Victims of Sexual Violence: Court Delays
Debate between Charlotte Nichols and Alex Davies-Jones(1 week ago)
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The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)
I congratulate my hon. Friend the Member for Newcastle upon Tyne East and Wallsend (Mary Glindon) on securing this very important debate. We have heard some incredibly powerful and moving stories. I know that everyone in this House, despite our political differences, is united in one purpose: that more must be done to bring victims the swift justice they deserve. And more must be done to properly support them throughout the justice process.
As we have heard, for too many victims in this country justice delayed does mean justice denied. As my hon. Friend stated, only last week the new statistics laid bare the scale of the backlog in our Crown court, which is now at a record high. There were 73,000 cases awaiting trial or a sentencing hearing as of September this year. That number has doubled since 2019. Sexual offence cases, including rape, were on average taking 356 days from arrival at the Crown court to completion—a significant increase on the average for sexual offence cases pre-covid.
As politicians, we often reel out statistics, but behind each one of those statistics are real people: real victims, including people who have endured rape and sexual abuse, who are not just waiting months for trial, but years. For some, that seemingly endless wait is quite understandably too much to bear. Left without hope of the justice that they deserve and facing a long road to the closure that they need, many drop out of their cases all together, and when they do, their attackers get away without consequences, free to offend again.
Charlotte Nichols (Warrington North) (Lab)
The Minister is making a very important point about victim attrition, but one thing that concerns me is the fact that court delays also mean that when cases are heard, the testimony of victims—including victim-survivors in these cases—will be of much poorer quality given the length of time that has passed, and more cases will end with a not guilty verdict for people who should very much be behind bars. Is the Department looking into that, and are there statistics for what the backlog has meant for the conviction rate?
Alex Davies-Jones
My hon. Friend is right: there are concerns about that, and I hear them, as does the Department. It is true that some of the special measures that were intended to empower victim-survivors giving testimony are potentially having a negative impact. I will say more about that later, but I can say to my hon. Friend that the Department and I are very alive to it.
My aim is to get out there and meet as many victims and survivors as possible to hear directly about their experiences, some of which are unimaginably awful. One victim-survivor of rape told me that her case took years to finally get to trial, and she used words similar to those of my hon. Friend’s constituent—words that I will never forget. She said that the entire experience made her “want to die”. No one should ever feel that way about our justice system. I am proud that this Government were elected with a landmark mission to halve violence against women and girls within a decade, finally making this a priority after years of neglect. It will not be easy, but I believe that we are up to the challenge. However, if we are to have any hope of doing so, we must improve the way in which the justice system responds to these crimes, and that must include ensuring that victims’ cases are heard swiftly by the courts.
As I have said, this Government inherited a criminal courts system that was stretched to breaking point. We have taken the crucial first steps to bear down on that caseload, including funding 106,500 Crown court sitting days in this financial year. We have also extended sentencing powers in magistrates courts to 12 months when they are dealing with offences that can be heard in either a Crown court or a magistrates court, which will free up 2,000 Crown court days and provide more capacity to hear the most serious cases. However, the number of cases entering Crown courts shows no signs of letting up, so if victims are going to see justice more swiftly, we cannot simply do more of the same; we have to go further.
Delivering the Government’s bold plan for change and making our streets safer will take a once-in-a-generation reform of our courts system, which is why the Lord Chancellor announced last week that she had commissioned Sir Brian Leveson to carry out an independent review of the criminal courts, looking specifically at how we might speed up the hearing of cases. Sir Brian’s review will examine how our courts can operate more efficiently, but it will also look at much more fundamental reform—considering, for instance, the introduction of an intermediate court, in which cases that are too serious to be heard by a magistrate alone could be heard by a judge alongside magistrates. We expect Sir Brian to report on his initial findings in spring next year.
This marks a crucial step towards our ambition of bearing down on the overall caseload and bringing down waiting times for all victims, witnesses and defendants. As I have said, however, we know that victims of sexual violence endure particularly long waits for justice, and, as the House will know, we have therefore made a commitment to fast-track rape cases through the system. We are considering the best way of doing so, and we are keen to build on the work that has already been done by the senior judiciary. I saw one of their initiatives at first hand during my visit to Bristol Crown court over the summer, and was struck by how tirelessly those judges and court staff are working to keep cases moving. It was inspiring to see.
This is a tough challenge, and whatever we do, waiting times will not come down overnight. If we are to keep victims engaged while they continue to face lengthy waits, partners across the criminal justice system and victim support services must pull together, as indeed they are. The Ministry of Justice provides ringfenced funding for independent sexual violence advisers and independent domestic violence advisers, as well as for community-based domestic abuse and sexual violence services. That is in addition to the core funding that we provide for police and crime commissioners to allocate at their discretion.
I am pleased to say that we are maintaining the 2024-25 funding levels for sexual violence and domestic support next year. The CPS recently announced its victims transformation programme, which has a focus on improving the justice process for victims of rape and serious sexual offences. Pre-trial meetings with prosecutors are now being offered to all victims of adult rape and serious sexual offences, and there will be greater access to independent sexual violence advisers as well as dedicated victim liaison officers.
As my hon. Friend the Member for Warrington North (Charlotte Nichols) has mentioned, victims’ experience of court is affected by the interactions that they have there and with the staff.
Alex Davies-Jones
As an MP for a constituency in a devolved nation, I am acutely aware of the need to ensure that we have a joined-up approach. Although justice and policing are devolved to Northern Ireland, I will happily discuss this issue with colleagues to see how we can best approach it, because somewhere in our United Kingdom a rape or sexual violence victim-survivor is currently suffering an insufferable wait, and we need to do more to protect all victims across the country.
As I have said, we need to look at victims’ experience of court. As part of the same programme, over 500 CPS staff who will meet victims have received trauma-informed training. We will also continue to deliver trauma-informed training at Snaresbrook, Leeds and Newcastle Crown courts, with over 400 professionals trained so far, including court staff and police. Witness waiting rooms and in-court technology have been upgraded in those courts so that victims can give their best evidence, watch proceedings away from the courtroom, or simply wait in a comfortable and private space. Attending court can be terrifying, and I know that many victims, quite understandably, fear bumping into the perpetrator when they do.
Charlotte Nichols
The Minister just made a point about victims being able to watch proceedings from another room, which is often not the case in rape trials, where the victim is considered a witness rather than a participant in the case. I know that the Department is looking at things like transcripts. Will they become more readily available, so that victims who, for whatever reason, do not feel like they can participate while the trial is taking place can read what happened after the trial as part of the process of closure?
Alex Davies-Jones
My hon. Friend makes another important point. We are currently offering a pilot on transcripts. I will mention that again in my speech, but it is about how much more comfortable we can make the whole terrifying process for victims and survivors when they are in our court system. What more can we do to make their experience as comfortable—if that is the appropriate word—as it can be? As I have said, we know that it can be utterly terrifying.
There are also concerns about the way that victims’ evidence is currently presented to the jury. I hear those concerns loud and clear, particularly where the approach can reduce the chance of securing a conviction. The Department is conducting a thorough impact evaluation and looking at section 28 of the Youth Justice and Criminal Evidence Act 1999—the mechanism by which victims can give their testimony in advance of trial—to see whether it affects the case outcome, court effectiveness and the timeliness of cross-examination. We will publish the findings of our review in the new year.
Victims of rape and sexual offences can request transcripts of Crown court sentencing remarks for free through our one-year pilot, which is running until May next year. I encourage all eligible victims and survivors to find out whether that could be helpful, and to please take up the offer.
Charlotte Nichols
Just for clarification, will transcripts be available only for victim-survivors who have secured a successful conviction? Given what we are talking about, it is important that people who were not able to secure a conviction can still access transcripts as part of the important process of closure.
Alex Davies-Jones
My understanding is that any victim who is eligible is able to apply for transcripts, regardless of whether a conviction has been secured, but I will seek clarification for my hon. Friend on that matter.
This is a landmark mission, and we have further to go to support victims of rape and sexual offences—both at court and across the whole of their journey through the system. I am proud that, as well as fast-tracking rape cases through the courts, we plan to begin rolling out our free, independent legal advisers for victims of adult rape from next year. Those advisers will be a real step forward for victims, and offer legal advice at any point between report and trial. We will also introduce specialist rape and sexual offence teams in every police force. We will make sure that police officers receive stronger training on violence against women and girls, and ban anyone with a history of violence against women and girls from joining the police force.
Wherever they are in their journey through the system, I want to make sure that every victim knows their rights and that agencies are held accountable for delivering those rights. The Victims and Prisoners Act 2024 lays the foundation for ensuring that victims know the rights they should receive under the victims code and that agencies are held accountable for delivering them. The Act also places a duty on local commissioners in England to collaborate in the commissioning of support services for victims of domestic abuse, sexual abuse and serious violence. We will consult on a revised victims code and the duty to collaborate guidance early next year. I am working with my officials to ensure that we have the right data and systems to monitor compliance with the new code. We have also pledged to increase the Victims’ Commissioner’s powers, so that there is more accountability when victims’ needs are not being met.
My hon. Friend the Member for Newcastle upon Tyne East and Wallsend asked me about the impact of adjournments on victims and survivors. I want to reassure her that I am looking at every possible solution and pulling every lever at my disposal across the criminal justice system to ensure that we leave no stone unturned in ensuring that the victims of these abhorrent crimes receive the swift justice that they deserve.
Oral Answers to Questions
Debate between Charlotte Nichols and Alex Davies-Jones(1 week, 6 days ago)
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Charlotte Nichols (Warrington North) (Lab)
The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)
My hon. Friend raises an important point about the Criminal Injuries Compensation Authority. The previous Government undertook a review of the scheme; it ran three consultations respectively. When the election was called in May no response to those consultations had been published. We are considering the support we provide to victims including child victims, and we are advising on a new victims’ code in the new year specifically to look at that issue, including any response to the review, and we will set out our plans in due course.
Tackling Image-based Abuse
Debate between Charlotte Nichols and Alex Davies-Jones(1 month, 1 week ago)
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Alex Davies-Jones
I could not agree more. This is about all of us playing our part and saying that we will not stand for it—we will not be passive bystanders and we will challenge these views to tackle it. It will not happen overnight. It will take time, but I believe we can do it. Women deserve to feel safe, whether that is online or out in the physical world. Men who abuse, harass and discriminate should have nowhere to hide.
Charlotte Nichols (Warrington North) (Lab)
I thank the Minister for her work on this policy so far, which is among the most meaningful things that has happened since we came into office, particularly the removal of the intent provisions. We have seen too many women unable to get justice because of a technicality, including a horrific case in my constituency that the Minister is well aware of. We are talking a lot about the online space today, so can she clarify that, where intimate image abuse is part of the commission of an offline offence of voyeurism or rape, for example, that will factor into the work that she is doing?
Alex Davies-Jones
I am well aware of the horrific case in my hon. Friend’s constituency. I am pleased that we have been able to go further on intent versus consent with some of these crimes. The right to banter should not trump the right to feel safe; I have said that before in this place and I will say it again. Women have the right to feel safe everywhere and we are looking at all offences in that regard, but it will take a whole system effort. My colleagues and I across Government know that, and that is why we are working together to get to the root causes of violence and misogyny to create the lasting change that we all want and need to see.
Finally, we need to ensure that when someone has been the victim of intimate image abuse, they get the support that they need and know that they as victims and survivors have done nothing wrong. A key part of that is the invaluable work of victim support organisations such as the intimate image abuse helpline, which is funded by Government and was set up by the hon. Member for Gosport (Dame Caroline Dinenage). Not only do these services provide high quality support and advice to victims of intimate image abuse, but they work with law enforcement and others to improve the response to these awful crimes. Representatives from the helpline recently gave evidence to the Women and Equalities Committee on this very issue, and I am grateful to them for all that they do to support victims. Their work is more valuable and more needed than ever.
Charlotte Nichols
I thank the Minister for giving way a second time—she is being very generous. Just to clarify, non-contact offences, including intimate image abuse, are not currently covered in the criminal injuries compensation framework. Could conversations be had with her ministerial colleagues about providing financial support for victims to access things such as therapy, which my hon. Friend the Member for Bolton North East (Kirith Entwistle) brought up as a really important feature of the debate?
Alex Davies-Jones
I was about to come on to therapy, support services and other things that the Ministry of Justice funds to support victims and survivors. My hon. Friend the Member for Bolton North East mentioned redress, and compensation can be made available from the perpetrators directly through the civil courts. That has been pursued previously, and it is available to victims and survivors to get the redress that they need by claiming that compensation.
On victim support, the Ministry of Justice funds many other services to help victims cope and recover from the impact of crime. For example, we have the rape and sexual abuse support fund, which supports more than 60 specialist support organisations. As others have mentioned, we also have Refuge, which the Government fund to deliver a specific tech abuse function. It has been at the forefront of the response to tech abuse. We also provide police and crime commissioners with annual grant funding to commission local, practical, emotional and therapeutic support services for victims of all crime types, not just intimate image abuse.
The Victims and Prisoners Act 2024 will aim to improve support to victims of sexual abuse, including intimate image abuse, by placing a duty on local commissioners to collaborate when commissioning support services so that victims and survivors get the support that they actually need. That brings me back to the key point: collaboration, with everyone pulling together and playing their part. That is what we need if we are going to truly see a shift. Again, I thank my hon. Friend the Member for Bolton North East for securing the debate and I thank everyone for coming and showing support. It really is important that we have good representation in Parliament. We are absolutely committed to tackling violence against women and girls, as are this Government, and we are just at the start of it.
Question put and agreed to.