Oral Answers to Questions

Debate between Andrew George and Crispin Blunt

Tuesday 28th June 2011 Commons Chamber

[Andrew George (St Ives) (LD)]

4. What steps he plans to take to protect the public from persons convicted of violent offences.

[The Parliamentary Under-Secretary of State for Justice (Mr Crispin Blunt)]

We have made it clear that we are committed to retaining the statutory multi-agency public protection arrangements, known as MAPPA. Within MAPPA, the police, prison and probation services are required to work together to manage known violent and other dangerous offenders and so protect the public, including previous victims.

[Andrew George]

I hope that the Minister agrees that the primary purpose of custodial sentencing must be public protection. Does he accept that the greater use of mandatory sentencing runs the risk of judges not being able to use their discretion to ensure that the public are protected in the long run?

[Mr Blunt]

The only element of mandatory sentencing we are contemplating relates to knife crime, so that it is absolutely clear that this House sends a very clear message on that. I am sure that right hon. and hon. Members will think it appropriate that people spend six months in prison when they threaten people with a knife.

Victim Support

Debate between Andrew George and Crispin Blunt

Wednesday 8th June 2011 Westminster Hall

[The Parliamentary Under-Secretary of State for Justice (Mr Crispin Blunt)]

I congratulate my hon. Friend the Member for St Ives (Andrew George) on securing this timely debate about the wider topic of support for the victims of crime and the narrow case he raised. He is a doughty champion of his constituents and for a decade he has worked on their behalf on the case he mentioned. We should respect the determination with which he represents his constituents.

I begin by making it absolutely clear that the Government are committed to placing victims and their families at the front and centre of the criminal justice system. I view my remit as the Minister responsible for victims and for the wider issue of offender management through the prism of victims. Let us consider the system changes we are trying to deliver around, for example, work in prisons. What are they for? They are to generate the resources for offenders to compensate their victims and to create more resources to assist the victims of crime. One proposal in the Green Paper is to make it a duty for sentencers to consider a compensation order as the first point of departure in their sentencing. Hon. Members will have to wait until we formally respond to the consultation and introduce the legislation, but I do not see anyone demurring from strengthening that duty. That is the direction of policy—to ensure that victims are our consideration.

The future victims of crime, as my hon. Friend the Member for Shipley (Philip Davies) made clear, are absolutely at the centre of concern. That is why we are advocating a rehabilitation revolution and a complete step change in how offenders are dealt with and managed by our system. If we fail to effectively rehabilitate them while they are in our system, they will go out and reoffend again, and we have to address the dreadful reoffending rates. I suspect that he and I are in the same place on that. The Government face the constraint, of course, of the legacy of the financial position we received from our predecessors.

We are committed to ensuring that criminal justice agencies work to help families through the process of the investigation and trial, and afterwards. We are committed to providing families with a voice in the criminal justice system. We are committed to providing them with the support and the help that they need to deal with the consequences of crime. It is deeply unfortunate that the case raised by my hon. Friend the Member for St Ives was mishandled. I understand the pain that such a traumatic experience can cause for bereaved families, but I accept that as much as I might understand the pain, it is beyond the power of any Government or Minister to repair that trauma. All Governments, however, will want to do their reasonable best to continue to improve the service to victims.

Support to victims and their families has improved dramatically since the case described by my hon. Friend. He referred to the work of Joanne Bryce, which, over a prolonged period, has contributed significantly to that improvement. Many of the things that she identified in association with the case have led to direct improvements, which I will cover if I have time. Constantly improving the system will continue.

During the debate, my hon. Friends made some suggestions that I will want to look at. My hon. Friend the Member for Chatham and Aylesford (Tracey Crouch) suggested that there should be a positive duty to explain the absence of a victim impact statement to the parole board hearing. I undertake to look at that extremely good suggestion.

My hon. Friend the Member for Hove (Mike Weatherley) drew attention to an anomaly concerning retailers who live above their premises, the recording of crime and the sort of support triggered by victim support in cases of assault. We will constantly look at such suggestions, with the objective of improving the system.

I want to be clear to the Chamber that the law is on the side of the victim and the victim’s family. In the case of homicide, there are safeguards against the offender benefiting from the crime. Under the rules of forfeiture, any person found guilty of murder is automatically disqualified from inheriting property from their victim. In the case of manslaughter, they are disqualified unless a specific court order is granted in their favour. The bereaved family can make an application to the court to ensure that the killer is not responsible for the administration of the victim’s estate, under section 116 of the Senior Courts Act 1981. I understand fully that people who have just suffered such a tragic loss are likely to find the process confusing or complicated. That is one reason why the improvements in support are so important, and why, since October 2009, the Ministry of Justice has supported an advice helpline to provide legal advice to relatives who have been bereaved by homicide, and advice on associated personal and social issues.

[Andrew George]

That is an encouraging reply. Will the Minister clarify whether those rights were in place at the time of the trial that I referred to today? If so, do victims now get a level of support and advice, through those procedures, to ensure that their rights can be enforced and that the perpetrators of homicide are not entitled to determine the outcome of the estate of victims, as happened in the case I raised today?

[Mr Blunt]

That is the case. The right to apply to the court is in the Senior Courts Act 1981, so the right was in place. As my hon. Friend pointed out, however, the family were in ignorance of it. In the spirit of constantly trying to improve the service we provide victims, there is now an advice line for bereaved people in such situations to draw their attention to their rights under the law.

Since the mid-1990s, there has been a great deal of work to improve the experience of victims and their families in the criminal justice system. Criminal justice agencies are more victim-focused and more readily able to take account of victims’ wishes and needs at every stage of the justice process. The courage of victims in coming forward to report crime and giving evidence is central to a strong, fair criminal justice system. Coming forward can sometimes be daunting for victims, especially those who are vulnerable or intimidated. It is therefore right that there are protections for victims in the system and that there are services to which they are entitled and safeguards against further victimisation. We are not complacent, however. There is more work to do and I am currently reviewing the support that victims are given at each stage of the process—investigation, prosecution, trial and beyond.

In 2006, the police and the Crown Prosecution Service worked together to introduce witness care units in every police force area in England and Wales. Witness care units are dedicated teams that keep victims and witnesses updated and informed about developments in a case from a suspect being arrested to an offender being sentenced. They provide victims with vital information on bail conditions, court dates and outcomes. In the same year, the code of practice for victims of crime was introduced. It sets out the services that criminal justice agencies must deliver for victims of crime. It specifies how victims should be kept updated, how often the police and other agencies should contact them, and ensures that the criminal justice system as a whole recognises the central role of victims in the delivery of justice.

I am conscious, Mr Scott, that I will not be able to do justice to the debate in the time that I have available. I hope that hon. Members will forgive me.

Other individual agencies have their own initiatives to help to ensure that victims are kept informed and engaged and, above all, kept safe. The police provide bereaved families with specialist support and a single point of contact through nominating a family liaison officer—a specially trained police officer who will explain the criminal justice process to the family, and act as their first point of reference for any questions. I should point out that in 2008-09, the last year for which we have figures, victim satisfaction with the police was 83%.

The CPS has introduced the victim focus scheme for bereaved relatives. Under the scheme, the prosecutor will write to the bereaved family through the family liaison officer, and offer to meet them to explain the role of the CPS, the court process, the charges faced by the defendant and the role of the victim personal statement. If I have time, I will say more about victim personal statements in a moment.

Under the victim focus scheme, prosecutors will meet bereaved families again if a defendant is convicted, in order to answer further questions. Meeting relatives when there has been an acquittal, which can be equally traumatic, is also being piloted.

The National Offender Management Service operates the victim contact scheme. Victims are eligible when an offender is sentenced to 12 months or more in custody for a violent or sexual crime. The scheme makes sure that victims of serious crime are kept informed if there are developments or changes in the offender’s sentence, and that they have an opportunity to submit evidence to parole board hearings and request licence conditions.

Throughout the criminal justice process, there is support for victims that did not exist in the 1990s. Criminal justice agencies have embedded consideration for the welfare of victims in their ways of working and in their internal procedures. A good example of how that works across the full range of victim contact with the system is the victim personal statement, which was introduced in 2001. It is the determination of this Administration to ensure that the victim personal statement will count for more than it does now. Governments of either colour will want to continue to improve support to victims of crime.

I am conscious, Mr Scott, that I have not been able to respond as fully as I would like, but there is much more to come from this Administration regarding support for victims of crime, making sure that offenders are the ones who will be held accountable; the burden of dealing with victims of crime will fall more on them. Victims will be receiving appropriate support from the state as well.