Victims of Crime: Rights

Alex Sobel Excerpts

Tuesday 13th March 2018 Westminster Hall

[Alex Sobel (Leeds North West) (Lab/Co-op)]

I beg to move,

That this House has considered the rights of victims of crime.

It is a pleasure to serve under your chairship, Mrs Main.

When I applied for this debate, little did I know how timely it would be. On Friday night, both our car and our garage were broken into. Nothing was stolen, but the damage to our property and knowing that we are vulnerable to criminals are concerns, and I redoubled my resolve to get better rights for the victims of crime.

Last week, in advance of this debate, I surveyed constituents on their experiences and two of the respondents spoke about the lack of support they had also experienced after being victims of theft from their cars. I also had much more concerning examples, where people were victims of serious incidents and there were serious gaps in provision. One constituent who had been at the Manchester Arena for the Ariana Grande concert when the tragic bombing occurred wrote to me, saying:

“Whilst I appreciate thousands were affected by this event, receiving mental health support since then has been hard work. It has taken 9 months for my daughter and I to receive any kind of support due to long waiting lists, lack of funding etc. I was never advised to contact victim support but was advised to contact survivors assistance network based in Warrington. I am in groups on Facebook and yammer where hundreds say the same thing. Those suffering post-traumatic stress disorder have been ignored unless they had physical injuries.”

[Sir Greg Knight (East Yorkshire) (Con)]

The hon. Gentleman is now touching on the key point. Does he agree that very often victims of crime pay a double penalty—the penalty of the financial loss, from the effect of the crime itself; and then the emotional stress resulting from what has happened?

[Alex Sobel]

I do, and that is doubly so when there is an event as serious as the Manchester bombing. After that incident, the Government committed to support the victims, but nearly a year later some families are still not receiving the support they need.

When I undertook the survey, a range of crimes were reported to me and often the victims did not feel that they had received sufficient support after crimes ranging from muggings to violent assault to rape. This debate is very much needed, to address the inconsistencies in the system, and I am sure that many hon. Members will also share the experiences of their constituents.

A group in society that is particularly vulnerable to crime is older people. I am grateful to Age UK for releasing a report last week on fraud relating to older people. The report found that more than two fifths—43%—of older people, which is almost 5 million people, believe they have been targeted by scammers. Only a minority of fraud victims report their experience. Among people aged 65-plus, nearly two thirds—64%—of those targeted by fraudsters did not report it to an official body such as Action Fraud, the police, a bank or a local authority. About a third of those targeted confided in friends or family, but more than a fifth admitted they did not tell anyone at all, because they felt too embarrassed. And for the minority of older people who do report fraud, support is inconsistent across the country.

Age UK has won funding from City Bridge Trust to pilot a new scam prevention and victim support service. Working in partnership with Action Fraud, a number of local Age UK groups in London will raise awareness of scams among older people and their friends and family; they will give one-to-one support to older people who are vulnerable and at risk of scams, empowering them to feel safer and more confident; and they will provide specialist one-to-one support sessions for older victims, helping them to address the financial, health and social impacts of fraud.

This is a great initiative. However, should not such support be available across the country for every older person who needs it, funded by the Government, and using proceeds of crime moneys if the Government cannot pay for it out of general taxation? Our criminal justice system must ensure that it has the rights of victims of crime at its heart.

[Sarah Champion (Rotherham) (Lab)]

I am very grateful to my hon. Friend for securing this debate, which is very timely. He is talking about the changing nature of crime, so does he agree that the Minister should be considering reviewing the Criminal Injuries Compensation Authority, so that its guidelines reflect the changing nature of crime?

[Alex Sobel]

That is a very good point, well made, and I hope that the Minister will address it in his remarks.

As I was saying, our criminal justice system must ensure that it has the rights of victims of crime at its heart. When it fails to do so, it not only affects the direct victims themselves but risks undermining wider public trust in our justice system.

The most significant reform in this regard was arguably the introduction of the victims code by the last Labour Government, which came into force in 2006. The victims code sets out the rights and entitlements of victims, making it the single most important document for victims of crime in England and Wales. It outlines clearly and precisely the level of entitlement that victims can expect from each criminal justice agency they encounter, including the police, the Crown Prosecution Service and Her Majesty’s Courts and Tribunals Service. For example, the code specifies that victims are entitled to be kept informed of developments in their case within set time limits, and that victims must be informed of any sentence handed down to the offender and what it means.

Victim Support has found evidence to suggest that there is a routine failure to uphold the victims code. The lack of compliance could be due to the victims code not being legally enforceable, or the absence of a mechanism to hold agencies to account except in individual cases, or the lack of an independent body to monitor implementation. Current monitoring arrangements rely on statutory agencies self-assessing their compliance, based on criteria determined by the agencies themselves. Effectively, these agencies are self-regulating.

There are new setbacks for victims of crime on the horizon, with the announcement that the Government plan to sell off more than 100 courts for not much more than the average UK house price. That decision piles yet more pressure on the remaining courts and risks hearings being further delayed and rescheduled, which can have a distressing impact on victims and witnesses and creates a justice system that is less accessible for people.

The Victims’ Commissioner has within their remit a duty to

“keep under review the operation of the Code of Practice”.

The current Victims’ Commissioner, Baroness Newlove, has conducted a number of reviews of the code, looking at issues such as the victim personal statement, children’s entitlements and the complaints system. A number of other agencies have also looked at compliance with the victims code in some form, including the CPS, which undertook a victim and witness satisfaction survey in 2015 and plans to repeat the research, and the criminal justice inspectorates.

[Victoria Prentis (Banbury) (Con)]

The hon. Gentleman has brought a very important issue to Westminster Hall this afternoon. I am particularly concerned about the effect of the problems in the disclosure system of the CPS and other agencies for victims. I have had considerable problems with child sexual exploitation in my constituency. Those victims are particularly vulnerable. Is that something that he is also worried about?

[Alex Sobel]

I am very glad that the hon. Lady has raised this issue. It is not something that I have personally had experience of, but I am sure that her points are really well made and I hope that the Minister addresses them in his remarks.

Finally, victims’ organisations such as Victim Support have also looked at compliance with the code by means of research that has examined different issues, including the timeliness of victim contact. However, all these reviews have been piecemeal, looking at certain aspects of the code but not at the code’s operation as a whole. There is a gap in the system, and an effective monitoring and enforcement mechanism would enable the Government to ensure that the victims code is implemented throughout the system, as well as identifying both good practice and areas for improvement.

Last year, Victim Support published research undertaken with almost 400 victims, which highlighted the failings inherent in the system. These failings include the fact that 52% of victims surveyed were not offered the chance to make a victim personal statement; that 46% of victims surveyed had not received a written acknowledgment of the crime from the police; and that 19% had not been referred to support services. So, nearly one in five of the people who responded were not even referred to support services. As things stand, too many people are being failed by the system, so things need to change.

What do victims of crime need from the Government? Victims must always feel that the justice system is on their side. When a member of the public comes forward to report a crime or to give evidence in court, they must be treated fairly and with compassion. When all is said and done, we must do our utmost to ensure that victims receive the justice they deserve.

What is needed is a victims’ law, which the 2015 Conservative party manifesto pledged to introduce; the Minister will find that pledge on page 59. In the 2015 Queen’s Speech, the Government announced:

“Measures will be brought forward to increase the rights of victims of crime.”—[Official Report, 27 May 2015; Vol. 596, c. 31.]

In 2016, the EU victims’ directive forced the Government to enhance support for victims of crime by broadening the definition of “victim”. Previously, for example, victims of drink-driving did not receive support under the victims code, and not all victims of crime were entitled to a written acknowledgment from the police.

In 2017, the Conservative manifesto again contained a commitment to enshrine victims’ entitlements in law. However, aside from a recent and welcome announcement that there will be consultation on new legislation to support victims of domestic abuse, there appears to have been little action by the Government to bring forward their victims’ law commitment. I want to see victims’ support at the heart of the criminal justice system and historic wrongs put right.

A victims’ law would seek to guarantee victims a minimum standard of service, including placing victims’ right to review on a statutory footing, not only for the CPS but for the police, too. It must be made easier to hold justice organisations to account if we are to maintain confidence in the criminal justice system. I therefore ask the Minister to introduce proposals for a victims’ law that fulfils the historic commitment.

[Several hon. Members rose—]

--- Later in debate ---

[Alex Sobel]

I thank all hon. Members who took part in the debate. There were many notable contributions. The hon. Members for Torbay (Kevin Foster) and for Bromley and Chislehurst (Robert Neill), and my hon. Friend the Member for Rochdale (Tony Lloyd) all spoke about restorative justice. I thank the hon. Member for Bromley and Chislehurst for asking for a statutory right to access restorative justice. That is hugely important, and I fully support that call. The hon. Member for Strangford (Jim Shannon) supported my call for a new victims’ law. My hon. Friend the Member for Kingston upon Hull West and Hessle (Emma Hardy) asked for statutory youth provision. My hon. Friend the Member for Brighton, Kemptown (Lloyd Russell-Moyle) supported that proposal and is leading the fight for it.

I pay particular tribute to the hon. Member for Telford (Lucy Allan), who raised the issue of child sexual exploitation. She bravely raised publicly the particular issues in Telford. I support her call for an independent investigation inquiry into Telford. She is surely on the side of the righteous in taking that issue forward. The shadow Minister, my hon. Friend the Member for Ashfield (Gloria De Piero), made some excellent points.

The need for a victims’ law is irrefutable. I was disappointed by the Minister’s response. He talked about physical measures, such as protective screens and video links, and £68 million of additional funding. They are welcome but not sufficient. We continually talk about a victims’ law but do not enact it, although it has been in two manifestos and the Queen’s Speech. Now is the time to move forward and set out the legislative underpinning we need for a victims’ law.

I was disappointed that the Minister did not seem to listen to the issues I raised about my constituent who, nine months since the Manchester bombing, still has not had support. The Minister suggested that that was perhaps partly due to the fact that the issue fell between the stools of two Departments. I hope those Departments get together to ensure that victims are supported.

[Dr Lee]

I will by all means write to the hon. Gentleman on that issue. I will be very happy to provide a response.

[Alex Sobel]

I thank the Minister. I surely will write to him on behalf of my constituent.

Let us move forward. Let us work together to try to get a victims’ law on the statute book.

Question put and agreed to.

Resolved,

That this House has considered the rights of victims of crime.