Policy Briefing: Victims and Courts Bill Introduced
The Victims and Courts Bill was introduced into parliament last week, and is now awaiting the second reading, which is scheduled for the 20th of May 2025. Born from the commitment announced in the King’s Speech last year, as the Victims, Courts, and Public Protection Bill, the Bill, among other things, aims to ‘help victims get the justice they deserve.’ It aims to do this, in part by ordering offenders to attend their sentencing hearings, strengthening the powers of the Victims’ Commissioner and provided other victim-centred provision. It is positive to see a continued focus on victims in policy; the Victims and Prisoners Act, which gained royal assent on the 24th of May 2024, was one such piece of legislation, that established a ‘statutory definition of a victim of crime’, placing key principles of the Victims’ Code and introducing requirements for agencies to respond to recommendations of the Victims’ Commissioner and for the Commissioner to report annually to parliament. As another piece of victim-focused policy, the Victims and Courts Bill looks to help better facilitate and improve the experience of victims through further powers and duties. It aims to:
- create an express statutory power for judges to order offenders to attend their sentencing hearings so that these criminals have to face the consequences of their actions.
- restrict parental responsibility for child sex offenders sentenced for four years or more for an offence against a child for whom they hold parental responsibility.
- provide victims with certainty about the routes available to receive information about an offender while they are serving their sentence.
- strengthen the powers of the Victims’ Commissioner
- increase flexibility for the Director of Public Prosecutions in appointing Crown Prosecutors
- set rates at which prosecutor costs in private prosecutions can be recovered from Central Funds
- amend the time limit for the Attorney General to refer a sentence to the Court of Appeal on the grounds that it is unduly lenient.
- amend Magistrates Court Sentencing Powers for six either-way offences[1]
Requiring offenders to attend sentencing
There are numerous examples of several adult murderers refusing to attend sentencing hearings which have led to a recognition of the need to clarify court’s powers to order attendance. The explanatory notes of the bill identify a few examples, including Lucy Letby in August 2023; and Kyle Clifford in March 2025. We know that for victims, the presence of the offender in court is extremely important for closure and resolution, and the ability to move on from their experience. Refusal to attend sentencing will be treated as contempt of court and will be punished as a result. It is positive that it will be treated with the brevity it deserves, and following on from the Contempt of Court consultation, streamlining the process, it looks likely that this will be effective in ensuring a better experience for victims.
Strengthening the power of the Victims’ Commissioner
The Victims’ Commissioner plays a crucial role in ensuring victims get the justice and experience they deserve. It is therefore welcome that the powers of the Commissioner will be strengthened, allowing them to play a much greater role in cases and requiring them to produce an independent report on compliance with the Victims’ Code. One of the new powers for the commissioner is the ability to act in individual cases relevant to public policy. Where the experiences of individual victims or witnesses signal wider policy issues, existing legislation lacks clarity on what the Commissioner can explicitly act on; in order to highlight specific issues and concerns. One example referenced, is that the Commissioner could, request information from agencies on how a failing occurred, request updates on next steps on how the policy issue will be addressed and promote best practice. This is encouraging and will make sure that pertinent issues are addressed swiftly and effectively by those with the influence to do so.
The next duty for the Victims’ Commissioner is to report on compliance with the victims’ code. The Victims’ Code, was established by the Domestic Violence, Crime and Victims Act 2004, coming into effect in 2006. The stipulations of the code, and who is defined as a ‘victim’ was further defined in the Victims and Prisoners Act 2024. and in recognition of the role of the Commissioner, the duty will amend the compliance framework placed within this act. Ultimately, strengthening the Commissioner’s role within the Code compliance framework. The new duty will make the Commissioner be required to: annually make a report on Code Compliance to Ministers and publish the report. This is welcomed and strengthens pre-existing legislation that bolsters the experience for victims, helping to ensure that compliance is wide-ranging and effective.
Placing a duty on local authorities and social housing providers to co-operate with the Victims’ Commissioner in relation to victims ASB
As we are aware, antisocial behaviour is not always a criminal justice system issue; other agencies such as local authorities and social housing providers play an essential part in supporting victims and responding to antisocial behaviour. It is therefore welcome that further duties will be placed on these agencies to co-operate with the Commissioner with this Bill, namely in relation to antisocial behaviour. The 2024 Act introduced a duty for certain agencies to cooperate with the Victims’ Commissioner. Despite this, this duty does not apply to these agencies in question, therefore a gap is present in what agencies are required to co-operation in encouraging good practice in the treatment of victims of antisocial behaviour. Local authorities and social housing providers will be required to comply with a request made by the Victims’ Commissioner, provided it is reasonably practicable to do so. We welcome this, of course, practicalities withstanding, and this looks to foster a more co-ordinated antisocial behaviour experience.
The Bill looks to bolster already crucial legislation that helps to improve the victims experience, foster better multi-agency working, and give victims the resolution they deserve. Practicalities of course must be considered, this includes, in the case of forcing people to at attend their hearing, that resources are adequately delivered to ensure compliance. The Bill has received a wider range of support, from Victims Support, Association of Police and Crime Commissioners, and the Victims’ Commissioner Baroness Newlove themselves. We therefore welcome the policy provisions within this Bill and look forward to representing our members’ interests should this come to a call for evidence come committee stage.
Explanatory notes on this Bill can be found here.
For any more information or any queries regarding this, please contact:
Harrison Box, Policy Officer
[1] https://www.gov.uk/government/publications/victims-and-courts-bill#:~:text=The%20Bill%2C%20delivered%20as%20part,to%20attend%20their%20sentencing%20hearing.