Rights of Victims and Families

Anne Main Excerpts

Tuesday 12th October 2010 Westminster Hall

[Esther McVey]

My hon. Friend raises a point that is made time and again: the pain and suffering caused to people when there must be a further autopsy on a body—once, twice or three times. In those instances it is felt that the perpetrators of the crime get a better deal, and the victims’ families are often left without adequate help and support. Such help and support are vital to enable them to come to terms with the horrific crimes, the loss of loved ones and the complicated, drawn-out and distressing process that follows.

The impact can be felt in many areas. It can be financial, as family members may need breaks from employment so that they can recover. Some need extensive medical treatment, and some have to repair damage to homes and property as well. For others the cost is emotional. Many victims suffer from anxiety, the threat of victimisation, and deteriorating mental health. For some the cost is physical. Many people in society, including me, question the leniency shown towards the perpetrators of crime, which is juxtaposed to the psychological and financial cost that the victims and families must deal with. Jean Taylor will tell you that Governments have failed to do their job of supporting victims of crime and their families.

[Mrs Anne Main (in the Chair)]

Order. May I gently remind the hon. Lady that when she says “you” she is referring to the occupant of the Chair.

[Esther McVey]

I apologise, Mrs Main.

It is often charities and voluntary organisations that provide help and support to victims—often with no funding.

So far I have discussed procedural inequalities that need to be addressed, but I want to move now to consider policy areas. As times change, so must laws, to reflect the society and times we live in. I fully appreciate the delicate balance of laws, and the process of cause and effect involved in every situation when changes are made to them, but I do not believe that fear of upsetting the balance is reason not to change them. To the contrary, I believe that our society, with the increase in gang culture and antisocial behaviour, needs law that reflects our times and the changes that have come about. I have three examples.

First, when the body of a murder victim is not discovered, despite a guilty plea, and the perpetrator never reveals its location, the family are deprived of a proper funeral, which leaves them unable to grieve properly; or they are left with the prospect of being confronted with the finding of the body in the future. I know that very few suspects have been convicted of murder in the absence of a body, but some have, and have never revealed where the body is. Would it be possible to charge someone with an extra offence of non-disclosure of the whereabouts of the body? Otherwise the coroner is deprived of the opportunity to do his job properly, and the family are deprived of the opportunity to mourn the loss of a loved one.

Secondly, a person who has been found guilty of a crime can be given the option to appeal against conviction or against the length of sentence, although the grounds for appeal may be arguable. I recognise that the appeal process is an important part of the judicial system, but I do not believe that victims’ rights in that situation are given enough consideration. Not only do they go through a distressing, lengthy process; they may go through a second. I wonder whether we could have a law of malicious appeal, to extend the sentence for people who have been found undeniably guilty and who raise an appeal that will fail, to focus the mind of anyone who brings such an appeal. Thus real appeals would go forward, but appeals that would not be deemed so would not.

Thirdly, there are cases when a gang has killed a person—and I want to refer to Andrew Jones, the young boy murdered by a group of teenagers, none of whom has ever been sentenced. I want law makers to think seriously about increasing the use of joint enterprise sentences, by which a group could be sentenced, rather than all walking free. The law exists, and could be extended. At the same time, there is a need for education in schools on joint enterprise, and a clear understanding that, should anyone participate in crime in a gang, with the intention to act as a gang, those involved would be sentenced as a gang and held responsible for their joint actions. I appreciate that we do not want miscarriages of justice, but the law needs to be modernised to accommodate the culture and climate in which we live.

[Andrew Percy (Brigg and Goole) (Con)]

I congratulate my hon. Friend on securing the debate. She talked briefly about the role of education. Does she agree that there is a broader issue about how young people interact with the criminal justice system? In my previous profession I saw many young people come into contact with the system at a young age, but they ended up on a kind of rollercoaster or in a revolving door, as nothing was ever done, so their behaviour got progressively worse.

[Mrs Anne Main (in the Chair)]

Order. Will the hon. Gentleman keep his remarks brief, as this is a half-hour debate and I am sure that the Minister wants to respond.

[Andrew Percy]

Of course; thank you, Mrs Main.

Does my hon. Friend agree that we need closer working between schools and the judicial process, to get the messages out to young people properly?

--- Later in debate ---

[Esther McVey]

I know that we are in the closing minutes of this debate, but may I ask that the procedural and policy changes mentioned today are considered in your review of the justice system?

[Mrs Anne Main (in the Chair)]

Order. I remind the hon. Lady that it is not my review of the criminal justice system but the Minister’s.

[Mr Blunt]

I am grateful, Mrs Main, for that clarification. My hon. Friend is aware that because of her generosity in taking interventions I shall not be able to finish my prepared remarks. However, I shall consider carefully what she has said. Indeed, she has repeated here the points that she made directly to my right hon. Friend the Minister for Policing and Criminal Justice, so they are already included in the process and are being considered.

I was going to speak about Victim Support’s homicide service, an important development that began in April this year. We hope that it will provide a high-quality service that reflects the wishes and needs of the bereaved. We are reviewing the services currently available to witnesses, victims and their families in the criminal justice system. As part of our commitment to restorative justice, and to the big society, we want to ensure that victims are a focus not an afterthought.