becoming Crown prosecutors. We are all aware, sadly, of the issues with backlogs in our Crown courts and cases waiting a long time to get to trial. Part of the reason for that is recruitment challenges in the CPS. I respectfully challenge the comments from the previous DPP. The measures are not a cost-cutting exercise. They are about ensuring that we have the broadest level of talent while maintaining the highest professional standards, so that more victims see justice and more perpetrators are held to account for their crimes. Amendment 1 agreed to. Amendments made: 2, in clause 9, page 11, line 5, after “subsection (3)” insert “who does not have a general qualification (within the meaning given by section 71 of the Courts and Legal Services Act 1990)”. See the explanatory statement for Amendment 1. Amendment 3, in clause 9, page 11, line 11, leave out “persons designated for the purposes of subsection (3)” and insert “such a person”. See the explanatory statement for Amendment 1. Amendment 4, in clause 9, page 11, line 19, after “omit ’” insert “but”. This amendment updates the text to be omitted from section 5(1) of the Prosecution of Offences Act 1985 so that the provision reads correctly in light of the amendment to that provision currently included in the Bill. Amendment 5, in clause 9, page 11, line 22, leave out “persons” and insert “a person”. See the explanatory statement for Amendment 1. Amendment 6, in clause 9, page 11, line 23, after “subsection (1)” insert “who does not have a general qualification (within the meaning given by section 71 of the Courts and Legal Services Act 1990)”. See the explanatory statement for Amendment 1. Amendment 7, in clause 9, page 11, line 29, leave out “persons appointed under subsection (1)” and insert “such a person”.— (Alex Davies-Jones.) See the explanatory statement for Amendment 1. Clause 9, as amended, ordered to stand part of the Bill. Clause 10 Private prosecutions: regulations about costs payable out of central funds Question proposed, That the clause stand part of the Bill.
19 Jun 2025 · Victims and Courts Bill (Fourth sitting) · Hansard source
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I beg to move amendment 1, in clause 9, page 11, line 4, leave out “persons” and insert “a person”. This amendment and Amendments 2 to 7 ensure that exemptions conferred by sections 1 and 5 of the Prosecution of Offences Act 1985 remain available to persons with rights of audience in relation to certain proceedings in the Senior Courts and all proceedings in the county court and magistrates’ court.
19 Jun 2025 · Victims and Courts Bill (Fourth sitting) · Hansard source
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I am happy to reassure the hon. Member on that point. These provisions have been drafted in consultation with colleagues, including from HMPPS, to ensure that we have the necessary resources. He will know that we have provided additional funding for the new helpline, and for the additional resources required to expand the victim contact scheme. That is all laid out in the economic impact assessment of the legislation. We will, of course, keep it under review to ensure that adequate resources are available to support victims, and give them the communication that they require.
19 Jun 2025 · Victims and Courts Bill (Fourth sitting) · Hansard source
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The amendment seeks to insert a requirement for the family court to consider every prohibited steps order made under clause 3. The shadow Minister’s intention in moving the amendment is noble. However, the Government must ensure that we are acting in the best interests of all children, and there are several reasons why this amendment cannot be accepted. First, we must protect the children and families in these horrific circumstances from unnecessary procedural burdens, particularly when there is no challenge to an order by the parties involved. Under clause 3, the prohibited steps order will have been made because an offender has been convicted of serious child sexual abuse offences against a child for whom they hold parental responsibility. For the child, that means that the very person who was supposed to protect them has committed some of the most heinous acts of abuse against them. In such cases, we believe it is right that a prohibited steps order is made automatically, and that it would not be in the best interests of the child or their siblings for their abuser to continue exercising parental responsibility. However, we have provided flexibility for cases to be considered by the family court, where there is an application to do so. This amendment would require the victim and their family to go through another set of potentially traumatic legal proceedings after the criminal case has concluded. This would prevent them from moving on with their lives, and we do not want to put that burden on victims and their families at what will already be an incredibly difficult time. We think it is right that, instead of mandating further consideration in the family court, the offender and others should apply to the family court to vary or discharge an order. Furthermore, we must consider the impact this amendment would have on other, unconnected children already involved in family court proceedings. The family court makes difficult decisions about some of the most vulnerable children in our society every single day. This amendment would increase the caseload in the family court and would undoubtedly impact on the time it takes to resolve cases. Every member of this Committee will have constituency casework involving the family court, and we do not wish to add to its caseload. It is important that the family court can resolve cases as quickly as possible, and the Government do not want to add to the volume of cases in the system, unless it is absolutely necessary. Finally, the amendment has inconsistencies that would create difficulties in its application. It maintains the definition of “local authority” as the relevant local authority at the time the verdict of acquittal is entered or the sentence is reduced. As drafted, the amendment leaves open questions as to who the relevant local authority is in cases where no appeal has been made. This would place an additional burden on the Crown court to ascertain who the relevant local authority is and would risk the measure being applied inconsistently. The good intentions behind this amendment are clear. We all want to ensure that children and their welfare are protected. However, this amendment is not the way to do that. For the reasons I have outlined, we do not think that mandating a family court review is the right approach in these cases, and I urge the shadow Minister to withdraw the amendment.
19 Jun 2025 · Victims and Courts Bill (Fourth sitting) · Hansard source
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I am grateful for the shadow Minister’s questions. He will know that MHCLG already has a legal duty to respond to recommendations in the commissioner’s reports when relating to some of these measures, so it will feed into that more systemically as a result of these new powers. This Government are not legislating in a vacuum; the new powers in this Bill sit alongside and complement the new measures in the Crime and Policing Bill currently before the House, particularly the duty to create the new antisocial behaviour case reviews. It is really important that we do not legislate in a vacuum. That is something that has been done previously, but this Government are taking a different approach, looking at how we can tackle issues across Government. We have made these Bills complementary because, in order to solve these problems, we have to do things together across Government and across different agencies. That is why colleagues across Government and from different Departments, including MHCLG and the Home Office, have been carefully involved in the creation of these new powers. Question put and agreed to. Clause 7 accordingly ordered to stand part of the Bill. Clause 8 Duty of Commissioner to report on compliance with victims code Question proposed, That the clause stand part of the Bill.
19 Jun 2025 · Victims and Courts Bill (Fourth sitting) · Hansard source
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The clause places a duty on local authorities and social housing providers, where they are engaged with victims of antisocial behaviour, to co-operate with the Victims’ Commissioner. Antisocial behaviour is more than merely a nuisance. It can erode personal freedom, harm mental wellbeing and, ultimately, shatter the feeling of safety and belonging that defines a home. Antisocial behaviour is not, however, always a criminal justice issue. Local authorities and social housing providers often play a key role in supporting victims and in finding a resolution. The Victims and Prisoners Act 2024 introduced a duty for certain criminal justice agencies responsible for providing those victims code services to co-operate with the Victims’ Commissioner. That duty does not apply to local authorities or social housing providers, so there is a gap in terms of ensuring that the commissioner has the tools to do their job effectively for victims of antisocial behaviour. This duty will close that gap and ensure that the commissioner is able to access the right information to identify the systemic issues, make more informed recommendations and scrutinise how the system as a whole responds to antisocial behaviour from a victim’s perspective.
19 Jun 2025 · Victims and Courts Bill (Fourth sitting) · Hansard source
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They are included.
19 Jun 2025 · Victims and Courts Bill (Fourth sitting) · Hansard source
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We have already debated these clauses at length. I do not wish to labour the Committee or subject it to my voice any longer than necessary. The spirit of the clauses has been debated on the record. Question put and agreed to. Clause 3 accordingly ordered to stand part of the Bill. Schedule 1 agreed to. Clause 4 ordered to stand part of the Bill. Clause 5 Victims’ rights to make representations and receive information etc Question proposed, That the clause stand part of the Bill.
19 Jun 2025 · Victims and Courts Bill (Third sitting) · Hansard source
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I thank my hon. Friend for that powerful speech. I place on the record my thanks to her and her constituents for all of the brilliant work that they have done in ensuring this measure becomes law, and to ensure that no other families have to face what her constituents and, sadly, many other families have had to face. I will speak to both clauses 1 and 2 at the same time, as they are very much linked. In recent years, as we have heard, several murderers—most recently Lucy Letby and Kyle Clifford—have refused to attend their sentencing hearings. That causes victims’ families significant further distress. It can be seen as a final insult, denying the families the opportunity to see the full administration of justice for their loved ones and allowing offenders to avoid having to hear and confront the consequences of their horrific crimes. The provisions in clause 1 and 2 recognise the impact that such behaviour has on victims and their families in compounding their trauma. Clause 1 inserts proposed new sections 41A and 41B into a new chapter 2A within part 3 of the Sentencing Act 2020. Proposed new section 41A introduces an express statutory power for the Crown court to order an offender to attend their sentencing hearing. It makes clear that an offender who refuses to attend their hearing without reasonable excuse commits a contempt of court, meaning that adult offenders are liable for an additional two years’ custody and/or an unlimited fine, or, in the case of a child offender, a maximum penalty of £2,500. That also applies to offenders who, following an order to attend, commit contempt by misbehaving or disrupting the proceedings and are removed as a result. Proposed new section 41A makes it clear that, for adult offenders, reasonable force, where necessary and proportionate, can be used to give effect to the court’s order to deliver them for their sentencing hearing. The final decision on whether to use reasonable force will remain with the prison and escorting staff. Children will not be subject to reasonable force for this purpose, in line with existing policy. The second part of clause 1, proposed new section 41B, goes further than ever before by introducing a new power for Crown court judges also to impose prison sanctions on any adult offender who is subject to an attendance order and commits a contempt of court by refusing, without reasonable excuse, to attend their sentencing hearing, or who attends, but is removed from the hearing because of their conduct. That can be instead of or alongside any other punishment imposed by the court.
19 Jun 2025 · Victims and Courts Bill (Third sitting) · Hansard source
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I agree that the current situation in the family courts is difficult, and it can be traumatic for parents who are seeking to have a parental order removed. That is why we have taken the measure in the Bill. It is a new approach, through which we seek to remove parental responsibility on automatic conviction in the Crown court. As I said in oral evidence, this is not something we do lightly, but we feel that it is necessary in order to protect offenders’ and perpetrators’ own children from the most serious offences. I am happy to work with the hon. Member for North East Hampshire to consider what further work we can do to reform the family courts. The Department is working closely on that, and we know we need to get it right in order to protect all children from these crimes, whether or not restrictions to parental responsibility are sought via the family courts or automatically, with this measure, in the Crown court. Amendments 18, 24 and 8 seek to expand the circumstances in which the Crown court should make a prohibited steps order to include cases in which the offences were committed against any child. Again, it is important to be clear that child sexual abuse is an abhorrent crime that leaves a lasting impact on victims and their families. Those affected have my deepest sympathies, and it is they who we must have in our minds when we debate the measure. The current provision is carefully targeted. It ensures that automatic restrictions on the exercise of parental responsibility apply only when there is a direct and recognised relationship between the offender and the child victims. Our focus on offenders who have committed a serious child sexual abuse offence against a child for whom they hold parental responsibility is based on a desire to tackle the cases involving child sexual abuse with the highest direct harm to the perpetrator’s children. This is, as I have already said, a novel and untested change to the law, and the response from perpetrators is unpredictable. We know that perpetrators often seek to use the family courts, as we have already heard, to further traumatise victims, and they could therefore seek to appeal the removal of responsibility.
19 Jun 2025 · Victims and Courts Bill (Third sitting) · Hansard source
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We need to be careful on what we deem as noise. If, as we have heard in the Committee’s evidence sessions, an offender is beginning to make the sentencing hearing a spectacle or a circus and that is causing more distress to the victims and their families and preventing the course of justice, the judge will have the power to remove the offender from the court. However, with our new measures, the judge will have the power to impose these sanctions on them in prison, issue the unlimited fine and impose more time in prison. That will still be a measure even if they attend, cause a spectacle and have to be removed. They will be punished, and that will be explained to them if they continue to carry on. I go back to the Armed Forces Act and the effect that these new measures will also have on service courts, because that is important. We need to remember that justice is done in a number of courts in our country and not just in the Crown court. Offenders before service courts who commit a contempt are liable for a fine or 28 days’ service custody—or, alternatively, the offence may be considered by a civilian court for the purposes of contempt of court proceedings. Where an offender is ordered to attend a service court from prison, but fails to do so or—as the hon. Member for Bexhill and Battle said—attends, but is removed from the hearing because of their conduct, they may similarly receive a prison sanctions order. I recognise that these provisions may not guarantee that every offender will attend their sentencing hearing when so ordered or that they will not create a spectacle during the sentencing hearing. However, these measures reinforce the expectation that offenders should attend their sentencing hearing and behave appropriately. We need to ensure that justice is seen to be done by victims, their families and the wider public, to create trust in our justice system. The measures will ensure that offenders are appropriately punished for failing to do that. Judges will retain the discretion to make decisions based on the facts of the case in front of them. I therefore urge that clauses 1 and 2 stand part of the Bill. Question put and agreed to . Clause 1 accordingly ordered to stand part of the Bill. Clause 2 Power to compel attendance at sentencing hearing: armed forces Amendment proposed : 14, in clause 2, page 4, line 11, at end insert— “(3A) If the court is minded not to make an order under subsection (2), the court has a duty to consult the victim and their family if they are deceased.”— (Dr Mullan.) Question put, That the amendment be made.
19 Jun 2025 · Victims and Courts Bill (Third sitting) · Hansard source
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I implore the hon. Gentleman, in his efforts to ensure that offenders face families and justice, to explain why none of the additional measures that he proposes were in the previous Government’s Bill.
19 Jun 2025 · Victims and Courts Bill (Third sitting) · Hansard source
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It is important to note that a line does need to be drawn, as the hon. Member has recognised; there does have to be a balance. In the previous Government’s version of the Bill, there was a different threshold, which was child rape of any child. We have changed that.; in this version, the measure is any child sexual offence where there is four years or more in custody, but only of the offender’s own child. As a Government, we have determined that as the necessary threshold. That is different from the previous Government’s threshold, which was only child rape. I think that recognises the difficulty in drawing a balance here. We need to take a more limited approach for the time being, especially initially, to ensure that, as I have already said, the family court is not overwhelmed by endless appeals from perpetrators causing even more traumatisation to victims, and especially children. This is essential so that other victims and families with cases in the family court are not detrimentally impacted. Our intention with clause 3 is to tackle the cases with the highest direct harm to the perpetrator’s children. That is why we have chosen to focus the measure in the way that we have. It is important that we properly understand the impact any additional family court proceedings will have on the children and families involved. The cohort in scope of this measure is at the highest risk of immediate harm from the perpetrator, which is why we have chosen to focus on that cohort. This does not prevent an application being made to the family court for parental responsibility to be restricted in other circumstances, as is already available. Amendment 8 suggests using the Crown court to gather evidence on the best interests of the child and the level of risk the offender poses to the child. Doing so would place a significant new burden on the criminal court, meaning less capacity to hear criminal cases and even longer waiting times for those seeking justice. The proper forum for that consideration to happen is the family court, where the judge can hear from all relevant professionals and have access to any necessary reports before making a decision that will always be based on the best interests of the children involved. We are already going further than the previous Government did with their Criminal Justice Bill. Those proposals were limited to child rape; our measure includes not only child rape, but a broader range of child sexual offences. Most important of all, the previous Government talked of change, but failed to deliver. We will deliver this change to protect children. We all have a huge amount of sympathy for families in these circumstances, and I want to do all we can to support them in getting the right outcome for their children. New clause 13, tabled by the hon. Member for Bromsgrove, seeks to expand the instances where the Crown court will be under a duty to restrict the exercise of a perpetrator’s parental responsibility at the point they are sentenced to 10 years or more for a serious sexual offence or violent offence committed against someone with whom they share parental responsibility for the child. I reassure the hon. Member that there are already clear powers in the family court to restrict parental responsibility where it would be in the best interests of the children involved. If a parent or other interested party wishes to make an application, they can do so. Where relevant, the family court is able to and will remove parental responsibility or restrict it to the point that it cannot be exercised in any meaningful way. The existing law is clear that in every case, the court’s paramount consideration must be what will be in the best interests of the child. We cannot rule out that sometimes it may not be in the child’s best interests for parental responsibility to be removed or restricted, particularly where the child is not the direct victim of the offence. However, as the Lord Chancellor and I have said, we look forward to working constructively across the House on this measure. While we cannot support new clause 13, we remain committed to ensuring that the law robustly protects children. I reassure hon. Members that the Government will continue to work to strike the right balance on this issue. For the reasons I have outlined, I urge hon. Members to withdraw their amendments so that we can continue to develop this important legislation in a way that is principled and practical and gets the balance right for children.
19 Jun 2025 · Victims and Courts Bill (Third sitting) · Hansard source
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Amendments 15 and 16 would change the circumstances in which force may be used to bring an offender to court. They would effectively extend those circumstances to situations in which disproportionate—but not grossly disproportionate—force is required to secure attendance. Based on the debate we have had, it might be beneficial if I explain how the system currently works. The use of force by prison officers is currently justified, and therefore lawful, only if it is necessary, reasonable and proportionate. We are quite deliberately legislating to permit the use of lawful force, which is a test that is well understood and used throughout the criminal justice system. I remind hon. Members that the previous Government used the same test in their attempt to get this measure passed. Prison and prisoner escort staff are trained to employ the lawful use of force and are experienced in making judgments about the circumstances in which the use of force is necessary, reasonable and proportionate. They are also trained in the use of existing approved techniques for moving reluctant or resistant prisoners safely around the prison and court estate. In recent cases, such as that of Nicholas Prosper, we have seen how they effectively employ the same techniques to restrain offenders and bring them to court to hear justice being done. Clearly defined boundaries for the use of force, which are well understood by custody officers, ensure that escorting staff are not subject to unreasonable or unmitigated risks when bringing offenders to court. Where it is deemed unsafe or unreasonable to use force, prisons will discuss with courts how best to proceed. Where attendance is considered necessary, the court can consider making a direction for the offender to appear via live video link. That option is more manageable for the prison to enforce and minimises the potential for impactful disruption to proceedings, which can, as we have heard, lead to a spectacle in the court. An offender who is deemed too violent or disruptive to attend court in person or by live link would, under these measures, be found in contempt of court and subject to a further prison sentence or other punishment. We are going further than the previous Government and ensuring that, where offenders do not take responsibility and face victims’ families, they are punished. Offenders should not be forced to attend court if it would risk the safety of custody officers or court users, or disrupt proceedings, causing undue distress and further delay to victims and their families. Our measures strike the right balance in requiring that the use of force must be proportionate, reasonable and necessary, ensuring the safety of all court users and minimum disruption to court proceedings. Amendment 23 would give judges the power to order a disruptive offender to be restrained and gagged in court during their sentencing hearing. It would also introduce a duty on the court to consult victims or their families before making a decision to have the offender removed from the hearing instead. The Government appreciate that an offender’s refusal to attend their sentencing hearing, or their disruptive behaviour during that hearing, can cause anger and upset for victims and their families, and we heard that during the evidence sessions. That is why the measures in the Bill reinforce the expectation that offenders should attend their sentencing hearings and behave appropriately in court. They give judges the powers they need to do what is right in each individual case. Decisions on the use of restraints to manage offender behaviour are a matter for prison officers and prison escort staff. They will make decisions about the use of force depending on the circumstances of each individual case. The use of force must be reasonable, necessary and proportionate, and restrained prisoners must be brought to court using approved techniques in our prison system for moving individuals safely. Gagging prisoners is not an approved technique in our prison system and is unlikely to be considered a lawful use of force in these circumstances. Its use may in fact increase the risk of violence or disruption to the point where officers would have no choice but to remove the offender from court. Amendment 23 is therefore unlikely to achieve its intended outcomes. We will not allow offenders to achieve the outcomes they intend of continuing to traumatise victims and families or disrupting proceedings, by not attending court or causing a circus or spectacle. Should a judge deem it necessary, the offender will be removed and the judge can add an additional sanction to punish them properly. Forcing disruptive prisoners to remain in court at any cost would jeopardise officer safety and delay proceedings and could cause unnecessary distress for victims and their families. Is that what the hon. Member for Bexhill and Battle intends with his amendments? They are unlikely to achieve the intended objective of the Bill, which is to ensure that offenders face up to their crimes and hear the impact of their actions on victims and their families. A more productive and realistic approach would be to punish the offender for disobeying the order to attend their hearing and failing to show any respect for victims and their families or the court. The measures in the Bill were produced in consultation with families; they asked for them and we listened. Our measures give judges the option to punish any adult offender who, following an attendance order, becomes disruptive in court and is removed from the hearing, by ordering up to two additional years in prison, an unlimited fine and/or the imposition of numerous potential prison sanctions. I therefore urge the hon. Member for Bexhill and Battle to withdraw his amendment because of the risk of unintended consequences and the prevention of justice for victims and their families.
19 Jun 2025 · Victims and Courts Bill (Third sitting) · Hansard source
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The amendment seeks to amend the process in clause 3 if an offender has been acquitted or had their sentence reduced on appeal. The Bill provides a clear route for considering a prohibited steps order following an appeal that has resulted in an acquittal or a reduction in the offender’s sentence. In such cases, the relevant local authority will be under a duty to bring an application to the family court to consider whether the original order should be upheld, varied or discharged. The drafting of the amendment is deficient and risks creating confusion. It would provide that any prohibited steps order made under proposed new section 10C of the Children Act 1989 would cease to have effect where a person is acquitted, effectively discharging the order. In practice, there would be no order in place to discharge the original prohibited steps order, and therefore no documentary evidence that the order had been discharged. Compounding that, the amendment would retain an obligation for the relevant local authority to make an application to the family court to consider the prohibited steps order, under proposed new section 10D(2), and yet there would be no order for the family court to consider, because it would have ceased to have effect. In short, the amendment would not make sense in practice and would risk creating confusion in a context where clarity is particularly important.
19 Jun 2025 · Victims and Courts Bill (Third sitting) · Hansard source
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It is an honour to serve under your chairship today, Mr Stringer. I thank the shadow Justice Minister for introducing the amendments he tabled, and the Government appreciate his support of the Bill in principle. The amendments would place a statutory duty on judges to consult victims or their families before deciding whether to use their powers under the measures in clauses 1 and 2 to order an offender to attend their sentencing hearing. I want to stress that victims and their families have been at the forefront of this legislation, and clause 1 will help to ensure that their voices and the impact of the crimes they have suffered are heard and understood by the perpetrators. We anticipate that, in making decisions, judges will take into consideration all the circumstances of the case, including the wishes and views of the victims and their families. However, mandating a duty to consult victims risks undermining judicial discretion and the ability of judges to make decisions based on the facts in front of them. Judges will of course consider any representations put to them by the prosecution on behalf of victims and their families, but they must also take into account the safety of prison and court staff, the efficiency and fairness of proceedings and the risks that a disruptive or resistant offender may cause further distress to victims and delays to justice. Retaining judicial discretion in such cases is therefore crucial to ensure that courts can make decisions in the interests of justice, taking into account all the circumstances of the case, including those of victims and their families. I therefore urge the shadow Minister to withdraw the amendment.
19 Jun 2025 · Victims and Courts Bill (Third sitting) · Hansard source
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I will happily answer that point. We are not saying that we would not remove the prohibited steps order; of course there will be a route to remove it. If the offender or alleged perpetrator is then acquitted through the Court of Appeal, there should always be a route to do that, and there will be within 30 days. However, the correct route for doing that is the family court, which will have all the reports available to determine the best interests of that child’s welfare, given everything they have been through, rather than the Crown court, which is not equipped to make that assessment.
19 Jun 2025 · Victims and Courts Bill (Third sitting) · Hansard source
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It is a pleasure to speak to this group of amendments: amendment 8, tabled by my hon. Friend the Member for Lowestoft (Jess Asato); amendments 17 and 18, tabled by the hon. Member for Bexhill and Battle; amendment 24, tabled by the hon. Member for Eastbourne (Josh Babarinde); and new clause 13, tabled by the hon. Member for Bromsgrove. Amendments 17 and 24 seek to remove the four-year custodial threshold for the automatic restriction of the exercise of parental responsibility. The restriction of the exercise of parental responsibility is a serious and far-reaching measure. It must be applied with care and in a manner that is a legally robust, while also protecting the most vulnerable. The requirement for a four-year custodial sentence provides a defined marker of seriousness. This thresholds aligns with existing sentencing frameworks. Section 244ZA and schedule 15 of the Criminal Justice Act 2003 specify a list of serious offences, including child sexual offences, that are considered serious enough to warrant that the offender must serve at least two thirds of their sentence in custody, rather than the standard half when they are sentenced. The amendment would lower this threshold and require the Crown court to make the prohibited steps order when the offender is sentenced for any period of imprisonment or detention. I want to be clear that any offence against a child is unacceptable and one of the most heinous crimes in society. Restricting the exercise of parental responsibility is a serious step and not a decision to be taken lightly. That predetermined marker of seriousness ensures that any order made by the Crown court happens automatically only where the offender has committed serious and grave offences against a child who they are supposed to look after.
19 Jun 2025 · Victims and Courts Bill (Third sitting) · Hansard source
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I agree with that point. It is important that we recognise, as I have stated, that there are other measures to remove a person’s parental responsibility for their own child through the family courts. I stress that this is a novel approach. We need to look at the justice system as a whole; we cannot consider our various courts in isolation. The measure being carried out in the Crown court could make an impact on the delays that exist in the family courts, thanks to the backlog that we inherited from the previous Government. I do not wish to exacerbate that, or to traumatise any other children and families who are going through the family courts, by further increasing that backlog. For that reason, we wish to keep the measure quite small and novel, as it is untested at present; however, once we have seen how it works, there is the possibility perhaps to go further in the future.
19 Jun 2025 · Victims and Courts Bill (Third sitting) · Hansard source
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The hon. Gentleman will know, having been in Government before the election, how Government collective responsibility and consultation with other Government Departments work. The safeguarding Minister and I are responsible for the Government’s strategy on violence against women and girls, which commits to halving it within a decade. Of course, the family courts are playing an integral role in that, and we seek to build on it. I will talk more about that shortly. Where we need to go further, this Government will. We have used the statutory framework because it reflects the Government’s view that the offences are exceptionally serious. It is therefore appropriate that the same threshold be used to determine when an automatic restriction on the exercise of parental responsibility should apply. I understand and appreciate the rationale but, because there are existing processes to seek the restriction of parental responsibility, it is essential that there is a threshold and a clear marker for it to happen automatically.
19 Jun 2025 · Victims and Courts Bill (Third sitting) · Hansard source
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Amendment 25 was tabled by the hon. Member for Eastbourne, for whom I have much respect, and seeks to amend clause 3 to allow the Crown court discretion not to make a prohibited steps order in cases where it considers such an order not to be in the best interests of the child or the non-offending parent. Let me begin by acknowledging the intent behind this amendment. It is of course right that we consider the welfare of children and the rights of non-offending parents in all decisions made by the court. However, the Government cannot support this amendment for several reasons. The clause as drafted already strikes a careful and considered balance between protecting children and respecting judicial oversight. We have included a narrowly defined exemption to allow the Crown court the flexibility not to make a prohibited steps order, which is a section 8 order under the Children Act 1989, where it would not be in the interests of justice to do so. That provision is intended to cover exceptional circumstances where the Crown court does not consider it to be in the interests of justice, which may arise from unusual facts or a case that is particularly complex. It ensures a degree of flexibility without undermining the core safeguarding purpose of the provision in the Bill. The family court is the appropriate forum for determining what would be in the best interests of children and navigating the complexities of individual family circumstances. It is uniquely equipped to consider the full facts of each individual case, drawing on the expertise of all relevant professionals and supported by any necessary reports. That enables the judge to make a fully informed decision, one that is always guided by the paramount principle of the child’s best interests. The Crown court simply is not equipped to carry out that detailed consideration. Legislation already provides a route for family members to bring an application to the family court, so it can consider whether the order should be varied or discharged and whether a more tailored order or other family court orders are required, and ensure that any order is consistent with the best interests of the child or children involved in the individual circumstances. This avenue is still open for families where the Crown court has made an order under the provisions of clause 4. Alongside that existing route into the family court, we are also providing a clear new route in certain circumstances. If the offender is acquitted of the relevant offence, or their sentence is reduced to less than four years—I am grateful for the opportunity to clarify this point, because it was raised when I gave evidence to the Committee—the local authority is under a duty to bring the matter back before the family court. This ensures that decisions remain responsive to the best interests of the child, without compromising the initial safeguarding intent of the judge. The Government are committed to ensuring that the justice system protects children from further harm from such offenders. The provisions in clause 3 are a vital part of that commitment. I also place on record the Government’s commitment to consulting on a new victims’ code, specifically with the intention of addressing concerns, raised by the hon. Member for North East Hampshire, regarding how we can ensure that child victims are at the centre of the justice system. As she has said, for the first time ever, children are considered victims in their own right for crimes such as domestic abuse, in law; but, as we know, in practice that sadly is not the reality for many child victims. Therefore this Government are determined to go further. Under our new consultation on the victims’ code, which we are hoping to launch later this year, we will make it a key focus to ensure that the code works for all victims, with a particular focus on children in mind. I understand the reasons why the hon. Member for Eastbourne has tabled this amendment, but I hope that he and the hon. Member for North East Hampshire are reassured that there are already strong provisions in place to ensure that the family court can consider the interests of the children involved in these types of cases, and their families. As such, I urge the hon. Member to withdraw amendment 25.

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