Victims and Courts Bill – in a Public Bill Committee at 9:25 am on 24 June 2025.
Andrew Murrison
Conservative, South West Wiltshire
With this it will be convenient to discuss the following:
Amendment 10, in Clause 11, page 12, line 23, after “(2)” insert
“unless an application is made by a victim, or their deceased victim’s next of kin, in which case notice of an application shall be given within one year”.
This amendment increases the window for applying to the Unduly Lenient Sentences Scheme to one year for a victim of a crime or a deceased victim’s next of kin.
Amendment 11, in clause 11, page 12, line 29, leave out “28” and insert “56”.
This amendment is contingent on Amendment 8.
Amendment 12, in clause 11, page 12, line 39, at end insert—
“(5) In accordance with the provision under sub-paragraph (1) the Crown Prosecution Service must write to the victim, or a deceased victim’s next of kin, within 10 working days of the sentence being delivered to make them aware of their ability to apply for a review of sentencing.”
This amendment is contingent on Amendment 9. It would require the CPS to write to a victim, or a deceased victim’s next of kin, within 10 working days of a sentence being delivered to make them aware of their ability to apply for a review.
Mike Wood
Opposition Whip (Commons), Shadow Minister (Cabinet Office)
Before any observers start panicking that the Shadow Justice Minister, my hon. Friend the Member for Bexhill and Battle, has really let himself go over the weekend, I should say that he sends his apologies to the Committee, although it is not clear whether that is for his absence due to illness or for lumbering Members with me this morning.
I rise to speak in support of Opposition amendments 9 to 12. In the last sitting, we spent considerable time considering the role and involvement of victims and their families in the sentencing process. We spoke about measures aimed at making it as meaningful as possible by both involving them and trying to ensure that offenders are present. Disappointingly, we were unable to secure changes that we believe would strengthen the voice of victims and their families.
Across the criminal justice system, we have seen considerable effort made to improve the experience of victims and their families, including through the introduction of screens, the pre-recording of evidence, the work of organisations such as Victim Support, and the many ways in which the Victims’ Commissioner has expanded the rights of victims and their families and the services available to them. However, there is cross-party agreement on the need to go further. We welcome many of the measures that the Government are introducing, including through Clause 11, but victims and their families are not just interested in what the processes of the criminal justice system are like. Although the views of victims and their families are not the only ones we should seek, we really want them to have a fair and reasonable experience of the justice system, and to consider its outcomes to be fair and reasonable.
The unduly lenient sentence scheme provides victims, their families and others with a route to redress when they feel that the outcome does not represent justice. However, it is clear from the evidence we heard last week, and from victims’ family members whom the shadow Minister and I have spoken to, that the current scheme is woefully inadequate. Witnesses who spoke for victims during our evidence sessions, as well as the Victims’ Commissioner and the Domestic Abuse Commissioner, all agreed that the current time window is simply not fair.
As Paula and Glenn from Justice for Victims said, echoing what Katie Brett from the group had originally said, 28 days is the same amount of time people get to return something to a shop. There is an inherent unfairness, because there is an exceptional circumstances clause under which a criminal gets no time limit—none at all. The Bill will amend the unduly lenient sentence scheme, but only for the Government’s Law Officers—not in relation to victims and families. We can see no good reason why we should not act now, with legislation before us, to improve the scheme for victims and families too.
Our Amendment 10 would allow victims, or a deceased victim’s next of kin, to request a review up to one year after sentencing. Giving them time to act would show that we understand that this can be a deeply traumatic time for many people. Many of us will have had victims come to our advice surgeries soon after sentencing, but outside the 28-day period in which we are able to offer any help. When we have spoken to victims, it has been clear that, first, they were not aware of that, and secondly, because of their state of mind after the trial and sentencing, they were not focusing on such things immediately. Therefore, it is reasonable to extend that period.
Katie Brett started a petition to change the law, which has gathered more than 14,000 signatures. Katie is doing that in memory of her sister Sasha, who was brutally murdered; she was stabbed more than 100 times, raped, and her body was set on fire. Katie has every reason to believe that her sister’s killer should have received a whole-life order, but will never get the chance to legally test that. Ayse Hussein, also from Justice for Victims, had a similar experience, and the group is campaigning for a change in the law.
I am sure the Minister will say that the Law Commission is looking into unduly lenient sentencing and that we must let it do its work, but anyone reading that review will see that it is primarily about criminal appeals from the viewpoint of offenders. The consultation document makes it clear that the Law Commission does not think there is anything wrong with the way in which the ULS operates at the moment, and it is not clear how it can possibly reach that view. Why does the Minister need the Law Commission to tell her and us that this needs to change? The Government are giving the appearance of being dependent on reviews to make up their mind on quite simple principles, but particularly anything significant in the judicial sphere. Here is an opportunity to be bold, and to apply good instincts, which I know the Minister has and am confident would be similar to ours on this issue. We hope that the Government will accept the amendment.
Amendment 12 addresses the equally important issue of awareness. Of course, a short time window creates a greater risk of someone never being made aware, but either way, we need a more robust mechanism of notification, so that victims know of the possibilities. The amendment would introduce a new duty on the Crown Prosecution Service to inform victims, or a deceased victim’s next of kin, within 10 working days of sentencing that they can apply to the ULS. This is about enforceable rights. A legal right means little if the person entitled to it does not know that it exists. Victims deserve to be told what their options are clearly and promptly. The amendment would ensure that no one missed their opportunity for justice simply because no one had bothered to tell them. Surely we do not need the Law Commission to tell us that this is the right thing to do.
Finally, amendment 9 would make a straightforward but crucial change—to increase the time limit for referring a sentence under the unduly lenient sentence scheme from 28 days to 56 days. This is about achieving simple fairness by extending more broadly the Government’s measure to award more time to their own Law Officers.
Jack Rankin
Conservative, Windsor
We welcome the provisions in Clause 11, which relate to extending the time period in which the unduly lenient sentence scheme may be applied for. However, as the official Opposition, we still have concerns that the window of opportunity for victims to raise an appeal remains the same. The scheme can only be referred to for some of the most serious crimes—crimes that are likely to leave victims and their families with a degree of trauma or grief. How can we possibly expect that, within just a month of a sentence being issued, gathering together a clear, strong case for a sentence’s being unduly lenient would be on the minds of victims?
We also know that many victims do not know about the scheme, or the opportunity to appeal. Baroness Newlove said that victims “really do not know” about it. She said:
“Once they leave the courtroom, it can take a long time, but the clock is ticking.”—[Official Report, Victims and Courts Public Bill Committee,
During the oral evidence session, many notable sources raised issues with the current timeframe. Dame Nicole Jacobs, Domestic Abuse Commissioner for England and Wales, described the current system as “disorienting” and said that
“we need to do so much more to put in place solid advice and support for victims. Those 28 days seem to fly in the face of that.”––[Official Report, Victims and Courts Public Bill Committee,
Extending the window of opportunity will also surely allow a greater base of evidence from previous cases to be compiled, to bolster a referral under the scheme. It is only right that we allow victims, and the organisations supporting them, the time and space to make their case as strong as possible, ensuring that everything is laid on the table for the Attorney General to consider. Let us place victims and families at the heart of the unduly lenient sentence scheme, where they should be.
Alex Davies-Jones
The Parliamentary Under-Secretary of State for Justice
It is a pleasure to serve under you in the Chair, Dr Murrison. I place on the record our well wishes to the Shadow Minister, the hon. Member for Bexhill and Battle, and welcome the Opposition Whip, the hon. Member for Kingswinford and South Staffordshire, in his place today.
On amendments 9 and 11, let me start by thanking the Justice for Victims campaign and, in particular, Katie Brett, whom I met again recently and whom I commend for her tireless campaigning for reform of the unduly lenient sentence scheme in honour of her sister Sasha.
As the Opposition Whip mentioned, the Law Commission is undertaking a review of criminal appeals, and it has launched a public consultation inviting views on a range of reforms to the ULS scheme, including extending the time limit. The consultation is open to all and has been extended to
On amendments 10 and 12, we recognise the exceptionally difficult circumstances for victims and their families in making a referral within 28 days. We heard about the impact that that is having on them directly in our evidence sessions last week. That is why anyone can ask the Attorney General or the Solicitor General to consider referring a sentence to the Court of Appeal. That is open to not just victims or relatives of a victim, but members of the public, the Crown Prosecution Service and parliamentarians—I myself referred cases to the Attorney General and Solicitor General when I was a Back-Bench Opposition MP—thereby taking the burden off victims and their loved ones.
The Court of Appeal is less likely to increase a sentence after more time has passed, because of the Double Jeopardy risks of sentencing an offender twice. Particularly if enough time has passed that the offender has already completed their sentence, the Court may actually reduce an extra sentence in order to reflect that. That means that an extended time limit would have a more limited impact and, worse, it would create false hope for victims, leading them to delay requests to review and then retraumatising them, with uncertainty hanging over them for up to a year after the trial, when they are trying to move on with their lives. For that reason, it is important that sentences are certain and not subject to change for too long a period.
Let me be clear: it is imperative that we provide better and clearer communication with victims by criminal justice agencies, including in relation to how and when information is given to victims and their families about the unduly lenient sentence scheme after sentencing. We heard loud and clear from victims last week about how the lack of communication and of awareness about the scheme was one of the issues. Under the victims code, the police-run witness care units are required to tell victims about the unduly lenient sentence scheme when they provide a victim or family with information about the sentence. We have already commenced the obligation in the Victims and Prisoners Act 2024 on those who provide victims code services to comply with the code unless there is a good reason not to do so. That ensures that agencies, including the police, are held to account for providing victims and their families with the service that they should expect. Once the new victims code is in force, we will also implement the code awareness duty, placing a legal responsibility on criminal justice agencies, including the police and the CPS, to promote the victims code to the public and victims of crime and ensure that every victim and their family are aware of their rights.
Division number 8
Victims and Courts Bill — Clause 11 - Reviews of sentencing: time limits
“(5) In accordance with the provision under sub-paragraph (1) the Crown Prosecution Service must write to the victim, or a deceased victim’s next of kin, within 10 working days of the sentence being delivered to make them aware of their ability to apply for a review of sentencing.”—(Mike Wood.)
This amendment is contingent on Amendment 9. It would require the CPS to write to a victim, or a deceased victim’s next of kin, within 10 working days of a sentence being delivered to make them aware of their ability to apply for a review.
Division number 9
Victims and Courts Bill — Clause 11 - Reviews of sentencing: time limits
Alex Davies-Jones
The Parliamentary Under-Secretary of State for Justice
I do not wish to prolong proceedings unnecessarily. We welcome the Opposition’s support for the Clause.
Andrew Murrison
Conservative, South West Wiltshire
Wonderfully brief—thank you.
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.
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.
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.
The Opposition are the political parties in the House of Commons other than the largest or Government party. They are called the Opposition because they sit on the benches opposite the Government in the House of Commons Chamber. The largest of the Opposition parties is known as Her Majesty's Opposition. The role of the Official Opposition is to question and scrutinise the work of Government. The Opposition often votes against the Government. In a sense the Official Opposition is the "Government in waiting".
The shadow cabinet is the name given to the group of senior members from the chief opposition party who would form the cabinet if they were to come to power after a General Election. Each member of the shadow cabinet is allocated responsibility for `shadowing' the work of one of the members of the real cabinet.
The Party Leader assigns specific portfolios according to the ability, seniority and popularity of the shadow cabinet's members.
The Attorney General, assisted by the Solicitor General, is the chief legal adviser to the Government. The Attorney General also has certain public interest functions, for example, in taking action to protect charities.
The Attorney General has overall responsibility for The Treasury Solicitor's Department, superintends the Director of Public Prosecutions as head of the Crown Prosecution Service (CPS), the Director of the Serious Fraud Office (SFO) and the Director of Public Prosecutions in Northern Ireland. The Law Officers answer for these Departments in Parliament.
The Attorney General and the Solicitor General also deal with questions of law arising on Government Bills and with issues of legal policy. They are concerned with all major international and domestic litigation involving the Government and questions of European Community and International Law as they may affect Her Majesty's Government.
see also, http://www.lslo.gov.uk/
Of a male MP, sitting on his regular seat in the House. For females, "in her place".
The phrase stems from the 5th Amendment of the US Constitution; prohibiting individuals from being subject for the same offence to be "twice put in jeopardy of life and limb", and refers, in the strict sense, to three protections: protection from being retried for the same crime after an acquittal; protection from retrial after a conviction; and protection from being punished multiple times for the same offense.
When employed strictly, the mechanism can be used as a defense - for example, the policemen who beat up black motorist Rodney King in 1991 in Los Angeles, CA, were acquitted of assault in a county court, and as a result, could not be tried for those crimes in Federal court, and mirror court cases in the Southern United states in the 1960s where racially motivated crimes were not actively prosecuted nor convicted in local courts. A more pronounced example is that of U.S. citizen and terrorist Timothy McVeigh; sentenced to death for murdering eight U.S. federal employees with a bomb (as federal law only covers the federal employees killed in the explosion, a state court could have tried him for the deaths of the other hundred.
In 2003, Home Secretary David Blunkett abolished this strict form of double jeopardy; retrials are now allowed if there is 'new and compelling evidence'.
In addition, an optional protocol (specifically, the Seventh Protocol, Article Four) of the European Convention of Human Rights, which protects against double jeopardy, states: "No one shall be liable to be tried or punished again in criminal proceedings under the jurisdiction of the same State for an offence for which he has already been finally acquitted or convicted in accordance with the law and penal procedure of that State."; only Belgium, Germany, The Netherlands, Portugal, Spain, and the United Kingdom have not ratified this optional convention.
The House of Commons votes by dividing. Those voting Aye (yes) to any proposition walk through the division lobby to the right of the Speaker and those voting no through the lobby to the left. In each of the lobbies there are desks occupied by Clerks who tick Members' names off division lists as they pass through. Then at the exit doors the Members are counted by two Members acting as tellers. The Speaker calls for a vote by announcing "Clear the Lobbies". In the House of Lords "Clear the Bar" is called. Division Bells ring throughout the building and the police direct all Strangers to leave the vicinity of the Members’ Lobby. They also walk through the public rooms of the House shouting "division". MPs have eight minutes to get to the Division Lobby before the doors are closed. Members make their way to the Chamber, where Whips are on hand to remind the uncertain which way, if any, their party is voting. Meanwhile the Clerks who will take the names of those voting have taken their place at the high tables with the alphabetical lists of MPs' names on which ticks are made to record the vote. When the tellers are ready the counting process begins - the recording of names by the Clerk and the counting of heads by the tellers. When both lobbies have been counted and the figures entered on a card this is given to the Speaker who reads the figures and announces "So the Ayes [or Noes] have it". In the House of Lords the process is the same except that the Lobbies are called the Contents Lobby and the Not Contents Lobby. Unlike many other legislatures, the House of Commons and the House of Lords have not adopted a mechanical or electronic means of voting. This was considered in 1998 but rejected. Divisions rarely take less than ten minutes and those where most Members are voting usually take about fifteen. Further information can be obtained from factsheet P9 at the UK Parliament site.