Victims and Courts Bill – in a Public Bill Committee at 2:30 pm on 19 June 2025.
Alex Davies-Jones
The Parliamentary Under-Secretary of State for Justice
2:30,
19 June 2025
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.
Graham Stringer
Labour, Blackley and Middleton South
With this it will be convenient to discuss the following:
Government amendments 2 to 7.
Clause stand part.
Alex Davies-Jones
The Parliamentary Under-Secretary of State for Justice
It is vital to ensure that the Crown Prosecution Service can recruit and retain sufficient qualified Crown prosecutors. Clause 9 supports that aim by increasing CPS recruitment flexibility through the removal of an unnecessary legislative barrier. In turn, this will help to increase the pool of eligible candidates for appointment as Crown prosecutors.
Currently, the CPS is restricted as to whom it can appoint as Crown prosecutors, because of an unnecessary legal requirement. That legislative barrier, set out in the Prosecution of Offences Act 1985, provides that Crown prosecutors and those who prosecute cases on behalf of the CPS must hold a general qualification. That definition excludes certain legal professionals, including most Chartered Institute of Legal Executives—CILEX—criminal practitioners. Those legal professionals hold the right skills and the specialist qualifications required to perform the Crown prosecutor role, including rights of audience, but they do not meet the “general qualification” criterion. That restriction limits the Director of Public Prosecutions’ ability to consider a wider pool of legal talent. It also reduces the CPS’s flexibility in managing existing and future recruitment challenges.
The purpose of clause 9 is to remove the requirement for a general qualification under sections 1(3) and 5(1) of the 1985 Act. In so doing, it gives the Director of Public Prosecutions the discretion to appoint appropriately qualified legal professionals, such as CILEX practitioners, as Crown prosecutors for the CPS. It is important to stress that the removal of the “general qualification” criterion does not change the reality that prospective applicants must hold the necessary practice rights and meet the required competency standards in order to become Crown prosecutors. Rights of audience and the right to conduct litigation also remain protected as reserved legal activities under the Legal Services Act 2007.
This change reflects the modern legal services landscape. Alternative routes to qualification are increasingly common and professionals from non-traditional backgrounds play a growing role in the justice system. By removing the unnecessary legislative barrier, the clause also supports the recruitment of a more diverse and representative cohort of Crown prosecutors. The measure does not require the CPS to appoint any specific type of legal professional; however, it gives it the flexibility to do so where appropriate and ensures that recruitment decisions remain firmly within the Director of Public Prosecutions’ control.
Government amendments 1 to 7 are technical amendments to address an unintended consequence arising from the previous drafting of the removal of the statutory exemptions in the 1985 Act—it happens to the best of us, Mr Stringer. Although the policy aim was to ensure that only suitably qualified individuals could act as Crown prosecutors, we have since identified that many existing CPS barristers currently rely on the statutory exemption in section 1(6) of the Act to conduct litigation without separate authorisation from the Bar Standards Board. That exemption is appropriate, because those barristers act under the direction of the Director of Public Prosecutions when conducting litigation. The amendments ensure that the exemption remains in place, preserving the status quo for those who already rely on it, while removing it for other legal professionals, who do not meet the relevant qualification requirement but are now eligible to be designated as Crown prosecutors. This approach avoids unintended barriers for those barristers, supports the CPS’s operational needs and maintains the policy intent of enabling a broader, properly qualified pool of Crown prosecutors.
The amendments will ensure that the clause operates as intended, broadening access to the CP roles while maintaining appropriate safeguards and supporting the CPS to meet its recruitment needs effectively. I commend the provisions to the Committee.
Kieran Mullan
Shadow Minister (Justice)
The Opposition recognise that flexibility in how we decide which professionals can perform important functions in our criminal justice system is important, and we do not object to the widening of the scope, for example by including CILEX members. However, the Minister will know that it has not been universally welcomed. In particular, former Director of Public Prosecutions Lord Macdonald described it as a
“cost cutting measure rather than a measure designed to improve the quality of justice”.
We will not oppose the measure, but given the significant expansion of the professionals involved, what plans do the Government have to review the impact of the change to ensure that there have not been any unintended consequences? It would reassure not just the Opposition but wider stakeholders if the Government kept a close eye on the measure and formally reviewed its implementation.
Alex Davies-Jones
The Parliamentary Under-Secretary of State for Justice
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.
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)”
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.
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As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
