Criminal Justice System

Andrew Smith Excerpts

Wednesday 17th October 2012 Westminster Hall

[Tony Lloyd]

The hon. Gentleman makes a valid point. John and Penny have persuaded Keir Starmer that no longer should things simply lie on file. What is clear is that there was a case to be tried. It would have gone to trial had the subsequent murder not taken place. It is distressing for the family. I can understand that not only as a father but as a citizen.

On stalking, half the people who are stalked will have been stalked for more than 18 months before anything is done about it, so many events in their lives will cause them both fear and misery. In the worst cases, stalking has led to much more serious offences, such as rape and murder. We also know that the probability of someone being brought to prosecution for stalking is still phenomenally low. Even in the event of prosecution, only about 2.2% of those involved in this serious crime end up with a jail sentence. Again, we must change the culture that allows that to take place.

There are examples of extremely good police performance. I had a meeting recently with women who had been victims of, or involved with, domestic violence. One person, who was the victim of a violent attack by her ex-partner, said that she wanted to place it on the record that her own experience of the police, the refuge that gave her shelter, the Crown Prosecution Service and other services had been good. In the same meeting, another woman told me that when she lay on the floor waiting for an ambulance to be called, she heard police officers joking with her partner, which simply should not happen in this day and age. Our police need specialist training for domestic violence and stalking, but it is not unreasonable to say that it should be there for all. Whoever polices or prosecutes domestic violence must treat that crime as something that matters, and the criminal justice system must help to resolve the problems.

Let me move on because I am conscious of the number of Members who wish to speak. The Minister will recall the debate a few weeks ago on criminal injuries compensation. I am sure that she will tell us that the Government are funding victim services in whatever way. None the less, there is still great anxiety about the criminal injuries compensation scheme and what will happen to it. I hope today that she will take the chance to clarify the Government’s intentions on the matter. There is massive interest outside in what is happening. There is massive interest, too, in Parliament. I do not say this as a warning, but I hope that she has been able to tell her colleagues in Government that her own experience in that debate was a little unfair on her but was not unfair in the spirit of what she inherited from her predecessors. We need some clarification that we will have a robust criminal injuries compensation system that survives any proposed changes.

[Mr Andrew Smith (Oxford East) (Lab)]

I congratulate my hon. Friend on calling this enormously important debate. May I underline the importance of the point that he has just made? I have never seen so many people queuing to get in to observe a debate in Westminster Hall as I have today. It shows the level of public anxiety. Following the Government’s wise decision to withdraw the statutory instrument, does he agree that when they bring back some proposals to the House they need to advertise them within both Houses, so that all Members can make their voices heard about how unacceptable the proposed cuts in criminal injuries compensation are?

[Tony Lloyd]

My right hon. Friend makes an important point. Let me add one extra thing. It would be desirable if any such debate were heard on the Floor of the House and not simply in a Committee Room, so that the full House can be persuaded of the merits of any changes and can vote accordingly. That would be in the interests of people up and down the length and breadth of this land.

--- Later in debate ---

[Mr David Burrowes (Enfield, Southgate) (Con)]

I want to speak about information and draw attention to the Victim Support survey, which stated that 82% of people did not know their local candidates for the position of police and crime commissioner. We have seen the hon. Member for Manchester Central (Tony Lloyd) and the right hon. Member for Cardiff South and Penarth (Alun Michael) working hard to change that percentage. More than two thirds of those surveyed thought that they should be better informed about an offender’s progress and what an offender is doing, particularly if they are serving a community sentence.

The Government have set as a priority the issue of information. Indeed, in response to a question that I asked in the House on 18 September, the Justice Secretary said that that has to be a priority. It has been mentioned before. Louise Casey told me that across a whole range of issues affecting victims the big task needed to improve the service dramatically is relentless information throughout the criminal justice system. She said that in 2010.

The previous Labour Government talked a lot about the issue, too. Indeed, in 2002 they threw £11 million at the Crown Prosecution Service, setting a target of tracking all cases of victims online by 2005. Sadly, as with many other targets set by the previous Government, that was not met and the money went into the ether.

We must ensure that we can do better than that. From my own experience—I declare an interest as a criminal defence solicitor, although not practising much now—I know that the system of criminal justice is too closed and too insular. The coalition programme said clearly that we must be the most open and transparent in the world, and that light must also shine in the shadows and darknesses of the criminal justice system.

We have some momentum across the political spectrum. The Institute for Public Policy Research report this year supported the tracking of cases online. In these days of information technology, we must be able to enable victims to track cases, from the moment when they are reported to the point at which justice is served. All too often the CJS Online information is largely impersonal, and when victims want personal, relevant, useful and timely information, it is lacking.

[Mr Andrew Smith]

Does the hon. Gentleman agree that victims are entitled not only to things being tracked properly and so on, but to proper compensation? Has he looked at the Government proposals on the cuts to compensation and does he agree that they need to be abandoned?

[Mr Burrowes]

I am happy to talk about that and, if the right hon. Gentleman is patient, I will respond shortly, but first I must finish my train of thought on information. It is important not to lose the momentum gained from the development of online crime mapping and take it into online victims’ justice mapping. That must happen. Yes, there is benefit from social media and peer support, but there are examples from across the sea, in Florida, where VINELink can be used to track information properly online. Avon and Somerset has TrackMyCrime and a 90% satisfaction rating for victims.

On the case for compensation, I was the shadow Justice Minister in 2008 and during a delegated legislation Committee it was interesting to note the concern in respect of removing or limiting the scope of compensation under the criminal injuries rules. The Labour Government were seeking to reduce the scope then, but I did not see the attention and concern among Labour Members that I see among them now.

An issue that we should all recognise is that “criminal injuries compensation scheme” is a misnomer; it is a criminal injuries contribution-to-compensation scheme—it is a contribution and essentially limited. Homicide victims who have not come through the criminal justice system but are going through the highly bureaucratic process do not get adequate compensation; they get to a maximum level, which is a derisory amount for the victims of crime in many ways. It is essentially limited, and compensation has to be broader than that.

Yes, we should provide the support, in particular where the offender has not been identified and brought to justice—that lies within the scope of the scheme—but we ought to recognise the progress made by the Government. For the first time, we have a statutory duty for compensation on all offenders who come to court. Let us ensure that, when cases get to court, victims are properly compensated, so that they do not have to go through civil and other remedies.

It is also planned that offenders will now have to pay an extra £50 million into the victims’ pot; there is the prisoners’ earnings scheme, which will go to victims, as well as the additional surcharges. Let us recognise that the issue of compensation covers a whole range of areas. Let us get the right compensation and the right information. Let us ensure, as I am sure we can with the new Minister, that we carry out the central task of doing so much more, so that those surveys from Victim Support and others do not come back and tell us that too many victims feel that the criminal justice system does not treat victims fairly.