Victims and Courts Bill

Commons Reasons

Motion A

That this House do not insist on its Amendment 1, to which the Commons have disagreed for their Reason 1A.

1A: Because this Amendment would impose undue pressure on the resources of His Majesty’s Courts and Tribunals Service and the Judicial Office.

My Lords, in moving Motion A, I shall speak also to Motions B, B1, C, and C1. This group concerns amendments made in this House relating to access to court transcripts, and homicide abroad. In relation to each, I shall set out why the Government cannot accept these amendments.

I will speak first to Motions A and C, which relate to Amendments 1 and 3, originally tabled in the name of the noble and learned Lord, Lord Keen, and the noble Baroness, Lady Brinton, both of which concern access to criminal court transcripts.

I start by thanking the noble Baroness, Lady Brinton, for her extensive engagement on the Bill throughout its passage in the Lords, as well as in recent weeks. I am sorry she is not in her place today. I know she has not been well, but I think she may be joining us remotely in due course. I hope she can hear me when I say that she and I have spent significant time with each other discussing these amendments at length, and I really am grateful to her for her constructive and collaborative approach in addressing the issues before your Lordships’ House today.

That said, I am disappointed and frustrated that I have not been able to get a meeting with the Opposition Front Bench, despite making numerous attempts through various channels to do so. I hope the noble Baroness, Lady Brinton, knows I am sincere when I say the Government agree that it is extremely important for victims to be able to access information relevant to the criminal court proceedings in their case. But, as we made clear both in Committee and on Report, these amendments would not achieve the meaningful benefits that victims are seeking. In the case of the noble and learned Lord’s amendment, the Government believe it could in fact undermine victims’ experience rather than improve it.

With that, I turn to Motion C1, in the name of the noble and learned Lord, Lord Keen of Elie. We have already set out in previous debates the operational and financial implications this amendment would have. Our first reason for not accepting it is that while the Government are firmly committed to strengthening transparency, this would create substantial pressures on a system in which resources are finite.

The second reason is arguably the more important one: the potentially serious and damaging impact this amendment may have on countless victims. The noble and learned Lord has said that this amendment contains a pragmatic safeguard for victims, in that victims would be able to request anonymisation prior to publication. The Government fundamentally disagree that this gives protection, because it does not give victims the right to object to the publication of sentencing remarks. Instead, it limits victims to requesting anonymisation ahead of publication and does so within a relatively narrow window of 14 days from the point at which the request is received.

How is this to work in practice when the police and/or the CPS would have to locate the victims—probably quite a number of them—explain the request to them and give them time to consider the request? Then the victims would need to respond, and then redactions would need to be carried out sufficiently in what in some cases will be a long and complicated document. Following sentence, many victims will be traumatised and will just want to start putting what has happened behind them. What would happen should a victim of a horrifying crime request that their sentencing remarks not be published at all?

The findings of our study have the potential significantly to reduce fees and improve access to court transcripts. This will mean that further reform will be evidence-based, workable in practice and underpinned by confidence in accuracy and appropriate safeguards.

Motions B and B1, both tabled in the name of the noble Baroness, Lady Brinton, concern support for victims of homicide abroad. Again, I thank the noble Baroness for her efforts in advocating for others on this issue and for the positive and constructive engagement we have had over recent months.

The Government fully recognise the challenges faced by families bereaved by homicide abroad, and we remain committed to strengthening the support available to them. The previous Lords amendment sought to create an appendix to the victims’ code, setting out how it would apply to these families. This issue has been discussed at length. The Government recognise the underlying intention, which is to improve the experience and the outcomes for families who find themselves in this unimaginably awful situation, but the proposed approach would risk undermining the effectiveness of the code for all victims and it would place obligations on relevant agencies in England and Wales to provide services that would be impossible to deliver in practice. However, we agree that more needs to be done. Under the draft new code, we have included clear signposting to the relevant support and guidance available to these families.

Motion B1 proposes a review of the effectiveness of how the code applies to these families. While I understand the intention, the code applies only to those families where the case is capable of prosecution in England and Wales. The Motion, as framed, therefore risks limiting the scope of any review to the support available to these families. Instead, the approach that we are going to take is to build on our existing commitments to improve consistency through reviewing FCDO consular training and improving access to translated documents.

I am pleased to confirm that the Ministry of Justice will also work jointly with the FCDO and the Home Office to undertake a review of how support is provided to these families and to assess how current arrangements are operating. Importantly, it will also allow us to identify whether further improvements can be made. We want to get this right. The review will be robust and comprehensive. Its findings are to be published in 2027.

Taken together with our commitment to ensure that there is independent oversight by the Victims’ Commissioner when particular issues arise, these actions demonstrate the Government’s clear commitment to strengthening the support available to families as they navigate these awful situations.

For these reasons, the Government do not consider legislative change to be the best way forward, so we do not support these amendments. I hope that the House can support our intention to address these issues via non-legislative means. I beg to move.

My Lords, the noble Baroness, Lady Brinton, is taking part remotely. I invite the noble Baroness to speak.

My Lords, I start by thanking the Minister, her ministerial colleagues in the justice department, officials and staff, who have been available for conversations both during the passage of the Bill, especially since Report, and the helpful discussions reflected in the Government’s Motions in front of us today.

My Motion B1 on the horrendous issue of homicide abroad differs from the amendment that I laid at earlier stages of the Bill, because I listened carefully to the Minister, both in the Chamber and in our meetings. I have accordingly removed the element about enshrining the rights of bereaved families—of course, they are also victims, because their loved one was murdered—in the victims’ code. I still believe that it is possible to draft something that reflects that, but time is not on our side.

I pay tribute to the Government in that the new code of practice—just brought in for use by the Home Office, the Foreign Office and other government departments and officials such as coroners—is much more comprehensive and should, as it is now being implemented, improve the experience of families found in this horrendous position.

The one area that I do not want us to lose is the ability to review how the new code of practice is actually working. My amendments today set out a mechanism to ensure that within 18 months of the section on these arrangements coming into force,

“the Secretary of State must review the effectiveness of how the victims’ code applies to victims … who are close family members of a British National resident in England and Wales”

who is murdered or a victim of manslaughter or infanticide, and that the Secretary of State must lay a report of that review before both Houses of Parliament. However, I am very grateful to the Minister for our discussions and note what she has said at the Dispatch Box, that the Government will set up a joint review with the FCDO and the Home Office that will focus on access and experience for the families of those murdered abroad, to be published next year. It is especially welcome that the Government will work with the Victims’ Commissioner and, I hope, with victims’ organisations that help these families too.

My Lords, Motion C1 in my name would insist on my amendment from Report regarding the publication of court transcripts. It would require sentencing remarks by the Crown Court to be freely published online, while also informing applicants of their right to request anonymity if they wish it.

Open justice is a fundamental principle of the institution of democracy and the public confidence in that institution. This Motion would make it easier for victims, journalists and the wider public to understand exactly what is happening in the court system. This is of particular relevance regarding grooming gangs and the formal inquiry that the Government launched just this week. It would help to facilitate the transparency required to hold the guilty accountable.

As faith and confidence in public institutions continue to dwindle, many believe that the state does not operate to serve their best interests. The Sentencing Act now has the effect of an automatic presumption of short sentences—a policy that in practice effectively abolishes custodial sentences of one year or less. It is more important than ever that the public can access the reasoning behind sentencing decisions, so that confidence in the rule of law and the integrity of judicial decision-making is preserved.

In the other place, a Labour MP said she was confused about why the Minister was not accepting Lords Amendments 1 and 3 at that point. The Minister said in reply that the Government

“are willing to go further, and we will look to see what more we can do in the Lords”.—[Official Report, Commons, 25/3/26; col. 326.]

Yet the Government have taken no action on this issue other than to reject my amendment in its entirety. I therefore feel compelled to move Motion C1.

I thank the Liberal Democrats for their consistent support of this amendment and the principle that it upholds. It was the combined effort of 160 Conservative and 55 Liberal Democrat Peers that saw this amendment’s successful passage. I also thank the 56 Liberal Democrat MPs who supported the amendment in the other place. Indeed, the Liberal Democrat Justice spokesman said:

My Lords, I am grateful to noble Lords for their contributions and for the thoughtful way in which they have engaged with this issue. I recognise the commitment and valuable contributions that all have made during the passage of the Bill. To those who spoke powerfully about the need for victims better to understand what has happened in court and why, I say that the Government are absolutely aligned with that objective. I thank again the noble Baroness, Lady Brinton, for raising that point about victims being either explicitly told or made to feel that they should not attend court to hear the rest of the trial. It is a powerful point. I have had experience of it personally. I shall take it away and see what I can do to improve the situation.

As I have set out, Lords Amendments 1 and 3 would impose statutory duties that risk being unworkable, would create delay and have effects that would not serve victims well. Our priority must be to ensure that the commitments we make are ones that we can deliver. That is why the Government have focused on delivery through the Sentencing Act 2026 and why we are now going further through the study in artificial intelligence transcription, about which I spoke a moment or two ago.

Turning very briefly to support for victims of homicide abroad, I repeat my absolute assurance that the Government share the ambition of strengthening the support available to families bereaved by homicide abroad. The commitments that I have outlined today do go further. Cross-departmental work to improve consistency and support through a comprehensive review will put families at the centre so that we can ensure they get the support they need. I urge noble Lords to support Motions A, B and C.

Motion A agreed.