Policing and Crime Bill

Baroness Brinton Excerpts

Report: 3rd sitting (Hansard): House of Lords
Monday 12th December 2016 Lords Chamber

Moved by

[Baroness Brinton]

188: After Clause 155, insert the following new Clause—
“Police observance of the Victims’ Code: enforcement
(1) The Parliamentary Commissioner Act 1967 is amended as follows.(2) In section 5(1B) omit from “by” to “sections 35”.(3) After section 5(1B) insert—“(1BA) Subsection (1C) applies if a written complaint is made to the Commissioner by a member of the public who claims that—(a) a police officer;(b) a police service employee other than a police officer; or(c) another person determined under section (1BC);has failed to perform a Code duty owed by him to the member of the public. (1BB) For the purposes of subsection (1BA) a Code duty is a duty imposed by a code of practice issued under section 32 of the Domestic Violence, Crime and Victims Act 2004 (code of practice for victims).(1BC) The Secretary of State may by regulations made by statutory instrument amend the categories of person identified in subsection (1BA) as the Secretary of State thinks fit.”(4) In section 5(4A), after “(1A)” insert “or (1BA)”.(5) In section 6(3), at beginning insert “Except as provided in subsection (3A)”.(6) After section 6(3) insert—“(3A) Subsection (3) shall apply in relation to a complaint under section 5(1BA) as if for “a member of the House of Commons” there were substituted “the Commissioner”.”(7) In section 7(1A), after “5(1A)” insert “or 5(1BA)”.(8) In section 8(1A), after “5(1A)” insert “or 5(1BA)”.(9) After section 10(2A) insert—“(2B) In any case where the Commissioner conducts an investigation pursuant to a complaint under section 5(1BA) of this Act, he shall send a report of the results of the investigation to—(a) the person to whom the complaint relates,(b) the principal officer of the department or authority concerned and to any other person who is alleged in the relevant complaint to have taken or authorised the action complained of, and(c) the Commissioner for Victims and Witnesses appointed under section 48 of the Domestic Violence, Crime and Victims Act 2004 (commissioner for victims and witnesses).”(10) After section 10(3B) insert—“(3C) If, after conducting an investigation pursuant to a complaint under section 5(1BA) of this Act, it appears to the Commissioner that—(a) the person to whom the complaint relates has failed to perform a Code duty owed by him to the person aggrieved, and(b) the failure has not been, or will not be, remedied, the Commissioner shall lay before each House of Parliament a special report upon the case.(3D) If the Commissioner lays a special report before each House of Parliament pursuant to subsection (3C) the Commissioner may also send a copy of the report to any person as the Commissioner thinks appropriate.(3E) For the purposes of subsection (3C) “Code duty” has the meaning given by section 5(1BB) of this Act.”(11) In section 10(5)(d), for “or (2A)” substitute “, (2A) or (2B)”.(12) In section 12(1), after paragraph (b) of the definition of “person aggrieved”, insert—“(c) in relation to a complaint under section 5(1BA) of this Act, means the person to whom the duty referred to in section 5 (1BA) of this Act is or is alleged to be owed;”.”

[Baroness Brinton (LD)]

I thank the Minister for meeting me and others to discuss this group of amendments about support for victims. I was pleased that she said that the Government would bring proposals forward to strengthen victims’ rights; I was slightly less pleased that it was “in due course”. We have heard an awful lot tonight about an awful lot of reviews in future, and I am mindful of the amendment proposed by the noble Baroness, Lady Royall, after which we were also told that there would be future reviews on stalking law. Much of the difficulty that faces victims navigating the criminal justice system is because nobody is taking hold of the evidence that we have about what is and is not working.

There has been a substantial amount of legislation over the last few years, with the victim personal statement scheme in 2001, witness care units, the code of practice for victims of crime from April 2006, the victims’ fund, victim support, restorative justice, and of course the creation of the Victims’ Commissioner. In January 2015, the noble Baroness, Lady Newlove, said in her first Victims’ Commissioner report:

“I raised concerns about the process, the process was almost worse than the actual journey of being a victim”.

Her report noted that justice agencies failed to demonstrate “compassion, empathy and patience” when handling complaints from victims. She said that,

“victims feel ignored, unimportant and confused when raising concerns about their treatment”.

The report took into account the experiences of over 200 victims and assessed the performance of all criminal justice agencies listed in the victims’ code, and the review found that inadequate attention was paid to the “personal touch” that was needed.

The Government responded thereafter, and there has sadly been very little progress—and the Public Accounts Committee published earlier this year a report that noted that the,

“system is bedevilled by long standing poor performance including delays and inefficiencies, and costs are being shunted from one part of the system to another … The criminal justice system is not good enough at supporting victims and witnesses …Timely access to justice is too dependent on where victims and witnesses live … The Ministry has been too slow to recognise where the system is under stress, and to take action to deal with it … There is insufficient focus on victims, who face a postcode lottery in their access to justice due to the significant variations in performance in different areas of the country”.

So “due course” is just not good enough; we need to move forward and need it urgently. The core of the problem is that victims’ rights are currently not covered by entitlements in the victims’ code, originally designed in 2015 to make the system more responsive and easier to navigate. It is just not legally enforceable and places discretionary accountability on to the agencies, and victim feedback strongly suggests that agencies often fail to apply the code. Agencies that should be guided by the code are aware that a failure to provide the service does not make the service provider liable to any legal proceedings.

--- Later in debate ---

[Baroness Chisholm of Owlpen]

I thank the noble Baroness, Lady Brinton, for meeting with me, and for tabling these amendments again so that this House has a further opportunity to debate the important issue of victims’ rights.

Some of the amendments seek to place aspects of the Code of Practice for Victims of Crime on a statutory basis. This is a statutory code, provided for by the Domestic Violence, Crime and Victims Act 2004, and as such all criminal justice agencies are required to provide the services victims are entitled to under it. Many of the entitlements for victims included in the proposed amendments are already in the code. Some are for all victims of crime, while others are enhanced entitlements for the most vulnerable victims of crimes such as stalking and domestic and sexual abuse. Placing them on a statutory footing separately will not ensure compliance, nor guarantee that those entitlements are delivered effectively. The effect would merely be symbolic, and make amendment and updating of entitlements more difficult.

As I said before, we recognise the importance of training for professionals who work with victims. Under the police educational framework and national curriculum, police officers and staff receive training on the code throughout their careers. Officers and staff can receive training on the code at various stages of their careers. This training is supported by a new online package launched by the College of Policing. All Crown Prosecution Service staff who attend court have been given face-to-face training on the new Speaking to Witnesses at Court guidance and on how to interact with victims and witnesses at court without undermining the fairness of the trial. This is supported by a comprehensive package of e-learning, which barristers who appear for the CPS in court are expected to complete.

We also appreciate that more can be done in relation to certain categories of crime. That is why, for example, the College of Policing, as part of reviewing its guidance on stalking and harassment investigations, is looking at whether police officers fully understand the offences and are receiving appropriate training. It is also why Her Majesty’s Inspectorate of Constabulary and Her Majesty’s Crown Prosecution Service Inspectorate are carrying out a joint inspection to assess the effectiveness of police forces and the CPS in dealing with cases involving stalking and harassment, and to examine the service received by victims. The CPS is developing a training package for its prosecutors to improve the quality of charging and review decisions in stalking and harassment cases.

There has also been a concerted effort to improve the response of the police in domestic abuse cases. In its most recent national thematic inspection of the police response to domestic abuse, Her Majesty’s Inspectorate of Constabulary found improvements in police attitudes towards victims and front-line officers’ understanding of the importance of dealing with victims in a supportive way. Since 2014, every police force has published a domestic abuse improvement plan, new guidance has been published by the College of Policing, new training has been successfully piloted and for the first time, police are now collecting data against a national standard on all domestic abuse recorded crimes. A joint police and CPS witness care review is looking to identify clear performance measures which would include timeliness of communication of information to witnesses as set out in the code. In addition, Her Majesty’s Courts & Tribunals Service is undergoing an audit by the Government Internal Audit Agency on the effectiveness of arrangements in place for victims and witnesses, against requirements in the victims’ code and the witness charter. Results are expected in the first quarter of 2017.

In order to determine what is required to strengthen further the rights of victims of crime, we are looking at available information about compliance with the victims’ code, and considering how it might be improved and monitored. We are also looking carefully at the range of proposals that have been made by the Commissioner for Victims and Witnesses and others. We are focused on making sure we get this work right, and ensuring that any future reform proposals are evidence-based, and an effective and proportionate approach.

Finally, in relation to Amendment 188, which seeks to provide a direct route of complaint for victims to the Parliamentary Ombudsman, I should add that on 5 December the Cabinet Office published a draft public service ombudsman Bill. The Bill will improve access to the ombudsman’s services by allowing for all complaints to be made with or without the help of a representative and in a variety of formats to meet the digital age. When the Bill is brought before your Lordships’ House, it will provide a further opportunity for noble Lords to test whether the measures I have set out are delivering the improvements to the experience of victims in their interaction with the criminal justice system that we all want to see.

I hope that, having further debated these issues and received greater detail of the work that is being undertaken both by the Government and by the criminal justice agencies, the noble Baroness will be content to withdraw her amendment.

[Baroness Brinton]

I thank the Minister for her response, but sadly, many of the concerns I have raised were not particularly well articulated. There is no doubt that there is an entitlement to victims to have support. The fundamental problem is that there is no duty on the agencies to deliver it. The Minister said that police receive training when they first start their careers, and they can receive training later on. The problem is that, in practice, it does not happen consistently. The experience of victims, as outlined both tonight and at earlier stages of the Bill, demonstrates that it is still woefully inadequate in some parts of the country. The College of Policing clearly has an important role, but there are real concerns that there is a focus on the domestic abuse improvement plan without understanding that stalking and coercive control are key issues as well.

I accept the points the Minister has made about the draft public services ombudsman Bill, but there is more in Amendment 188 than is covered in that draft Bill. I believe that I have noble Lords’ support, and I would like to test the opinion of the House.

--- Later in debate ---

Moved by

[Baroness Brinton]

189: After Clause 155, insert the following new Clause—
“Police etc. provision for victims’ entitlement: framework
(1) The Victims’ Code provided for under section 32 of the Domestic Violence, Crime and Victims Act 2004 (code of practice for victims) shall include, but not be limited to, the entitlement of victims of crime to receive accurate and timely information from—(a) the police; and (b) such other agencies of the criminal justice system concerned with the detection and prosecution of the relevant crime and with the support of victims of crime as the Secretary of State deems fit.(2) The police must ensure provision to victims of—(a) adequate notice of all relevant court and other legal proceedings,(b) information about decisions by and discussions between the police and other agencies of the criminal justice system relating to the person convicted of the crime concerned (“the perpetrator”),(c) information about any prison sentence previously served by the perpetrator,(d) information about relevant changes to the perpetrator’s circumstances whilst on parole or in custody,(e) information about any crimes committed by the perpetrator outside the United Kingdom where the victim of the crime concerned is a British national,(f) access, where required, to adequate interpretation and translation services, and(g) information about the direct contact details of the criminal justice agencies and individuals involved in the court or other legal proceedings concerned.(3) During criminal justice proceedings, the police and other relevant agencies and authorities of the criminal justice system must ensure that victims of crime—(a) are not subjected to unnecessary delay by any other party to the proceedings;(b) are treated with dignity and respect by all parties involved; and(c) do not experience discriminatory behaviour from any other party to the proceedings.(4) Children and vulnerable adults must be able to give evidence to a court from a secure location away from that court or from behind a protective screen.(5) The investigating police force concerned must ensure the safety and protection of victims of crime during proceedings, including but not restricted to—(a) a presumption that victims of crime may remain domiciled at their home with adequate police protection if required; and(b) ensuring that the victim and those accompanying them are provided with access to a discrete waiting area during the relevant court proceedings.(6) All victims of crime shall have access to an appropriate person to liaise with relevant agencies on their behalf and to inform them about and explain the progress, outcomes and impact of their case.(7) Witnesses under the age of 18 shall have access to a trained communications expert, to be known as a Registered Intermediary, to help them understand as necessary what is happening in the criminal proceedings.(8) Victims of crime shall have access to transcripts of any relevant legal proceedings at no cost to themselves.(9) Victims of crime shall have the right to attend and make representations to a pre-court hearing to determine the nature of the court proceedings.(10) The Secretary of State must take steps to ensure that victims of crime—(a) have access to financial compensation from public funds for any detriment arising from the criminal case concerned;(b) are given the right to approve or refuse the payment of any compensation order made by a court against a person convicted of a crime against them; (c) have reimbursed to them, from public funds, any expenses incurred by them in attending in court and in any related legal process, whether in the United Kingdom or overseas;(d) have available to them legal advice where considered necessary by a judge in court proceedings; and(e) are not required to disclose personal data in legal proceedings which puts their safety at risk unless specifically ordered to do so by a judge.”