The Victims and Courts Bill has received Royal Assent, marking the culmination of extensive advocacy efforts by bereaved victims and families advocating for change. Essential protections that have long been fought for are now officially enacted, showcasing the power of the justice system when it heeds the voices of those it is meant to support.
Frequently, victims and families find themselves sidelined during processes that significantly impact their lives. A justice system primarily focused on procedures can seem distant and unresponsive to their suffering. This disconnect is particularly evident during sentencing, where offenders can opt not to attend hearings, depriving victims and families of a rare opportunity to express their views.
The families of Sabina Nessa, Zara Aleena, and Jan Mustafa transformed their immense grief into purposeful campaigns to ensure that this injustice was addressed appropriately. Individuals like Jebina Islam, Sabina’s sister, and Cheryl Korbel, who campaigned following her daughter Olivia’s tragic murder, brought national attention to the issue of offenders’ non-attendance during sentencing.
Ayse, whose cousin Jan Mustafa was murdered in 2018, described the heart-wrenching experience of standing alone in court, speaking words filled with grief “to no one.” Farah, the aunt of Zara Aleena, expressed how the absence of the offender felt like a profound betrayal.
Listening to the families’ stories about the additional harm caused by non-attendance reinforced the commitment to working alongside them to advocate for change. The sentencing hearing offers one of the rare opportunities for victims and families to have a voice in the justice process. When an offender deliberately chooses not to attend, it exacerbates trauma and undermines accountability.
Thanks to the courageous testimonies and advocacy efforts of these families, the law is now being amended. The Victims and Courts Act will grant courts the authority to mandate attendance at sentencing hearings, with repercussions for those who persist in refusing, including potential extensions to their sentences and loss of privileges. Even minor extensions to a sentence hold significant meaning for families as they signify acknowledgment of the additional harm inflicted.
These reforms did not materialize overnight but are the result of victims and bereaved families refusing to be sidelined. Their persistent campaigning with dignity and determination has shaped the law to better reflect their experiences.
Similarly, reforms to the Unduly Lenient Sentencing (ULS) scheme have been initiated. Under the new provisions, victims and bereaved families will have an extended timeframe to challenge sentences they believe do not accurately reflect the severity of the crime.
After the tragic loss of her son Josh, Tracey Hanson tirelessly advocated to highlight the disparity in rights between victims and offenders within the ULS scheme. Despite voicing concerns about the sentence, Tracey was unaware of the scheme’s existence and only learned about it on the final day of the application window. Her efforts drew national attention to systemic gaps that left victims feeling voiceless. Katie Brett also lent her voice to calls for extending the scheme to ensure families have meaningful avenues to challenge sentences.
Tracey emphasized the need for two specific changes: extending the rigid 28-day time limit in exceptional circumstances and ensuring a single accountable agency is responsible for informing victims and bereaved families about the scheme.
With the new reforms, victims and bereaved families now have up to six months to request a sentence reconsideration in the interest of justice. The government will introduce a legal obligation in the Victims’ Code to inform victims about the ULS scheme, ensuring they are aware of their right to challenge a sentence and how to do so.
These reforms underscore the critical role of the Victims’ Commissioner in amplifying the lived experiences of victims to enhance legislation, policies, and practices. The Bill also enhances the Commissioner’s powers to scrutinize how agencies respond to victims and ensure commitments translate into meaningful actions.
As the Bill attains Royal Assent, it symbolizes acknowledgment of the determination and resilience of campaigners who refused to be silenced. However, it also serves as a reminder that legislative changes alone are insufficient. The effectiveness of these reforms will be measured by their consistent and serious implementation by the government and criminal justice agencies.
The passage of the Victims and Courts Bill exemplifies the positive outcomes achievable when lived experiences are taken into account. It is now imperative for government and criminal justice agencies to uphold their commitments and ensure the promised reforms are effectively executed.