Baroness Brinton
Main Page: Baroness Brinton (Liberal Democrat - Life peer)Department Debates - View all Baroness Brinton's debates with the Home Office
Policing and Crime Bill
Baroness Brinton ExcerptsWednesday 16th November 2016
(8 years, 1 month ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: HL Bill 55-V Fifth marshalled list for Committee (PDF, 129KB) - (14 Nov 2016)
Viscount Hailsham
I really do not think so because it is a question of publication. What is meant by “publication”? It is, I think, different from communication. I think “communication” is a private communication—made, for example, by a police officer to a journalist—and “publication” is a more overt act which happens via the press, the television or whatever. I think they are different. Perhaps that matter could be considered by the noble Lord, Lord Paddick.
The second point concerns gossip. The noble Lord, Lord Pannick, is quite right about this. There will be gossip. Among the great mischiefs are social media and foreign communications, where there is an awful lot of identification. That is a form of gossip that is simply not touched by this amendment and probably cannot be. That is a defect, which I acknowledge even though I support the broad thrust of the amendment.
On the broad thrust, I find the arguments advanced by the noble Lords, Lord Campbell-Savours and Lord Paddick, very persuasive. Harvey Proctor was an old colleague of mine in the House of Commons. We all know that he lost his job and his home, and his reputation has been irreparably damaged by what happened. The publicity regarding Sir Edward Heath is simply absurd but it will taint his long-term reputation. I was PPS to Lord Brittan when he was Chief Secretary to the Treasury. His last days were darkened by the allegations against him, which were wholly groundless. There is therefore a serious mischief that the Committee should seek to address.
The noble Lord, Lord Pannick, has made some important points here but, if he will forgive my saying so, he seems to ignore the principle of proportionality, which should come into play. If we are right in supposing that this is a very serious mischief, we should be cautious about allowing drafting points to stand in the way of confronting it. The question of witnesses coming forward is a proper point. There is no doubt that on occasion, publicity enables witnesses to come forward; that is absolutely true. Surely, though, the proviso in the amendment that would enable the police to go to a judge for the authority to disclose the fact of the accusation addresses that point. Maybe it could be improved upon but the concept of allowing the prohibition to be lifted by a judge is surely a sensible one.
The point the noble Lord makes about the accused person being prohibited from receiving exoneration is a perfectly good one and has substance, but actually it is a drafting point and it would take the noble Lord and myself but a few moments to add the necessary words to the amendment to cover it. I ask the Committee to stand back, look at the extent of the mischief and ask itself whether the drafting objections that have been put forward are sufficiently weighty to stand in the way of our doing justice.
Baroness Brinton (LD)
My Lords, many speakers with much more experience than me might wonder why someone who has amendments later in today’s Committee on the rights of and support for victims might wish to speak in support of this amendment. I have experience of cases involving two teachers and very contrasting approaches by the police, both pre-charge and post-charge. The first involved a head teacher who happened to live in the area of his school. A pupil had made a very serious allegation and there was much publicity. Not only did the head teacher and his family have to leave the village but he became seriously ill; in fact he died within two years of the incident going public. It quickly became apparent that this was a fallacious allegation by the pupil, and the police dropped the case. The problem is people. The matter had been all over the local press and radio, and this man’s career was utterly traduced. There is no doubt that it led to the downfall in his health and his subsequent death.
The other case is that of a friend of mine who was abused at his boarding school aged about eight years old. After some decades he finally managed to pluck up the courage to talk to the police, and then the police guidelines were followed. Until after charging there was no advertising at all about the case. At that moment two other pupils from other decades came forward, thus supporting and helping the police and the CPS when they brought their case. Importantly for the initial complainant, they went through only one moment when the entire matter was made public. Had it gone public before then, there would have been repeated incidences in the press and very difficult times until it came to trial.
This is about justice. It is absolutely right that there should be justice where a complaint has been made and no charge follows. However, there is also an issue for the victims and the lives they have to lead if false publicity is given and nothing then follows; they also have to live through substantial amounts of publicity. I do not have the knowledge that the noble Viscount, Lord Hailsham, does, but I support the amendment. If it needs redrafting to finesse it, that is absolutely right—provided that there is the chance at an appropriate moment, and it seems to me that charging is that moment.
Baroness Brinton
My Lords, 11 years ago, my life, and the lives of a number of my colleagues, friends and supporters, was turned upside down when we became the target of somebody who began by politically harassing us and then moved into criminal damage and on to stalking. It took more than three years before the case came to a satisfactory conclusion, when he pleaded guilty to five offences and asked for 68 other crimes to be taken into consideration. Eight and a half years on from his court hearing, I still find it difficult to talk about it, not least because when I arrived in court I was placed, along with the only other victim who had decided to come, within an arm’s length of the dock. It was the first time that I had seen the man since the police had charged him, although I had believed for some time before that it was him, and clearly I was right.
That unfortunate experience in my life pales into insignificance compared with the experience of many victims of domestic violence, stalking and coercive control, but it was my experience of harassment and stalking that made me join the parliamentary inquiry into stalking in 2011 and led to the amendments to the Protection of Freedoms Bill in 2012. In the House of Lords, when we were considering the Commons amendments, I cited the then Home Secretary, who had said that the amendments put forward by the Government,
“will widen the … offence to incorporate behaviour that causes the victim serious alarm or distress that has a substantial effect on his or her day-to-day life”.
When she addressed the Commons, she said that the legislation would be kept,
“under review. The last thing we want to do is to find that the legislation is being misinterpreted”.
She set out examples which were,
“to send a message to people that that is all they are”.—[Official Report, Commons, 19/3/12; cols. 546-47.]
At the time of the debate in your Lordships’ House, I and other noble Lords asked for strong evidence that the Home Office and the Ministry of Justice would ensure that the softer elements that are essential to provide victim support were put in place, such as training throughout the criminal justice system to recognise the needs of victims, not just for the police but in court, where assistants might place people, as happened in my case, in some of the situations that cause extreme difficulties for victims. I know that noble Lords who are lawyers are not surprised by delays, but there are many things that happen day-to-day in the criminal justice system that cause victims real distress. There seems often not be very much joining up of agencies, let alone police forces. The requests for training that we made in 2012 seem not to have been applied across the board. There is some good but patchy training—and it is not consistent.
The result of that is that many victims of these serious and intrusive crimes feel that their victimisation continues as the case progresses through the criminal justice system. That is despite progress in the victim personal statements scheme that arrived in 2001, witness care units, the Code of Practice for Victims of Crime, the victims’ fund, Victim Support and the restorative justice service. A number of sources, including the organisation Victim’s Voice Survey, made it clear that all these were having little positive impact on victims, who seem to be routinely failed and face revictimisation by the whole of the criminal justice system.
The hour is late and I will not go into much evidence, but there is plenty of it from these surveys and the number of cases highlighted to show the gap between these policies and the day-to-day administration of practice. Currently, some victims’ rights, though not all, are covered by entitlements in the victims’ code, which was designed to make the system more responsive and easier to navigate. The problem is that this is not legally enforceable. It is a code, not statutory guidance. It places discretionary accountability on the agencies. Victim feedback strongly suggests that agencies often fail to apply the code. Agencies which should be guided by it are aware that a failure to provide the service does not make a service provider liable in any legal proceedings.
The complaints and right to appeal process within the code is lengthy and very difficult to navigate. There is clear evidence the victims are deterred from engaging in the complaints procedures because of their complexity. This misses any opportunity to identify ongoing issues that victims are facing and to improve services.
The original victims’ code was clearly a well-intentioned document, but there was widespread agreement, including from the current Government, that it was not delivering all that had been hoped. The new code is similar to the original but makes it all the more difficult to see where improvement to services for victims might come from. There seems to be widespread failure to adhere to the guidance that the code offers, with lack of information and support for victims continuing to be a critical concern.
I should like to give an illustration. During the passage of the Protection of Freedoms Bill I spoke about Claire Waxman, who had at that point been the victim of stalking for considerably more than one decade. She reported that when, after 18 months of harassment, she first went to her local police force, the officer she met laughed at her and told her that she was making a fuss and should be flattered by the attention. She described how, in incident after incident, paperwork was missing for court and the CPS was ill-equipped to cross-examine the stalker in court because it had no idea what the case was about, as the prosecutor had received the files only a few minutes prior to the trial.
On one occasion she received a knock on the door at 10 pm from a uniformed police officer. He informed her that she was due in court the next day as a witness in the ongoing case. The court date had been moved and they realised very late at night that she had not been notified of this change. She was so shocked to be told that she was due in court the following morning that she had no time to prepare herself, or even to inform her work. However, she said that it showed her how much of an afterthought victims really are in this process.
That is a brief illustration of the evidence provided to a group of Peers at a seminar we held in October. A victims’ rights Bill introduced in the House of Commons last October by Sir Keir Starmer has all-party support. Many of the amendments that we are laying before your Lordships now are incorporated into the Private Member’s Bill. These amendments would create a balanced and fair justice system for all who participate, and should restore public confidence in the criminal justice system.
There is one other key point that I want to make. Many of the problems that victims face are due to inefficiencies in the system. If these alone were remedied, there would be a considerable saving to the costs of running the court system. I speak today for victims, but there is a much more important element here that would save the public purse an enormous sum.
We outline a statutory framework for victims’ rights. In summary, we believe that the right to information at every stage of the justice process should be natural, as should the right not to be discriminated against or prejudiced from accessing justice. There should be the natural right not to be subjected to any unnecessary delay and to challenge decisions that impact directly on the victim’s personal safety. There should be a revision of offences that can be appealed on the grounds of leniency. There is a separate amendment later on the non-disclosure of victims’ names to perpetrators in cases of serious sexual offences, where the perpetrator has targeted a stranger. There should be the right to attend and make representations to any pre-court hearing to determine the nature of the court proceedings.
I end on two incidents that were addressed at the hearing, which also set the context of why this is not just about inefficiencies in court. Alleged suspects have many rights once they are brought into a police station. They are entitled to meals, blankets, breaks, tea, coffee, doctors and, where necessary, alcohol and drug workers. All the victims at the seminar that day, when asked whether they had even an offer of tea or coffee when making their formal statements, reported that they had not.
Another incident was more about the police force involved absolutely abrogating its responsibility. A woman who was initially slapped by her husband, who had a history of domestic violence, was thrown on to the bed. He then violently raped her. Their eight year-old son came to the door and he assaulted him to get him out of the way. When the local police came to investigate, they decided that it had to be referred to three different branches of the police: to the CID for the initial slap; to the Sapphire unit for the rape; and to safeguarding for the child’s issue. The victim in this case—the mother of the child—had to make three separate statements and be kept updated with three separate sets of proceedings, and each time relive the experience.
While the victims’ code as it stands has the best of intentions, it is not good enough and we need to strengthen it. I beg to move.
Lord Rosser
I will be very brief, not only because of the lateness of the hour but because the noble Baroness, Lady Brinton, has already been through the case for these amendments.
The noble Baroness said that a victims’ rights Bill was introduced in the House of Commons last year by the then shadow Home Office Minister, Sir Keir Starmer, and it had all-party support. Currently, as we know, victims’ rights are for the most part covered by entitlements in the victims’ code and affected by various other initiatives in recent years. But that code is not legally enforceable and feedback from victims suggests, as has already been said, that agencies often fail to apply the code, perhaps because they are aware that a failure to provide the service does not make a service provider liable to any legal proceedings. Lack of information and support to victims are major areas of concern, with victims prioritising the right to information, protection, treatment and support as the highest priorities.
The purpose of these amendments is to place victims’ rights in a statutory framework, and the noble Baroness, Lady Brinton, has already referred to a number of those rights that are covered. The amendments also place a duty on the Secretary of State to publish and implement a strategy to provide training for all relevant professionals and agencies on the impact of crime on victims.
In essence, these amendments lay down what support should be offered to victims, how that support is managed, what training is necessary to put this into place and how complaints can be pursued. I, too, hope that the Government will feel able to give a favourable response.
Baroness Chisholm of Owlpen
My Lords, I thank the noble Baroness, Lady Brinton, and other noble Lords who have spoken, for raising the important issue of victims’ rights.
It is crucial that the needs of victims of crime are given proper consideration at every stage of the criminal justice process. We published a revised Code of Practice for Victims of Crime, which came into force in November 2015. As a result, victims of all criminal offences, not just victims of more serious offences, are entitled to support under the code. The code provides victims with a range of entitlements, including information about their case, interpretation and translation, and for them to be treated in a respectful and professional manner without discrimination of any kind. Furthermore, the code requires police and other service providers to have a complaints procedure. If victims are dissatisfied with the outcome, they are able to refer their complaints to the Parliamentary and Health Service Ombudsman via their Member of Parliament.
It is essential that victims receive the best possible support to help them cope with and recover from what they have been through. We have a raft of arrangements in place which ensure that victims have access to a wide range of emotional, practical and specialist support determined by and tailored to their needs; wherever possible, this support is accessible locally. We are committed to ensuring that victims get the support they need and have protected the overall level of funding for victims across the spending review period, with over £95 million being provided in 2016-17 to fund crucial support services, including £7 million for the provision of support for victims of child sexual abuse, in recognition of increasing demand. Of the £95 million, we allocated over £67 million in grant funding to police and crime commissioners, who are using that funding to commission local services. The Justice Secretary has recently agreed to extend grant funding to all the nationally funded organisations for 2017-18 while we consider the current mixed model of commissioning national and local services.
We recognise the importance of training for professionals who work with victims. Organisations are responsible for ensuring the highest-quality training for their staff to ensure that victims receive the best possible service and support. However, we also recognise that more can be done. That is why we are working to place victims and witnesses at the heart of a justice system that works for everyone. We recently announced the national rollout of pre-trial cross-examination in 2017 to improve the support available for vulnerable witnesses. We are also investing close to £1 billion to reform and digitise our courts and tribunals. This will improve the experience for all court and tribunal users, including vulnerable victims and witnesses. Furthermore, we have committed to introduce further measures to strengthen the rights of victims of crime. It is important that we take the time to get this right, and we will announce our plans in due course.
Finally, the proposal for homicide reviews is also unnecessary. If the family of a victim has concerns about a closed homicide case, this can be looked at again under the Crown Prosecution Service’s recent guidance, Reviewing Previously Finalised Cases, to determine whether or not a review should be conducted.
Having had this opportunity to debate these important issues, and in the knowledge that the Government will be bringing forward proposals to strengthen the rights of victims, I ask the noble Baroness to withdraw her amendment.
Baroness Brinton
I thank the Minister for her reply, and the noble Lord, Lord Rosser, and my noble friend Lady Hamwee for their contributions. I am pleased that the Government will be looking at this but the difficulty is that much of what we have heard from the Minister does not address the soft issues that face the day-to-day running of any case in the criminal justice system, which are causing many of the problems. I wonder if the Minister would be prepared to meet over the next few weeks to talk through some of these issues. I see she is nodding. I am very grateful. With that, I beg leave to withdraw the amendment.
Baroness Brinton
“Ethnicity monitoring in the youth criminal justice system
All youth criminal justice agencies using the 16+1 ethnicity code must replace the code with the 18+1 ethnicity code based on the 2011 Census.”
Baroness Brinton
My Lords, Amendments 228A and 228B would introduce ethnic monitoring into the youth criminal justice system for Gypsy, Traveller and Roma children and young people.
The case for the amendments is simple. Young Gypsies and Travellers are widely acknowledged as being hugely overrepresented across the entire youth justice system. They have some of the very worst experiences in custody and considerably greater care needs. Yet the youth justice system still uses ethnic monitoring systems based on the 2001 census and therefore Gypsies and Travellers do not appear in the official data. I will touch briefly on why ethnic monitoring is important, particularly in education and in addressing the specific needs of Gypsies and Travellers.
The Government have rightly placed great emphasis on the need to improve the education provided for prisoners, particularly those in the youth justice system. Yet the lack of official data means that the educational needs of young Gypsies and Travellers are ignored without even being addressed. The lack of targeted education interventions is particularly acute in the youth criminal justice system. The Irish Chaplaincy’s research, Voices Unheard, found that 52% of young Irish Travellers required basic educational intervention. In fact, despite investigations from the Prisons and Probation Ombudsman and reports such as Children in Custody consistently revealing that Gypsies and Travellers have lower levels of literacy and are far less likely to understand written English, few to no steps have been taken to address this inequality.
Unfortunately, Gypsies and Travellers continue to experience marginalisation and discrimination in everyday life. Naturally, this negative experience means that they are more likely to distrust authority and far less likely to request help when they need it in prison. Low literacy and being fearful of requesting help directly contribute to Gypsies and Travellers having worse experiences in custody. They find it harder, primarily due to literacy issues, to make applications, to get a prison job or to be involved in purposeful activity while serving their sentences. This is not because of idleness or out of personal choice but because they cannot navigate the system.
There is a real willingness among Gypsies and Travellers to seek education in prison. A Children in Custody report found that 89% of Gypsy, Traveller and Roma young people thought that education in secure training centres would help them when they left. That is compared to just 66% of young people. That desire to learn can be confirmed with organisations such as the Traveller Movement and the Irish Chaplaincy, which regularly work with Gypsy and Traveller children.
However, these children are being failed because they are not seen as a priority. Without official data, the various facilities do not feel any pressure to address the unjustifiable differences in the outcomes for Gypsy and Traveller young people in prison compared with other young people because the absence of data means that these differences in outcomes cannot be fully revealed.
The latest Children in Custody report also revealed that Gypsies, Travellers and Roma in both young offender institutions and secure training centres were significantly more likely to consider themselves to have a disability. In addition, Gypsy, Traveller and Roma children in secure training centres were far more likely to report having unmet health needs. The health and education needs of Gypsy and Traveller children are simply not being addressed in the current system.
Official, reliable and consistent data are integral to ensuring that these children’s needs are being met. There is nothing like having to answer specific questions on a particular group to focus the minds of those delivering a service. The inclusion of Gypsies and Travellers in ethnicity monitoring in youth justice is integral to highlighting and addressing differences in outcomes and, most importantly, in ensuring that these children are provided with a better chance of successful resettlement. I beg to move.
Lord Alton of Liverpool
My Lords, I add my support to the powerful arguments that have been put before the Committee today by the noble Baroness, Lady Brinton, in her excellent speech. Her amendment would include Gypsy and Irish Travellers in the ethnic monitoring systems used in youth justice. The argument for ethnic inclusion was put best by the then Commission for Racial Equality, which likened having an equality policy without ethnic monitoring to,
“aiming for good financial management without keeping financial records”.
Evidence has long suggested that Gypsies and Travellers suffer worse health outcomes, and are at more risk of suicide, than other ethnic groups. Research suggests that they are three times more likely to suffer from anxiety and over twice as likely to be depressed. This is consistent with findings by HM Inspectorate of Prisons, which has found similarly high levels of mental health issues experienced by Travellers and Gypsies in prison, with them also being twice as likely to experience mental health problems compared to other prisoners. As is common with most ethnic minorities, Gypsies and Travellers find it difficult to open up to people outside their community and are therefore far less likely to report issues to prison staff. These findings underline why ethnic monitoring is urgently needed in the youth justice system, as the noble Baroness has explained.
The Gypsy and Traveller groups that have developed in adult prisons as a consequence of ethnic monitoring have made an enormous difference to Gypsies’ and Travellers’ experiences inside those prisons. These act as a safe space where they can talk about how they are coping in prison and, more importantly, receive support from their own community. A Traveller forum in HM Prison Chelmsford, supported by the Brentwood Ursulines, is testament to this. The forum meetings are now attended by around 40 Gypsies and Travellers and acts a platform for Gypsies and Travellers to speak openly about the challenges that they face.
The forum has also helped to improve the literacy of Gypsies and Travellers. In order to secure a prison job, you are required to pass level 2 literacy, a threshold that many Gypsies and Travellers in prison are, sadly, unable to meet. As is often the case with people who struggle with reading and writing, they fear stigmatisation and ridicule if they admit they cannot read and write. This prevents many Gypsies and Travellers from engaging in education programmes. It is the ultimate Catch-22, a finding that is confirmed by the Irish Chaplaincy’s Traveller Equality Project.
Happily, however, I can report that as a consequence of the forum’s work many of those Gypsies and Travellers have started to take part in the Shannon Trust’s Turning Pages project, which assists prisoners who wish to learn how to read. This has had some significant outcomes, including the possibility of securing jobs. Equally importantly, the forum has also greatly improved the relations between the Gypsy and Traveller prisoners and the prison staff who attend the meetings, and address issues that have been raised. Without the introduction of ethnic monitoring, it is hard to imagine how some of those things would have been achieved.
Baroness Chisholm of Owlpen
I am grateful to the noble Baroness, Lady Brinton, for raising the issue, and all noble Lords who have taken part.
The Government acknowledge that it is of great importance that ethnicity classifications of children and young people in the youth justice system are robust and accurate. Noble Lords will recall that the Prime Minister announced in August an audit of public services to reveal racial disparities and to help to end the injustices that many people experience. At present, youth custodial establishments and youth justice agencies, such as youth offending teams and the Youth Justice Board, are not required by legislation to use a particular system of ethnic monitoring; these amendments would change that.
In 2011, the National Offender Management Service adopted the 18+1 system on the centralised operational database used in prisons and young offender institutions for the management of offenders, following the change of classifications for ethnicity within the national census. However, it is the case that the new classification is not consistently used by secure children’s homes, secure training centres and youth offending teams. In principle, we agree with the aim of using the 18+1 classification, and the Government are ready to examine whether and how this could be done consistently across youth justice agencies and custodial establishments. I should point out, however, that such a change can be delivered through administrative means rather than through legislation. We feel that such an approach is preferable, given that to enshrine the 18+1 code in legislation would inhibit future flexibility in the event that the Office for National Statistics were to decide to change the 18+1 code system and introduce a new system of ethnicity classifications.
Although we support working towards consistency in terms of the data that we are recording, I hope that the noble Baroness would recognise that the universal adoption of the 18+1 code would require youth justice agencies to make a significant number of technical changes to a range of data systems, as the noble Lord, Lord Rosser, mentioned. This is because many existing IT and data collection systems are designed only to accommodate the 16+1 classification. For this reason, we believe the impact on agencies and custodial establishments must be explored and analysed and appropriate approaches identified.
I do not have costings at the moment, and will have to get back to the noble Lord on that point—although, interestingly enough, inspiration has appeared over my left shoulder. However, I am not sure that it is going to be that helpful. I have no information on the cost of the necessary IT changes. Clearly, they would need to be identified and factored into the work that would need to be done as youth justice agencies moved to the 18+1 system. I shall make inquiries as to whether further information is available and write to noble Lords. I am afraid that I do not have much more to add.
In conclusion, the noble Baroness has highlighted a valid issue. We support the broad aim of these amendments and will consider further the practical implications of embedding the 18+1 code system throughout the youth justice system. I hope that, on this basis, the noble Baroness would be content to withdraw her amendment.
Baroness Brinton
I thank all those who have contributed to this debate on this very important issue, including the noble Lord, Lord Alton, the noble Baroness, Lady Whitaker, the noble Baroness, Lady Bakewell of Hardington Mandeville, the noble Earl, Lord Attlee, and the noble Lord, Lord Rosser—and particularly the noble Lord, Lord Rosser, for highlighting in detail the issues that I felt that I did not have time to go into on what is happening with the IT system. I put it on record, too, that the noble Lord, Lord Ouseley, the noble Baroness, Lady Young of Old Scone, and the noble Lord, Lord Judd, wanted to speak in this debate but, because the date has moved on, were unable to be in their places.
I thank the Minister for her comments, although I was slightly startled by her opening statement about this new system of ethnicity. It is new only to the youth justice system. It is in use absolutely everywhere else. I am not intending to suggest that the Minister was saying anything else, but that is the whole problem—that there is a particular section of the criminal justice system that is not using the same databases as everybody else. We know from the example that the Minister quoted of the W3 Gypsy or Traveller code being added to P-NOMIS that the Irish chaplaincy has reported that many prisons are holding Traveller groups, appointing Traveller reps and holding Traveller history months—and, what is more, there is an increase in uptake of education by more than 10% among Traveller prisoners. That is a sign of real success. Surely young Gypsy and Traveller children who are in the system early on deserve that support the moment they come into the system. I hope that we can keep the doors open to discuss the matter as a matter of urgency. I beg leave to withdraw the amendment.
Lord Ponsonby of Shulbrede
My Lords, I also support this amendment, to which I have put my name.
As I mentioned in an earlier debate, I sit as a magistrate in central London for crime, youth and family matters. I have been a magistrate for just over 10 years and have seen a big change in the nature of crime which we deal with in London. While there is a decreasing overall amount of crime brought to courts in London, there is a rising proportion of crime related to domestic abuse. We all receive specialist training on that matter—we have specialist courts and are very careful about the way we deal with those matters in court. It is an ever increasing proportion of our workload, so I have given out many restraining orders and have also dealt with many breaches of restraining orders. When one gives a warning to somebody who has been given a restraining order, one can never really be too stark in explaining to the offender just how serious it is. Many times you get the impression that they do not appreciate the seriousness of their activities.
Even when a defendant has been acquitted and found not guilty, you can still put in place a restraining order if you believe it is suitable, and you still have to give a suitable warning for that restraining order being put in place. The amendment deals only with people who have been convicted, but restraining orders can be put in place when people are acquitted as well.
The purpose of this amendment is as a backstop to provide the ability to have higher sentences where the courts have put in place unduly lenient sentences. The maximum is five years, but very often there needs to be a facility and an ability to increase sentences if they are felt to be unduly lenient.
Baroness Brinton
My Lords, one of the major concerns is that stalking is not used as a charge often enough. It is still too easy to charge with the offence of harassment, rather than stalking. We really need to make sure that the criminal justice system recognises and understands stalking—that was the law reform in 2012 that we worked hard to achieve. However, it is also important to recognise that some cases of stalking are consistently appalling and are also coercive behaviour.
The noble Lord, Lord Wigley, referred to the case of Emily Maitlis’s stalker who had previous convictions, including breaches of restraining orders in 2008, 2010, 2013, 2014 and earlier this year. I am sorry to say that that is not uncommon behaviour with stalkers and there needs to be the facility for the courts to apply for more serious custodial sentences where orders are consistently breached—not least the way that the stalking and coercive behaviour continues. One of the problems we have heard time and again from victims of domestic violence, stalking and coercive behaviour is the way other courts are used—the civil courts or family courts that do not recognise restraining orders that have been held elsewhere. We heard of information, which had not been passed to the family courts, of one former stalker who had been trying to get in front of his ex-partner through the family courts. It is very necessary to have this limited use but essential tool available for the judiciary.
Baroness Williams of Trafford
My Lords, the Government recognise and agree with the noble Lord’s desire to see the unduly lenient sentence scheme extended to enable reviews of sentences for a wider range of offences. The scheme is a valuable way of ensuring that sentences for serious crimes can be challenged when they are considered to be unduly lenient. The Government have a manifesto commitment to extend the scope of the scheme and on 4 October my right honourable friend the Home Secretary announced an extension to cover many terrorism offences—including those under Section 12 of the Terrorism Act 2000—that are covered by the noble Lord’s amendment. The extension can be done very straightforwardly by order.
The noble Lord’s amendment seeks to use primary legislation to require the Lord Chancellor to exercise the order-making power she has under Section 35 of the Criminal Justice Act 1988 to add offences to the scheme. This would add additional complexity to the legislative framework around the scheme and would curtail the Lord Chancellor’s discretion to amend the scheme as provided by the 1988 Act. Under the current provisions, the Lord Chancellor can amend the scope of the scheme by order and the Government can consider more broadly what offences or types of offences are most appropriate for inclusion at any time, as we have announced we will do with terrorism offences. With the reassurance that the Government intend to honour their manifesto commitment, I hope that the noble Lord will feel happy to withdraw his amendment.