Speeches by Sackman.

“The clause will also introduce a presumption in favour of granting screens when an intimidated witness requests them, whether they are giving evidence by live link or pre-recording their cross-examination. While screens can be combined with those special measures, the Law Commission highlighted that that does not happe…”

“Clause 12 will remove that ambiguity by making it clear in legislation that screens shield the witness and the defendant from one another, thereby ensuring that the law fully reflects established practice. For vulnerable and intimidated complainants and witnesses, many of whom approach the process of giving evidence wi…”

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“The amendment contradicts the Government’s aims of increasing efficiency across the courts. I understand that it was likely born out of a desire to ensure adequate safeguards, but I reassure the hon. Gentleman that retrial in magistrates courts, which will be accompanied by a Crown court judge’s reasons for allowing th…”

“As Claire observed in front of the Committee, and I think it is a view that is shared by all the members of this Committee, keeping children safe, and the improvements that we need to drive in the family court, do not end with the repeal of this presumption. We think it is important; we think it will send an important …”

“One a real step forward, which touches on some of the other themes we have talked about today, is greater transparency in our family courts. For good reason, lots of family proceedings are held in private to protect the identities of those participating in them, but we are seeing more and more transparency in our famil…”

“Recent case law demonstrates that the family courts are already grappling with these considerations. In the case of Re Y, the president of the family division made it clear that the court should establish the facts of a case, particularly regarding whether domestic abuse has occurred, prior to considering any expert op…”

“A number of Members raised the issue of specialist training, which is so important. We have talked about it in the context of criminal justice, and it is equally important in this context. While it is right that judicial training is the responsibility of the independent judiciary, campaigners and parliamentarians have …”

“The welfare of children must always be the family courts’ paramount concern when they make decisions about a child’s life. That principle is enshrined in the Children Act 1989. The Family Justice Council has published guidance on this issue, which has been endorsed by the president of the family division. That guidance…”

“New clause 20 seeks to establish a presumption that, where domestic abuse is found, the court should not consider allegations by the perpetrator that the victim parent has undermined their relationship with the child. This new clause has a very noble aim. The Government agree that the court must take into account a chi…”

“Schedule 2”

“The amendment, which would require retrials to take place in front of a Crown court jury, goes beyond both the current practice for appeals from the magistrates court and beyond the established principles in other criminal appeal proceedings, whereby the lower court reconsiders the case. As I have indicated, it would c…”

“Amendment 56 concerns appellants who were originally dealt with by way of a mental health disposal without being convicted, on the basis that they were suffering from a mental disorder that justified that disposal. The findings leading to the mental health disposal can be appealed against as if they were a conviction, …”

“The family courts already operate within a strong statutory framework in which a child’s welfare is the paramount consideration. Judges are equipped with the training to consider domestic abuse, the nature and severity of harm, and the reasons behind any relocation, without needing a presumption that may constrain that…”

“To be clear, we are not doing away with the right to appeal magistrates court decisions; we are refining the process so that it protects the rights of defendants, victims and witnesses in a more proportionate way. For those reasons, I urge the hon. Member for Bexhill and Battle not to press his amendments to a vote.”

“Appeals from magistrates’ courts”

“Amendment 55, which was also tabled by the hon. Gentleman, would mean that a retrial ordered as a result of a successful appeal of conviction would be heard by a jury instead of returning for a retrial in the magistrates court. Currently, as I have indicated, if a defendant appeals a conviction received in the magistra…”

“As I have said, the Children Act firmly enshrines the principle that the welfare of children must always be the family courts’ paramount concern when making a decision about a child’s life, so there is a slight concern about how we go about legislating in this area. Additionally, the Family Justice Council has publishe…”

“Clause 7 ordered to stand part of the Bill.”

“In appeals from the Crown court to the Court of Appeal, there is no automatic rehearing on appeal, and the Court of Appeal will review only the specific issue identified at the permission stage, essentially narrowing down the issues in play. In the appeals process on which our new model is based, the Court of Appeal ca…”