Non-fatal Strangulation and Suffocation

Baroness Newlove Excerpts

Thursday 8th July 2021 Lords Chamber

Asked by

[Baroness Newlove]

To ask Her Majesty’s Government what assessment they have made, if any, of (1) the number of non-fatal strangulation and suffocation incidents each year in England and Wales, and (2) the division of such incidents between (a) cases of domestic abuse, (b) cases of sexual violence, and (c) other situations.

[The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Wolfson of Tredegar) (Con)]

My Lords, while the Ministry of Justice holds significant information on offences, data is not collated centrally beyond registering the offence under which a defendant is prosecuted, convicted or sentenced. Non-fatal strangulation is not yet a specific offence, so it is difficult to identify how many people have been convicted of the various offences that can involve strangulation. Nor are strangulation offences likely to fit neatly into the categories of domestic abuse or sexual violence.

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[Baroness Newlove (Con) [V]]

[Inaudible]—and the new specific offence being introduced in the Domestic Abuse Act. Does my noble friend agree that assessing the scale of the problem is a priority so that the Government can be sure that there will be appropriate forensic, medical and other services for victims across England and Wales when the offence is introduced? Currently, forensic services tend to be available only when the attack is part of a sexual assault, and the majority of these attacks take place within domestic abuse, not involving sexual abuse. Does my noble friend therefore recognise that where there is forensic medical evidence, it should be documented and that already there are too few forensic medical services, so the new specific offence of strangulation and suffocation will require forensic services to be expanded?

[Lord Wolfson of Tredegar (Con)]

I did not hear the first part of my noble friend’s question but, on the point she mentions, we seek to capture data in an appropriate way. As I explained, we focus on the offence, so when the new offence of non-fatal strangulation comes into force, we will be capturing data for it and that will, of course, help the services that she mentioned to provide their work as well.

End-to-end Rape Review

Baroness Newlove Excerpts

Tuesday 22nd June 2021 Lords Chamber

[Lord Wolfson of Tredegar (Con)]

My Lords, it is not only Operation Soteria that we need to focus on. As part of Operation Soteria, we are working with pathfinder police forces to test the latest technology, including advanced analytics such as machine learning, to, for example, get data off phones as quickly as possible. We will certainly make sure that all police forces have access to the best technology available, so that all victims around the country can see the improvement that the Lord Chancellor and I—indeed, the whole Government—want to see in rape prosecutions. That will involve work not only with the police but with the CPS.

[Baroness Newlove (Con) [V]]

My Lords, there is much in this report that I could talk about and there are many questions but because of time and other speakers, I shall be brief. While I have the greatest respect for the Secretary of State for Justice, the right honourable Robert Buckland, I think this is a shameful report containing nothing that we did not know many years ago. As the former Victims Commissioner for more than seven years, I have met hundreds of victims of rape who have no confidence and would not expect other victims to go through the system. However, saying that, I am very happy to read about the role of ISVA as advocates to help victims of sexual abuse and rape. Their role is very important, so will the Minister say how they are going to be funded? Is it going to be through the Home Office, or does a costly fee have to be paid to become an ISVA? Can we have them as registered intermediaries so that they collect CPD credits and are professional right the way through? That will entail an advocate for the victims law later in the year.

[Lord Wolfson of Tredegar (Con)]

My Lords, my noble friend is quite right to mention the victims Bill, which is an important element in this debate. Of course, with her background, she is a strong advocate for victims in this area. She is absolutely right to focus on confidence. We want to make sure that victims have the confidence to go to the police, to stay engaged with the process and to give evidence. That is why all these issues, whether data from phones or Section 28, are all part of making sure that victims stay engaged with the process. On funding, as I mentioned there will be a consultation about statutory footing for ISVAs and I will refer her to that in due course.

Domestic Abuse Bill

Baroness Newlove Excerpts

Report stage
Wednesday 10th March 2021 Lords Chamber

Moved by

[Baroness Newlove]

19: After Schedule 1, insert the following new Schedule—
“SCHEDULE STRANGULATION OR SUFFOCATION: CONSEQUENTIAL AMENDMENTSPolice and Criminal Evidence Act 1984
1_ In section 65A of the Police and Criminal Evidence Act 1984 (qualifying offences for the purposes of Part 5 of that Act), in subsection (2), after paragraph (r) insert—“(ra) an offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).”Housing Act 1985
2_ In Schedule 2A to the Housing Act 1985 (absolute ground for possession for anti-social behaviour: serious offences), after paragraph 14 insert—“14A_ An offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).”Criminal Justice and Public Order Act 1994
3_ In Part 1 of Schedule 7A to the Criminal Justice and Public Order Act 1994 (offences in England and Wales for which cross-border powers of arrest available), for paragraph 24 substitute—“24_ An offence under either of the following provisions of the Serious Crime Act 2015— (a) section 45 (participating in activities of organised crime group);(b) section 75A (strangulation or suffocation).”Crime and Disorder Act 1998
4_(1) Section 29 of the Crime and Disorder Act 1998 (racially or religiously aggravated assaults) is amended as follows.(2) In subsection (1), after paragraph (b) (but before the “or” following it) insert—“(ba) an offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation);”.(3) In subsection (2), for “or (b)” substitute “, (b) or (ba)”.Youth Justice and Criminal Evidence Act 1999
5_(1) Schedule 1A to the Youth Justice and Criminal Evidence Act 1999 (proceedings in which witnesses are automatically eligible for assistance on grounds of fear or distress about testifying) is amended as follows.(2) After paragraph 29 insert—“Serious Crime Act 201529A_ An offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation) in a case where it is alleged that—(a) the accused was carrying a firearm or knife at any time during the commission of the offence, and(b) a person other than the accused knew or believed at any time during the commission of the offence that the accused was carrying a firearm or knife.”(3) In paragraph 30, after “paragraphs 1 to 8” insert “or 29A”.Sexual Offences Act 2003
6_ In Schedule 5 to the Sexual Offences Act 2003 (cases where sexual harm prevention orders may be made), after paragraph 63B insert—“63C_ An offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).”Criminal Justice Act 2003
7_ In Part 1 of Schedule 15 to the Criminal Justice Act 2003 (violent offences specified for purposes of certain custodial sentences), before paragraph 63G insert—“63FA_ An offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).”Domestic Violence, Crime and Victims Act 2004
8_ In section 6A of the Domestic Violence, Crime and Victims Act 2004 (evidence and procedure in cases of serious physical harm: England and Wales), in subsection (2), at the end insert—“(c) an offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).”Children Act 2004
9_ In section 58 of the Children Act 2004 (reasonable punishment: England), in subsection (2), after paragraph (c) insert—“(d) an offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).”Criminal Justice and Immigration Act 2008
10_ In section 98 of the Criminal Justice and Immigration Act 2008 (violent offender orders), in subsection (3), after paragraph (d) insert—“(da) an offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation);”.Modern Slavery Act 2015
11_ In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence for slavery or trafficking victims under section 45 of that Act does not apply), after paragraph 35 insert—“Serious Crime Act 2015 35A_ An offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).”Sentencing Act 2020
12_(1) The Sentencing Act 2020 is amended as follows.(2) In section 67 (assaults on emergency workers), in subsection (3), after paragraph (a) insert—“(aa) an offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation);”.(3) In Part 1 of Schedule 18 (violent offences for which extended sentence of imprisonment available), after paragraph 25 insert—“Serious Crime Act 201525A_ An offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).””Member’s explanatory statement
The new Schedule amends other legislation in consequence of the proposed new Clause in the name of Baroness Newlove that provides for an offence of strangulation or suffocation.

[Baroness Newlove (Con) [V]]

My Lords, the amendments in this group are government amendments tabled in my name. The principal amendment in this group is Amendment 49, which is also in the names of the noble Baronesses, Lady Wilcox and Lady Meacher. Amendments 19, 89, 95, 98, 100, 101 and 106 are consequential amendments. Amendment 49 establishes a specific offence of strangulation or suffocation. My noble friend the Minister has added his name to this group of amendments and has indicated to me the Government’s support for them. I thank my noble friend and welcome his support.

I am grateful to the Government for listening to this House and to the many organisations which have worked tirelessly for this vital change. I thank especially the women who have shared with me and other organisations their horrific experiences of strangulation and suffocation; this has helped make the case for this change in the law. One such woman is Rachel Williams. Rachel was strangled and then later shot by her partner. She was severely injured. I put on record my thanks to her for her tireless work in getting this offence recognised, as well as in supporting other victims through the organisation she has set up, Stand Up to Domestic Abuse. This year, 2021, is the year when we can be so proud to say to the thousands of victims and survivors who have suffered from this brutal act, and to their families, that your Lordships’ House is making this change.

I also pay tribute to all those who have worked side by side with me since Committee to ensure that a suitable amendment came together, as we have in front of us today. They include my successor as Victims’ Commissioner for England and Wales, Dame Vera Baird; the domestic abuse commissioner designate, Nicole Jacobs; the noble Lords, Lord Marks, Lord Anderson, Lord Blunkett and Lord Trevethin and Oaksey, and the right reverend Prelate the Bishop of London. Last but not least, I give a huge thank you to Professor David Ormerod. I am most grateful to all noble Lords around the House who have indicated to me their full support during the debates that we have had.

I know that I would not have got here without the incredible work of Nogah Ofer and the Centre for Women’s Justice, and Dr Cath White, the clinical director of SAFE Place Merseyside, whose detailed research and understanding of these cases has produced a strong case for reform. I am very conscious that they have done much of this work in their own time and my thanks go to them personally as well as to their organisations. Moreover, the work of the charity Advocacy After Fatal Domestic Abuse has been pivotal in getting us here today. I have huge respect for the chief executive Frank Mullane, who works tirelessly to help support traumatised families and ensures that professional training is given towards understanding domestic homicide reviews.

It is now accepted that our existing laws on assault are a very poor fit for strangulation and suffocation. Current laws focus on visible injuries, but with strangulation and suffocation there can be a high level of violence but few or no visible marks. Having a stand-alone offence will make assessing cases much more straightforward for the police as well as prosecutors. Implementation will be crucial. There will need to be appropriate training for police officers, the CPS, medical staff and domestic abuse workers. This will, of course, need financial resourcing. However, such investment into stopping domestic abuse at the very first opportunity will save countless lives of misery and the far greater costs of addressing further horrific crimes, including homicides, as well as suicides where domestic abuse is a factor. Implementation needs to be thorough and consistent across England and Wales.

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The Government are happy to agree that the amendments now address those points while ensuring that crimes of strangulation or suffocation can be prosecuted, with the perpetrators of such crimes more readily brought to justice. I therefore join my noble friend in commending these amendments to the House.

[Baroness Newlove (Con) [V]]

My Lords, I thank everybody in the Chamber and speaking virtually for their very kind words. This is the first Bill I have been completely involved with and I have been blown away by the experience, knowledge and huge support I have received from each and every noble Lord.

I thank my noble friend the Minister and my noble friend Lady Williams because they have truly listened and taken everything that has been discussed on board. I am not a lawyer or barrister so I thank those I call my “legal eagles”— I mean them no disrespect by that —who have the brains to narrow this down and support the victims of this horrific and violent offence.

I have goosebumps about what has been said. I think the best words were from the noble Lord, Lord Blunkett, when he said that this shows the House at its best. When we listen, we learn, and we can resolve to get what is needed for the victims on the ground. I especially thank the noble Baroness, Lady Meacher, who has been by my side throughout this passage of the Bill. I appreciate her expertise and, more importantly, her support. I also thank the back-room staff and the government lawyers, who have worked really quickly for us to get to this point today.

To all the victims and survivors who have challenged for change to get this support for many years, I say: this is your day, you are the heroines of what we are discussing. All of us across the Chamber, no matter our political party, have achieved the very best we can for you on strangulation and suffocation. It is for you, the victims of these horrific offences, that I urge all noble Lords to support these amendments.

The one thing I would like to ask—and the best thing I have always said throughout my journey—is that we treat victims and survivors with dignity and respect. One of the sincerest forms of respect is listening to what another has to say, to hear them and help them, so that they will no longer struggle on a daily basis as we progress this Bill. I hope that noble Lords will support these amendments.

Amendment 19 agreed.

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Moved by

[Baroness Newlove]

49: Before Clause 65, insert the following new Clause—
“Strangulation or suffocation
(1) In Part 5 of the Serious Crime Act 2015 (protection of children and others), after section 75 insert—“Strangulation or suffocation75A Strangulation or suffocation(1) A person (“A”) commits an offence if—(a) A intentionally strangles another person (“B”), or(b) A does any other act to B that—(i) affects B’s ability to breathe, and(ii) constitutes battery of B.(2) It is a defence to an offence under this section for A to show that B consented to the strangulation or other act.(3) But subsection (2) does not apply if—(a) B suffers serious harm as a result of the strangulation or other act, and(b) A either—(i) intended to cause B serious harm, or(ii) was reckless as to whether B would suffer serious harm.(4) A is to be taken to have shown the fact mentioned in subsection (2) if—(a) sufficient evidence of the fact is adduced to raise an issue with respect to it, and(b) the contrary is not proved beyond reasonable doubt.(5) A person guilty of an offence under this section is liable—(a) on summary conviction—(i) to imprisonment for a term not exceeding 12 months (or 6 months, if the offence was committed before the coming into force of paragraph 24(2) of Schedule 22 to the Sentencing Act 2020), or(ii) to a fine,or both;(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or both. (6) In this section “serious harm” means—(a) grievous bodily harm, within the meaning of section 18 of the Offences Against the Person Act 1861,(b) wounding, within the meaning of that section, or(c) actual bodily harm, within the meaning of section 47 of that Act.75B Offences under section 75A committed outside the United Kingdom(1) If—(a) a person does an act in a country outside the United Kingdom,(b) the act, if done in England and Wales, would constitute an offence under section 75A, and(c) the person is a United Kingdom national or is habitually resident in England and Wales,the person is guilty in England and Wales of that offence.(2) In this section—“country” includes territory;“United Kingdom national” means an individual who is—(a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,(b) a person who under the British Nationality Act 1981 is a British subject, or(c) a British protected person within the meaning of that Act.”(2) Schedule (Strangulation or suffocation: consequential amendments) contains consequential amendments.”Member’s explanatory statement
This amendment provides that it is an offence for a person to strangle another person, or to commit any other kind of battery against a person that affects the person’s ability to breathe (such as covering the person’s mouth or nose or sitting on the person’s chest). The maximum penalty for the offence is 5 years’ imprisonment.

Domestic Abuse Bill

Baroness Newlove Excerpts

Committee stage & Committee: 5th sitting (Hansard) & Committee: 5th sitting (Hansard): House of Lords
Monday 8th February 2021 Lords Chamber

[Baroness Hayman (CB) [V]]

My Lords, given the excellent speeches that have already been made in support of these two amendments, I can be brief in supporting Amendment 149. The noble Baronesses, Lady Lister and Lady Burt, and the noble and right reverend Lord, Lord Harries of Pentregarth, have all made a cogent case for aligning the definition in Section 76 of the Serious Crime Act 2015 of those to be protected from coercive control with the much better and wider definition in the current Bill, so that victims of coercive control are protected post separation.

As I said at Second Reading, my interest in this issue arises from my experience as patron of a domestic abuse charity in Norfolk which helps support women and men who have left abusive relationships to rebuild their lives and their confidence. The work it does has made me very aware of the destructive effect ex-partners can have, even from a distance and long after separation.

Together with that experience, as others have said, I am grateful for all the briefing we have received from various organisations and charities. My particular gratitude goes to Cassandra Wiener from the University of Sussex, for having so clearly set out the way coercive and controlling behaviour, particularly—but not exclusively—economic abuse, can continue after the abusive partner has left; indeed, how the act of leaving itself can be a trigger for increasing the abusive behaviour, as the noble Lord, Lord Paddick, so powerfully described in his very brave and moving speech.

The argument that the Protection from Harassment Act 1997 is the appropriate way to deal with a problem that the Government themselves recognise is simply not acceptable. Earlier, reference was made to the need to beware of adding baubles to a legislative Christmas tree. This amendment is no bauble. It goes to the roots of this legislation: the aim that we should provide comprehensive protection for all victims of all forms of domestic abuse from all types of that abuse. I urge the Government to support it.

[Baroness Newlove (Con) [V]]

My Lords, we have heard excellent speeches this evening, so I do not want to cover what has already been so excellently spoken to in the Chamber. I support Amendment 149 and I am very grateful to the noble Baroness, Lady Lister, for bringing this to the Committee. As the Victims’ Commissioner for over seven years, I met many survivors and victims of economic abuse. To sit side by side with someone and listen to their experience of abuse or, if not an abusive relationship, the use of coercive control to persecute them financially is a heart-breaking situation when your hands are tied.

I am very grateful, as many noble Lords have said, for lots of briefing but especially to Surviving Economic Abuse. Its briefing was outstanding, and I would like to highlight just some points as I know it is going to be a long night. One in four women reports experiencing economic abuse after leaving the abuser. In fact, given that economic abuse does not require physical proximity, as we have heard, it commonly continues, escalates and in some cases may begin after separation. This creates a significant barrier to the victim rebuilding their life. This is an horrendous attitude—the way that abusers absolutely pincer their victims.

To help people fully understand, I will quote a case study from Surviving Economic Abuse in support of this amendment. It says:

“Layla was married for over 20 years and has three children. Her husband was controlling and coercive throughout the marriage both economically and emotionally, pressurising her to transfer money to his bank account and forcing her to let him use the credit card she had in her sole name. He ran up debt on her credit card and, after separation, forced her to release hundreds of thousands of pounds of equity from the mortgage. Layla continues to pay debts he has put in her name, including bank loans of £70,000.”


We are not talking pocket money here. These are huge amounts that prevent victims repairing their lives.

It is so important that this amendment is made to the Domestic Abuse Bill as other Peers have covered other sections of the Serious Crime Act. More importantly, this would send a message to other abusers in relationships where a divorce is sought and coercive control carries on and on through the financial settlement while, to the victim’s cost, the debt escalates and escalates. I know this from the personal experience of friends, victims and survivors. We have to ensure that we make this amendment to the Bill to send a message that this is taken seriously, and to empower victims by ensuring that they know that we support them, listen to them and will help protect them from the people who cause them to go into debt.

Domestic Abuse Bill

Baroness Newlove Excerpts

Committee stage & Committee: 4th sitting (Hansard) & Committee: 4th sitting (Hansard): House of Lords
Wednesday 3rd February 2021 Lords Chamber

[Baroness Newlove (Con) (V)]

My Lords, I shall speak to Amendment 114. As the noble Lord, Lord Rosser, has just said, it is purely a probing amendment concerning the need for additional safeguards in cases where a conviction or caution has been spent. It seeks to build on the excellent proposals championed by the Government to protect the survivors of domestic abuse from being cross-examined by their perpetrators in the family court. As the former Victims’ Commissioner, I sadly heard directly from abuse survivors who had endured the pain, humiliation and re-traumatisation of being questioned on the stand by their abuser, and I am glad that we are putting an end to this blatantly abusive practice.

None the less, I am concerned that the current provisions overlook a scenario that we are likely to see in the family courts. Clause 63 does not currently apply to a conviction or caution that is spent. This is for the purposes of the Rehabilitation of Offenders Act 1974. I understand the motivations behind not further punishing an offender past the time when they are considered rehabilitated, yet we know that domestic abuse involves patterns of behaviour that will not necessarily be interrupted or indeed stopped by a conviction. Thanks to data from SafeLives, we know that a quarter of high-harm perpetrators are repeat offenders, with some having at least six different victims. In other parts of the Bill, we will debate the need for an effective perpetrator strategy that will undoubtedly seek to improve our interventions post conviction.

Proceedings in the family courts can go on for years and may well continue past the time when a conviction or caution has been spent, especially if other convictions or cautions occurred. However, unless some sort of intervention has been made with the perpetrator, the risk could well remain. I raise this scenario to suggest not that we should further punish, but that such risks have not been fully considered. If there was one key takeaway from the Ministry of Justice Expert Panel on Harm report, it was that there are systemic issues with how risk is identified and managed in the family courts in relation to domestic abuse.

I therefore ask my noble friend the Minister whether he considers that the proposals in the Bill as drafted will ensure that such risk is properly managed in cases where convictions or cautions have been spent. I suggest that this provision needs to be reviewed and that extra safeguards such as risk assessments should perhaps be introduced in such cases.

[Baroness Redfern (Con) (V)]

My Lords, I am pleased to follow my noble friend Lady Newlove and I warmly congratulate the Government on introducing the Bill. In doing so, I am pleased to have the opportunity to voice my support for its aims, in particular the proposals to reform the family court and provide protection measures for victims suffering domestic abuse. Even going to court is a harrowing and daunting process which can cause significant distress when a victim comes face to face with their perpetrator, even when the engagement is indirect. Measures must be in place to ensure the provision of separate entrances to the court building, as we heard earlier, and separate waiting rooms.

We know that domestic abuse comes in many traits. It is based not only on physical violence but on emotional, coercive, controlling or even economic abuse. Perpetrators of abuse should be inhibited from cross-examining their victims in person. Perpetrators should be prevented from directly or indirectly engaging with a victim during family court proceedings, particularly as many victims fear false accusations of parental alienation, which clearly has prevented many telling their personal stories. Protective screens in a court setting help to shield victims from their alleged abuser and prevent intimidation, as do live links, evidence-giving in private and greater emphasis on reassuring abuse victims, particularly children, who are always victims. These new measures will help to achieve the best result for those children.

Having received many briefings and personal testimonies, victims eagerly await new protective measures, so that the reporting of victims being re-victimised and retraumatised within the family court setting is stopped. The Bill must deliver a once-in-a-lifetime opportunity to transform our national response for domestic abuse victims and, in achieving the right support for those victims, will go a long way to helping them rebuild their lives. Importantly, they will be listened to.

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Finally, I take this opportunity to put on record my thanks to the London victims’ commissioner and her team. Their work has been important in getting some of the issues to which I have referred heard.

[Baroness Newlove (Con) [V]]

My Lords, I support measures to improve the safety of family court proceedings for survivors of domestic abuse and their children so will use my time to speak to Amendments 132 and 135.

Amendment 135 would offer victims of domestic abuse transparency about their right to appeal in the family courts. It would not introduce a new right to appeal; rather, it would make victims aware of the existing rights that they can exercise. As someone who has navigated the justice system, I can attest to how overwhelming and disempowering it can be. Basic information about the most fundamental rights is often not communicated properly. In fact, it is never known until many years later. This is particularly worrying when there are time limits on accessing rights, as is the case with appeals in the family courts, where you have 21 days unless the judge has specified otherwise.

These issues are only deepened when you are without legal representation. Following legal aid reforms in 2013, most private-law children cases now involve at least one litigant in person. Research has shown how the challenges of self-representation are particularly pronounced in cases involving domestic abuse, a fact reflected in the Ministry of Justice’s harm panel report. Indeed, I have heard from many survivors of domestic abuse who have represented themselves in court and have felt that their abuse was dismissed or misunderstood and that the fact-finding procedures, such as practice direction 12J, were not followed. None of them was aware of their right to appeal.

The Court of Appeal has recently heard evidence from four linked cases and will consider the family court’s approach to domestic abuse. During these proceedings, the President of the Family Division, Sir Andrew McFarlane, noted his surprise that systemic issues have been identified with how the courts handle domestic abuse as so few cases are appealed. Many factors will inform a decision to appeal, including financial limitations and emotional strain. However, from the survivors of domestic abuse whom I have spoken to, it appears that one of the biggest factors is the lack of awareness that such an avenue is available to them. The President of the Family Division has been clear that the appeals process is the correct mechanism for examining the courts’ approach to domestic abuse. This amendment would help that to become a reality on the ground.

Amendment 132 would place a duty on courts to share information about proceedings involving the same victim. It is something that we know should happen, but unfortunately it often does not. Again, I point to the Ministry of Justice’s harm panel report and the recurring issue of the family courts not adequately managing risk. The report specifically acknowledged the courts’ failure to identify abuse through repeated court applications. The criminal courts can often offer crucial information that would give family judges a clearer picture of risk in a case—for example, where protective orders, such as restraining orders or non-molestation orders have been granted. The Suzy Lamplugh Trust recently estimated that 38% of its domestic abuse and stalking casework clients who are in the family courts have some form of protective order—a restraining order, non-molestation order or stalking protection order—against the perpetrator. Equipping judges with this information would support them to better identify abusive dynamics and provide some contextual evidence when suspected repeated and vexatious applications are being made.

The second half of the amendment is designed to address these repeat applications. While barring orders technically exist to allow intervention on such behaviour, the reality is that they are rarely used. The Ministry of Justice’s review heard evidence from a specialist organisation which was not aware of any barring orders being made in the child sexual abuse cases it had supported, even when there had been a conviction and the abusive parent had made multiple applications for child arrangement orders or variations. In the Government’s implementation plan, there was a commitment to urgently review the use of barring orders and to consider them for inclusion in this Bill, so I ask my noble friend for an update on this commitment.

[Baroness Hamwee (LD) [V]]

My Lords, I feel slightly embarrassed to be coming in ahead of the noble Baroness, Lady Helic, who has her name to one of these amendments. I look forward to hearing what she has to say.

I think—and I apologise if I have this wrong—that on Monday it was said from the Government Front Bench that refuge addresses were never disclosed. We need to allow for human error and human ingenuity. We have previously touched on how many victims have moved away from their home area in order that their whereabouts will not be discovered but, as we have also heard, abusers can be determined. So much of the issue is about power and control, so it is not difficult to see that an abuser might do everything to track down a victim. The noble Baroness, Lady Bertin, referred to the prevalence of stalking. Knowing that a victim has moved to a refuge must be a red rag to some bulls. The dangers are not only to the victim of that abuser but to other occupants of the refuge. I am aware of situations where others have been endangered, including the children of the occupants, as well of course as the children of the victim and of the abuser, themselves victims. What must a child think when they are uprooted by Mummy, told that they are going somewhere where Daddy cannot get at them, and then Daddy appears? The noble Baroness, Lady Bertin, also referred to the horror stories on which I have been briefed.

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Moved by

[Baroness Newlove]

137: After Clause 65, insert the following new Clause—
“Offence of non-fatal strangulation or suffocation
(1) A person (“A”) commits an offence if that person intentionally strangles or suffocates another person (“B”), where the strangulation or suffocation does not result in B’s death.(2) A strangles or suffocates B if A impedes B’s breathing, blood circulation, or both, by doing any of the following (manually or using any aid)—(a) blocking B’s nose, mouth, or both; or(b) applying pressure on, or to, B’s throat, neck, chest or more than one of these.(3) A person guilty of an offence under this section is liable—(a) on summary conviction—(i) to imprisonment for a term not exceeding 12 months (or six months, if the offence was committed before the coming into force of paragraph 24(2) of Schedule 22 to the Sentencing Act 2020), or(ii) to a fine, or both;(b) on conviction on indictment, to imprisonment for a term not exceeding 7 years, or to a fine, or both.”

[Baroness Newlove (Con) [V]]

My Lords, Amendments 137 and 138 are in my name and the names of the right reverend Prelate the Bishop of London and the noble Baronesses, Lady Meacher and Lady Wilcox. I thank them for working with me on this, as have the noble Lords, Lord Marks, Lord Anderson, Lord Blunkett, Lord Trevethin and Oaksey, and others. I am most grateful to all noble Lords who have indicated their support to me. I am also grateful to the Government for listening to the arguments put forward on Second Reading and for meeting my colleagues on this.

I welcome the Lord Chancellor’s announcement that he wants to see this offence on the statute book, with a maximum sentence of seven years. The Government are minded to include the offence in the police, crime, sentencing and courts Bill rather than this one. I will argue that it sits best in this Domestic Abuse Bill; I very much welcome the Government being open to discussions on where it should sit and on the wording of the amendment.

This new offence should be in this Bill because it is concentrated in domestic abuse cases. One police force recently assessed a random sample of its cases featuring strangulation and found that 80% were intimate partner violence while 20% were other family abuse cases. This is clear evidence that this crime features predominantly within domestic abuse. It is important that this offence is regarded by the police and prosecutors as part and parcel of the criminal justice response to domestic abuse. Having it in this Bill will enhance the understanding that this type of offending is very much about domestic abuse. It is an offence used to frighten and have control over a person.

The amendments I am proposing would each add a new clause to the Bill to establish an offence of non-fatal strangulation or suffocation. Amendments 137 and 138 are alternatives. The first refers to all non-fatal strangulations or suffocations; the second limits the offence to those where the victim and perpetrator are personally connected, as defined in Clause 2. If the first amendment fails, the second will be next best. The first, Amendment 137, is preferable, as it would protect more women—for example, those attacked by acquaintances or strangers and those in a more casual dating situation.

Some might argue that as the Bill is for domestic abuse only, Amendment 138 should be considered. However, there are two reasons I urge noble Lords to accept the first alternative. First, it is consistent with the Istanbul convention, which forms part of the policy context of this Bill. The Istanbul convention sets out to prevent and combat violence against women in all situations, as well as to tackle domestic violence. The wider amendment is consistent with this. Secondly, the Government’s amendment, described as the “rough sex” amendment, introduced in the other place and now in the Bill as Clause 65, is rightly not limited to people who are personally connected. It covers any situation, as the Government accepted this was an opportunity to address such harm more widely. The same logic applies for non-fatal strangulation or suffocation, which affects 20,000 victims every year in the UK.

As noble Lords can imagine, being strangled is terrifying. Fear of imminent death is a primal fear—we can all imagine that—and victims of these attacks are right to be fearful. Less pressure than it takes to open a canned drink stops blood flowing to the brain. Loss of consciousness quickly occurs, normally in as little as 10 to 15 seconds. Incontinence of urine tends to happen at around 15 seconds and bowel incontinence at around 30 seconds. A strangulation can quickly be fatal if it triggers a heart attack, in which case death can occur within a few seconds.

When a strangulation is survived the victims may have other health problems, such as a fractured trachea, internal bleeding, dizziness, nausea and tinnitus. A break in the flow of oxygen to the brain causes neurological problems such as memory loss, facial droop and an increased risk of miscarriage—even a stroke several months later, as a result of blood clots. Many of these medical effects would come as a surprise to most members of the public, including the police, who therefore do not understand the seriousness of these crimes. Similarly, survivors of domestic abuse may not realise the true dangers they face.

--- Later in debate ---

I am conscious that I have not been able to go quite as far as my noble friend Lady Newlove and other Members of the Committee would like this evening. I hope that she will bear with me and with the Government. I will keep her informed and updated on progress. In light of what I have said this evening in the clearest terms that I can at this stage from the Dispatch Box, I hope that she is content to withdraw her amendment.

[Baroness Newlove (Con) [V]]

My Lords, I thank everyone who has spoken in support of these amendments. It has been quite emotional listening, and I am very grateful for the praise, but it goes to the great team behind me. I also pay tribute to my noble friend Lady Bertin for her contribution, which was quite personal. As someone who has gone through the criminal justice system and who knows what it feels like to speak from the heart, I thank her.

I was very grateful to the Minister for his winding-up speech and his answers to questions. I agree with the noble Lord, Lord Blunkett, that he seems to be a very good listener, and I am very grateful for that, but when one listens to judgments, which I have done in the appeal court, one always needs to pay attention to the last few paragraphs. I am a little disappointed because I heard words that seem to go far away from what the amendment seeks to do in this important Domestic Abuse Bill. The Minister suggested that he had concerns that seven years’ imprisonment exceeded the maximum penalty for GBH. The amendment suggests seven years as a maximum as that is what the Secretary of State for Justice said would be appropriate. It is the maximum for the offence, given its coercion and control elements, and it may well be appropriate to have a higher maximum penalty than for grievous bodily harm.

The amendment covers instances of putting a knee on a person’s throat, as it covers applying pressure to a person’s throat. These examples demonstrate that we have thought very carefully about these amendments. I agree that we can work together and look at the right amendments, but I feel that we are now looking at non-fatal strangulation being placed further down the legislation programme in a police and sentencing Bill. The commitment is a very grey area because it can go on for as long as a piece of string. I ask noble Lords to bear with me as I am not a lawyer, so I do not speak in that terminology. I come from passion and from going through the system and listening to victims and survivors of this horrendous crime.

I have listened to the Minister. He is a good listener and a careful lawyer; that is what the survivors of this horrendous, repugnant offence want him to be. I ask the Government to place non-fatal strangulation in the correct Bill—and the correct Bill is the Domestic Abuse Bill. I do not want any more blood on my hands knowing that non-fatal strangulation is going to have to wait to go into another Bill. How will the Government face families who have lost a loved one when strangulation has been a pattern in a relationship? At this stage I will withdraw the amendment but, if we can make more progress before the next stage, it would be welcome. I draw attention to the fact that I may test the opinion of House on Report, because this matter has to sit in the Domestic Abuse Bill, for all the survivors listening to this debate. I beg leave to withdraw the amendment.

Amendment 137 withdrawn.

Legal Aid, Sentencing and Punishment of Offenders Bill

Baroness Newlove Excerpts

Tuesday 20th March 2012 Lords Chamber

[Lord Brooke of Alverthorpe]

I, too, welcome the Government’s statement. I am one of those who have been on this journey since we commenced it in the Police Reform and Social Responsibility Act 2011. Like the noble Baroness, Lady Browning, I want to express my support for and gratitude to the noble Baroness, Lady Finlay. Her single-mindedness and determination have been extraordinary. She has been willing to accommodate the objections that come along, and on the route she has brought together a wide range of supporters for this change, not the least of which is the mayor’s office. Over the period people have quite significantly adjusted their responses.

The noble Baroness, Lady Browning, was also an important part of this process. I agree with what she has just said about how we should move forward with the Government. I also thank the Government for having shifted their position over the past few months. I believe that they have now presented to the House a workable set of propositions. They will be implemented on a trial basis, but they embark on an entirely new approach and are unlike anything we have tried before. It is probably the first time that the word “sobriety” has been used in legislation in this way. I may be wrong on that, but I certainly have not seen it while I have been here over the past decade. It gives us a platform on which we can try to build in the future.

I also congratulate the Government on bringing forward these proposals in advance of publishing their strategy on alcohol. How many times are we given papers and strategies, but not the teeth to accompany them? Yet in this instance the Government are taking action in advance of the words that no doubt will follow when the paper is produced. I think that people across the whole Chamber are very pleased indeed with the progress that has been made over the past months. We look forward to seeing how the trials pan out. They may need to be adjusted, but they will provide the Government and magistrates around the country with a new tool to help us tackle the pernicious problem of the abuse of alcohol.

[Baroness Newlove]

My Lords, I will not go on for too long because others have covered the issue. I welcome the Government’s take on this, and obviously I want to congratulate the noble Baroness, Lady Finlay, on her hard work. Her foot has been flat down on the pedal. As someone who has suffered and who is passionate about making a change in our society, I am really grateful for these pilots. As we have just heard from the noble Baroness, after 10 o’clock at night 80 per cent of all crime is alcohol-related. My husband was attacked at 10 o’clock, so I reiterate that this is very important.

I welcome these pilots, but as we have just heard, they are only pilots. However, we have to think outside the box. They are risky, but risks can be turned around. It is important that we do not wait for more victims and families to lose loved ones. We must do what we say on the tin and make communities feel safe and be happier places to live in. I receive many letters from people who hide behind their doors because they are scared of what they are going to face outside. I live with that every day and I want to make sure that we tackle this problem. I am very interested in these pilots and I wait with bated breath to see what they do.

Even the magistrates welcome this development; I have spoken to magistrates in two areas. Also, offenders will be helped to turn their lives around. Even so, their lifestyles are no justification. Drugs and alcohol are no defence for murder, but when it comes to sentencing they are seen as mitigating circumstances along the lines of, “Oh but for the alcohol”. We have to stop justifying alcohol abuse and make changes for the better. I really welcome these amendments from the Government.

[Lord Avebury]

My Lords, I also want to echo the warm congratulations which have been expressed to the noble Baroness, Lady Finlay, on achieving some nine-tenths of what she set out to do in her original amendment. She is quite right to suggest to your Lordships that we should accept the Government’s solution, which omits the “offender pays” part of her original scheme. However, ultimately we will need to consider whether offenders should be made to pay some of the costs that they impose on the community—not specifically in the context of alcohol-related offences, but perhaps over a broader area. I see no reason why “offender pays” schemes should not be considered in a more general way, if not in the context of these particular amendments.

It is excellent news that London is to be one of the pilot areas, considering the huge burden that alcohol-related crime imposes on the capital’s health and criminal justice systems. According to the London health improvement board, the capital suffers a higher rate of alcohol-related violence—particularly sexual violence—than the rest of England, and the total annual cost of the health and social impacts of alcohol misuse to the capital is a staggering £2.46 billion. The more robust the measures for tackling this appalling waste of financial and human resources, the better it will be.

Legal Aid, Sentencing and Punishment of Offenders Bill

Baroness Newlove Excerpts

Monday 21st November 2011 Lords Chamber

[Baroness Newlove]

My Lords, I have listened with great interest to the debate, which so far seems mostly about legal aid. I cannot comment knowledgeably about that, but I want to speak about what I know. I stand with a great weight of expectation on my shoulders as I speak out for victims of violent crime. I cannot hope to represent all the different views held by this group, but I will try. Many good and honest people, through no fault of their own, have entered the criminal justice system as victims. I add my own and my daughters' personal and eye-witness experiences as victims of the violent teenage gang that left my husband Garry dying in a pool of his own blood.

I support these innocent, grievously wounded people, and I speak also for Garry and the many others, deeply loved and missed, who are silenced for ever. This Bill has the capacity to right many wrongs and bring real justice. The coalition Government's strong sentencing package will make a huge sea-change reform of our justice system. It will ensure that criminals are punished for their crimes and made to face up to the causes of that criminality, and it will restore public confidence in our criminal justice system. I ask you to listen with your heart as well as your ears and minds. There but for the Grace of God go you.

I am grateful and humbled by the Minister saying on record that the victim will be at the centre of these reforms. I thank my noble friend. Our criminal justice system needs overhauling. Our jails and young offender units are full and overflowing. The system is creaking at the seams and not working when we see the depressing and costly figures of reoffending. Many people locked away are not violent, but others who can cause hurt have their freedom. It is shocking that about half of all prisoners reoffend within a year of release; 74 per cent of young people sentenced to youth custody and 68 per cent of young people on community sentences re-offend within a year. Something is broken and needs urgent fixing.

The scales of justice are tipped too far to the rights and needs of the offender. They must be balanced towards the victim; or, if their lives have been cruelly taken from them, then towards the families left behind. They should have a say in the sentencing, parole and probation of offenders. Although the argument rages between rights of victim and offender, there is another interested party to this; the public. Victims were the public once. Anyone can join our terrible club in a heartbeat. Membership is lifelong and unwanted. Lives will always be affected by the violence they never asked for.

We need to restore public confidence in the judicial processes, to look at the proposals put forward in this Bill and why we must make these changes. Offenders are not victims. Please do not patronise and disrespect us by confusing the two. Mitigating factors of background, bad parenting and social circumstances can influence an individual to commit terrible crimes, but this can never be a cloak to excuse criminal behaviour. Ultimately it is down to individual choice and we must do all we can to inform, educate and, if that fails, enforce common laws of acceptable behaviour. That is how a just and strong society functions. The will and actions of every individual must support and nurture the community. It protects the weak and defenceless, the young, aged and those with disabilities and learning needs. For without the common goals of strong values, self-respect and self esteem, we turn feral. We become a society that looks to self-gratification, to thinking me, me, and mine, mine. That takes out and does not put back in; grabs and steals but does not earn; tramples everyone that stands in the way of getting what we want; and passes these wrong behaviours to the next generation. In this downward spiral we risk never releasing the compassionate good that is within every one of us.

I do not speak from a vengeful and bitter platform. What has happened to my family and so many like us will be with us for ever. We cannot turn back the clock. What victims want is that it does not happen to anyone else. The suffering we experience cuts to our very hearts. My daughters will never have their father walk them down the aisle on their wedding day. My grandchildren will have to be content with photos and stories about the grandfather they will never see. Birthdays, anniversaries, Christmas, the back of a head in a crowd which is so familiar, the words or tune of “our song”—I cannot describe the physical pain which strikes unexpectedly and ferociously; words do not exist.

I welcome the Bill’s promise to simplify, release and recall arrangements and clarify the statutory duty to explain a sentence. Again, it must be clear and easily understood and accessible by the public. It must not be lip service. Communication is vital for everyone to understand our criminal justice system and the Bill promises to strip out unnecessary clutter. The government support of approximately £50 million to the victims' voluntary sector this year was a real commitment to rebalancing the criminal justice system. Extra funding for the homicide services and a redirection of offender surcharge and earnings are all steps in the right direction.

The Bill looks to encourage the use of compensation orders. This should be mandatory and paid directly to the victim involved or, where refused, the money should still be deducted and retained for other victims. Focusing on punishment for the perpetrator will help them to recognise and accept the wrong they have committed against others. This could well have a positive effect on reoffending. It will certainly appease the general public who are unhappy to learn that offenders can get away with working just six hours a week. A consultation document on victims’ services will be published soon by the Ministry of Justice and I look forward to the public's chance to influence policy-makers. The victims’ code should focus on sharing information and offer complete transparency. I recommend that we should explore new technology to help us in the fight against criminal behaviour and offender management. The public will accept community orders as long as they feel that they are safe and are guaranteed that offenders are not left to roam free but are properly monitored and put to real work.

Tomorrow I will look at a new GPS-linked UK tagging device called Buddi Tracker. This has an impressive record of stopping repeat breaking of parole conditions. It could help in the fight against organised gangs as tracker devices can alert when two or more banned individuals try to get together. While I believe in localism and returning power to local communities and agencies, I am also very afraid that we risk losing consistency in supporting victims by handing over these services completely. There needs to be an umbrella organisation so that, no matter where you live, the same platinum service is delivered to support victims and encourage witnesses to testify.

The annual three-year grant funding of £38 million to Victim Support, with its roots embedded in communities and supported by local volunteers, is to my mind a good thing. I shall be speaking next month at the first meeting of a victims’ alliance of charities and the support networks for victims of homicide brought together by Victim Support. I hope that everyone in this sector puts aside their minor disagreements and joins to make this a powerful force for good, sharing best practice, avoiding duplication and acting as a central source of comment so that reform of the criminal justice system can be better joined-up.

The Bill promises to tackle reoffending by young people so that the young offenders of today do not become the hardened career criminals of tomorrow. I recently visited the West Midlands to see a police initiative which is driving down anti-social behaviour by bringing young offenders and victims together to thrash out their differences in a safe, controlled environment. It is very early days but the initiative holds great promise and similar avenues of restorative justice should be explored. Success builds community trust in the police and empowers victims while exposing offenders to the suffering that they cause. This can stop minor bad behaviour escalating to dangerously high levels, as I know only too well.

Outrageous stories of foreign nationals abusing our hospitality while using human rights to stay and cause terrible harm to our citizens are shocking. The Bill promises to do what we all clamour for—remove them from our shores at the earliest possible moment and keep them out. Possessing a bladed article in a public place is already an offence. The new custodial sentences are welcome, but the message must be clear that no one should carry a knife in a public place without good reason; for example, for use in their job. It is the wrong message to send that unless someone threatens or endangers another it is okay to carry a knife. We must speak out loudly and impose harsh deterrents to reinforce the message to prevent anyone of any age carrying a knife. By setting an age limit, those under it will be coerced or bribed into carrying for their elders.

May I ask noble Lords to join me in conveying a huge thank you and get well soon message to the four brave police officers who were stabbed in the line of duty yesterday in north London? Our officers get up each morning, kiss their loved ones goodbye and walk into the unknown—a violent and unpredictable world. There is no guarantee that they will return unharmed, as this latest knife attack reminds us all. That is why we have to get knives off our streets, to limit the risk to them and us.

Finally, I want to comment on the review of the IPP sentencing to make this easier for the public to understand. I welcome clarity in sentencing laws. Victims need to know exactly how long offenders will be imprisoned. I hope this means that we see the end of a review of tariff at half-term stage for those convicted of murder and that instead they are subject to the new extended determinate sentence and will have to serve at least two-thirds of it behind bars before release. Victims must know that offenders are made to serve time and that there will be no automatic release before end of sentence for the most serious cases.

Sentencing, punishment, rehabilitation of offenders and the cost to the public purse of legal aid will be overhauled by this new Bill. It might not be totally perfect but it goes a long way to rid us of the current wrongs in the system and reassures the public that this Government will guard their safety and at the same time introduce common sense into new laws. Instead of being back-seat passengers, victims are at last being invited into the front seat, and even occasionally given the wheel, to enable them to take their rightful place on the journey. It is time that we were not treated as a meddlesome problem in the criminal justice system to be ignored, but included in discussions as part of the long-term solution. We have paid a high price for our ticket.