Police, Crime, Sentencing and Courts Bill

Debate between Baroness Grey-Thompson and Lord Hunt of Kings Heath

Lords Hansard - Part 2 & Committee stage
Monday 15th November 2021 Lords Chamber

[Baroness Grey-Thompson (CB)]

My Lords, I assure my noble friend Lord Russell of Liverpool that I intend to be brief. I speak to Amendment 219A, to which my name is attached. Sadly, as the noble Baroness, Lady Newlove, has pointed out, violence against women and girls is still a major issue in this country. I do not think a week goes by without us reading or hearing about some terrible act.

A few years ago, I, like many others, would have conflated the words “sex” and “gender”. We discuss the gender pay gap, where actually we probably mean a sex pay gap. It has become clear to me that, as language evolves, sex and gender mean very different things. The noble Baroness, Lady Noakes, has outlined this amendment very clearly, but I also believe that adding “gender” is unnecessary, as it could add further confusion to an area of law in which existing terminology is inconsistent and at times contested. Just in the short debate we have had tonight, we have seen that there is plenty more to discuss on the definition. I think we all agree that the protection of all people is important, and we should promote dignity, but that should be done without confusion.

I believe that we should wait for the Law Commission report, which I hope will be published soon, because it is a significant piece of work which will help inform the debate further.

[Lord Hunt of Kings Heath (Lab)]

My Lords, time is against us, so I will be really brief. From all our debates so far, I am convinced that the issue of inconsistent policing is the one where I would put most of my money in terms of improving the situation. Her Majesty’s Inspectorate, which looked at the way police forces dealt with violence to women and girls, was very persuasive about the hugely patchy approach of police forces.

As far as the Law Commission is concerned, anyone reading its work will see that it is complex and that it did not come to an easy conclusion when it gave a provisional view that it would be helpful to add to the categories in the way suggested. Most notably, it identified the risk that hate crime laws could prove unhelpful in certain contexts such as domestic abuse and sexual offences. It then went on to quote evidence from the Fawcett Society, which argues that all sexual and domestic abuse offences committed by men against women should be understood as inherently misogynistic. There is therefore a risk that sex-based hate crime might disrupt this understanding because it would require juries to seek express evidence of misogyny in these contexts, potentially causing some offences to be non-misogynistic where there is insufficient evidence of this.

I am not qualified to comment on the detail, but it is clear that this is a complex issue, as are the issues of sex and gender. Given that the Law Commission will report by the end of the year, the key thing we want to hear from the Minister is that the Government will take the report seriously and it will not join other Law Commission reports in the long grass.

Domestic Abuse Bill

Debate between Baroness Grey-Thompson and Lord Hunt of Kings Heath

Report stage
Monday 15th March 2021 Lords Chamber

[Baroness Grey-Thompson (CB) [V]]

My Lords, I am in an unusual situation. When I am fourth on the list, I would usually feel that I had something to contribute, but listening to the harrowing experiences of the noble Baronesses, Lady Brinton and Lady Bertin, it makes me feel that this is the most challenging amendment I have ever spoken on. The noble Baroness, Lady Royall, very clearly explained the need for this amendment and the fear that women face. I feel very privileged that I have met the family of Jane Clough, whom she mentioned, and listened to their heart-breaking experiences and how time and time again they felt that they were not being listened to.

Like so many women in public life, I have experienced very uncomfortable situations where I have had unwanted attention, been bombarded and had threatening behaviour. I have been incredibly lucky that people have helped and supported me through it, but even with that support and police support around me, I was not able to sleep, I could not eat, I was scared to go out and I was constantly looking over my shoulder. It changed how I felt about myself and my ability to cope with everyday life, and that was with help and support around, so imagine what it must be like to feel that nobody is listening to you and nobody is helping. That is why I strongly support Amendment 73 and the amendment in the name of the noble Lord, Lord Strasburger.

I thank the London School of Economics, which provided incredibly useful information and support on this amendment. Gathering data is important, but so is sharing that information with police forces. It does not seem right that this data is not systematically shared and is shared only through the Police National Computer, which records only charges.

I urge the Minister to listen to the speeches tonight. A comprehensive perpetrator strategy for domestic abusers and stalkers is essential. It is needed more urgently than a year from now. It must help the identification, assessment and management of perpetrators. We must focus on perpetrators’ behaviour and not blame victims. We must support the victims to enable them to have a chance to get through it. I shall not say any more on amendments tonight, but I strongly support the amendment and will vote favour of it if the noble Baroness divides the House.

[Lord Hunt of Kings Heath (Lab) [V]]

My Lords, like the noble Baroness, Lady Grey-Thompson, I strongly support my noble friend Lady Royall. Like her, I essentially want to see a co-ordinated, consistent and mandatory approach to the flagging and targeting of perpetrators, with a statutory obligation on police, prison and probation services to identify, assess and manage serial and serious domestic abuse perpetrators and stalkers. Without such a comprehensive approach, we will not get anywhere with this problem.

The appalling murder of Sarah Everard yet again highlights the fear and reality of male violence for all women. Femicide is at an all-time high; a woman is murdered by a male ex-partner every three days. These are not rare occurrences, as the police so often claim to justify the lack of priority given to the protection of women. The list of women killed by men since this Bill had its First Reading, read out by my noble friend, is surely testimony to that. Throughout the first lockdown. five women a week were killed by a male partner or ex-partner.

It is so striking that most of those men had a history of harming other women—yet there is no proactive risk identification or assessment or management of the perpetrators. Ministers attribute this, essentially, to poor practice. The noble Baroness, Lady Williams, has argued that offenders should be managed under MAPPA—but the reality is that domestic abuser and stalker cases are just not heard at MAPPA meetings; they are screened out as cases not seen as serious.

In a moving, courageous speech, the noble Baroness, Lady Brinton, referred to three cases. I want to talk about another one: that of Cherylee Shennan. Cherylee was stabbed to death outside her home by convicted killer Paul O’Hara in March 2014 in front of police officers who had been called to investigate reports of domestic abuse. She had suffered a broken nose, repeated facial bruising and a broken jaw at O’Hara’s hands. She was held hostage at knifepoint at least twice before O’Hara killed her.

O’Hara was previously given a life sentence in 1998 for killing ex-partner Janine Waterworth, but he was released on licence in 2012. He had other previous serious convictions for violence against women. He had been assessed in prison as displaying traits of psychopathy. At the time of his release, he was assessed as posing a serious risk to women. Despite his history, O’Hara’s risk was not required to be managed within MAPPA.

Cherylee’s family first suspected that O’Hara was abusing her when they saw her with serious facial injuries at a family gathering on bonfire night. At the time, Cherylee gave an alternative explanation for the injuries but, on 1 March 2014, she told her sister Ellen that it was O’Hara who had caused them, that he had also fractured her jaw and that he had held her hostage at knifepoint. She also told her sister his offending history.

The family called the police. Police officers attended what they believed to be an ongoing domestic violence incident, without any knowledge of O’Hara’s history. They discovered his history on doing a PNC check at Cherylee’s home, but they took no positive steps to arrest or risk-manage O’Hara. They also did not take a full account either from Cherylee, who was fearful of the consequences of police involvement, or from the family members present who could confirm the injuries.

Coroner James Newman published a “prevention of death” report, raising alarms over the lack of interagency communication between probation services and the police. In his findings, he questioned the role of MAPPA. He said that, following O’Hara’s release,

“there were no local MAPPA meetings, no inter-agency meetings and no significant inter-agency communications regarding the perpetrator, no detailing of his licence conditions, and no information regarding either his nature or the trigger factors of his offending. My concern is despite this, and the findings of the report, there is still no mandatory process for the sharing of information between agencies where the offender, despite a known extensive history of domestic abuse and identified trigger factors, is then managed at MAPPA Level 1.”

This is the tragedy of the current system. Chief constables apologise when these cases come to light and promise to do better, but history repeats itself time after time. The Government set great store by guidance; the police and probation services are awash with it, but it is not read, it has no teeth and very little has changed in 20 years. Serial perpetrators and stalkers are simply not visible or held to account, even though past behaviour is the best predictor of future behaviour. We know that they are transient; they seek to control the most vulnerable women and children, and if that includes moving across borders to meet their needs, they will do so.

There is no duty on the police to add any information or intelligence about a perpetrator’s previous offending to a local or national system; if information is put into the local system, it often lacks the detail required. The burden is placed on the victim and too often the perpetrator’s narrative is believed rather than the victim’s. As my noble friend said, how many times do we see the depressing response from the police that women in the wake of these terrible crimes should stay indoors at night for their own safety? It is as if it is women’s responsibility and, essentially, they are to blame.

My noble friend also referred to the 2014 to 2017 inspections by Her Majesty’s Inspectorate of Constabulary into the police response to domestic abuse perpetrators. The recommendations from these reports still have not been put in place locally or nationally. It is the same with homicide reviews. Why is that so? The reality is that domestic abuse and stalking responses are woefully underresourced. Misogyny and institutionalised sexism are rife and no amount of guidance will change that.

On data, the noble Baroness, Lady Grey-Thompson, is so right. Police forces do not have systematic ways of recording the same person, victim or perpetrator; hence, repeat victims or perpetrators are not spotted and no action is taken to protect and prevent. As she said, police forces do not share data systematically with each other apart from through the Police National Computer, which records only charges. The advice of LSE researchers Professor Tom Kirchmaier, Professor Jeffrey Grogger and Dr Ria Ivandic—which suggests that police forces should use machine learning predictions based on two-year criminal histories because it would be more effective—is ignored.

Last year, over 80 signatories, including charities such as Women’s Aid, Respect and Action for Children, as well as academics and individuals, called on the Government to invest in a perpetrator strategy. Nicole Jacobs, the designate domestic abuse commissioner said:

“I support the call on Government to publish a Strategy on Perpetrators of Domestic Abuse.”


As she said:

“Current prevention work is patchy and too often perpetrators go unchallenged and are not offered opportunities to change their abusive behaviour.”


If we are to better protect women and girls, the Government must act now to support these amendments and shift the focus onto the men who cause the fear, terror and violence. It is time, too, that we eradicated misogyny and sexism from our criminal justice system. It is time these dangerous domestic abusers and stalkers were registered and monitored in the same way as sex offenders, and that the victim’s right to safety and to live free of fear was realised and prioritised over an abuser’s right to freedom.