In depth: As the Lib Dems convene in Bournemouth, what are the party's plans for justice?

With a record 72 MPs voted in by more than 3.5 million people, the Liberal Democrats constitute the third-biggest party in the Commons. Not that one would necessarily infer as much from the media coverage the party receives.

Leader Sir Ed Davey pledged to put health and care at the top of the agenda during the course of this parliament. But speaking to the Gazette ahead of the party conference in Bournemouth this weekend, Josh Babarinde MP indicated that justice is also a top priority.

Babarinde, who was awarded an OBE in 2020 for services to criminal justice, social enterprise and the economy, is the party’s justice spokesperson and a member of the Commons justice select committee.

Fighting for justice for victims and survivors of domestic abuse is a key priority for the Lib Dems, Babarinde said. ‘We have been very vocal around what some of the government measures have meant for victims and survivors.’

He cites last year’s early prisoner release scheme to tackle the prison population crisis. ‘[The] government pledged to ensure perpetrators of domestic abuse were not released early under that scheme. It transpired that the government had no means of being able to honour that pledge. They did not have the means of specifically identifying domestic abusers and left many victims and survivors without the safety and protection they deserved.’

After fighting to secure – for the first time – greater identification of domestic abuse crimes in the law, the Lib Dems scored a major victory. The Sentencing Bill, which had its second reading this week, introduces a new judicial finding of domestic abuse in sentencing. That will enable probation to identify abusers early, track patterns of behaviour and put safeguards in place.

'[The] government pledged to ensure perpetrators of domestic abuse were not released early under that scheme. It transpired that the government had no means of being able to honour that pledge'

Josh Babarinde MP, justice spokesperson

The party wants domestic abuse to become an aggravated offence in the law to strengthen the identifier. While domestic abuse can be an aggravating factor in sentencing, Babarinde points out that if someone has an actual bodily harm conviction, it will not be clear from their records whether the conviction was in the context of domestic abuse. The bill will create that categorisation.

Babarinde added: ‘With Sarah’s Law and the legal provision that allows someone to ask police for information on a partner’s criminal record, if someone has an ABH conviction in the context of domestic abuse, that will come up. That person can then take the decision whether or not they think that relationship is safe. That’s a Liberal Democrat victory and we’re really pleased about that.’

Robust rehabilitation as a solution to the prison population crisis is another priority. Babarinde says 80% of people in prison are reoffenders and 58% of people who serve short sentences go on to reoffend. ‘That’s not justice. It’s not justice for those victims and survivors who deserve to be safe and it’s not justice for our communities who could be subject to that reoffending again. For some time, we have been calling on the government to invest more in rehabilitation and more community sentences.’

The family courts are a particular concern. Babarinde says many MPs across all parties see in their inboxes examples of the family court being used by domestic abusers to continue their abuse. The Lib Dems want to see family court reform.

Attempts have been made to push for reform via amendments to various pieces of legislation. However, this has proved difficult due to the government’s legislation being ‘narrowly focused’. So, the party wants to see reform announced in the next King’s speech to ensure abusers cannot use the family courts to continue their abuse.

A family justice bill, Babarinde adds, would enable debate on how the family court can be improved ‘to make sure it works for families rather than punishes families’.

As for legal aid, we can expect some firm news on that shortly. Babarinde said: ‘We hope to pass a motion at the conference to announce a new policy on legal aid, so watch this space. You have to ensure those who are among the most vulnerable in our society are not priced out of the legal representation they need and deserve.’

The party has a pre-existing policy on legal aid, but Babarinde pointed out that new challenges have emerged, as well as a cost-of-living crisis, so ‘it’s time for a radical policy’. Has the policy been costed? ‘All will be clearer when it’s announced in a few days’ time,’ he added.