Police, Crime, Sentencing and Courts Bill

Baroness Brinton Excerpts

Lords Hansard - part one & Committee stage
Wednesday 27th October 2021 Lords Chamber

[Baroness Bertin (Con)]

I thank the noble Lord for his intervention and absolutely agree. Of course, it would not solve the entire issue, but it would set us on the right path in sending that signal to the CPS, as well as to the police.

The multiagency, public health preventive approach is so important. Education plans, health plans and a more standardised perpetrator scheme would all be part of what this change could look like. It is important to note that the HMIC report that the Home Secretary commissioned warned that this duty, as it stands, would not go far enough in that regard.

The noble Lord, Lord Polak, mentioned in his speech at Second Reading that we need to make sure that such landmark legislation, the Domestic Abuse Act and this Bill, does not stand in isolation. We need to sustain the momentum of this ambition. Let us once and for all try to buck the trend of silo policy-making and bring together this work in a meaningful way.

As others have discussed in previous debates, it is right that the burden should not fall entirely on the police. I think we spoke about “broadening the base”, and that is why it is crucial that we get this duty right. Nevertheless, the specific policing response and the CPS response deserve a lot of attention. One-third of all violence reported to the police is domestic abuse related. This is not a small slice of their work. While their response to this crime has certainly improved over the past decade, and there are pockets of excellence and dedication, which we must acknowledge, there are still inconsistencies at every level in how the police respond to victims of domestic abuse and sexual offences, and shocking variations in how frequently—perhaps infrequently would be more appropriate—different forces use the protective powers available to them. I am sure that the noble Baroness, Lady Brinton, will speak at length on stalking; some forces around the country seem entirely unaware that stalking protection orders are available to them, and this has to change.

Another statistic that shocks me is that three-quarters of all domestic abuse cases are stamped with “no further action”. We know from the rape review that was launched this year, and as the noble Lord, Lord Carlile, has pointed out, that that happens with so many incidents of sexual offences. It cannot continue. The lottery of standards among the 43 police forces in this country, and within individual forces, means it very often boils down to who picks up the phone or who responds to the call as to how victims are dealt with.

I will make one further point before I finish. As with other high-harm crimes, such as terrorism and organised crime, I believe strongly that violence against women and girls should be marked with a clearer focus, better funding, minimum standards and far more national co-ordination. This amendment is only part of the answer—of course it is—but it could be instrumental in starting that journey to greater consistency. Small actions taken together can make a big difference. While this amendment is relatively simple, its effects could ripple out.

Finally, you do not wake up one morning and become a murderer or a rapist; you work up to it. The horrific chain of events leading to Sarah Everard’s terrible murder laid this bare in the starkest of terms. We have to act to do all we can to stop this kind of behaviour in its tracks before it escalates and takes lives. There is an opportunity in this Bill, and we must take it.

[Baroness Brinton (LD) [V]]

My Lords, before I speak to my Amendment 56, I will start by saying that I completely agree with everything that the noble Baroness, Lady Bertin, has just said. Amendment 56 adds to Amendment 55’s

“domestic abuse, domestic homicides and sexual offences”

the words “and stalking”, to be added to the definition of the serious violence prevention duty. As the noble Baroness identified, this is a keen interest of mine. I also support the noble Lord, Lord Carlile, pushing for a charging review for this range of crimes. Too often, they are either ignored or charged at a much lower crime rate.

The Minister will remember that, during the passage of the then Domestic Abuse Bill, many hours were spent looking at the typical progression of violence in obsessed perpetrators. Some of us asked the Ministers to look at the reverse structure of someone who had committed a crime of serious violence. All too often, the elements of behaviour were there from early on in their fixated behaviour. I understand that that is why the noble Baroness, Lady Bertin, and others have laid their amendment to ensure that this trajectory of behaviour starts to be monitored early; and it also recognises when domestic violence accelerates very quickly. Adding

“domestic abuse, domestic homicides and sexual offences”

is absolutely vital.

But I regret that stalking was not on the list in her amendment, and I will focus briefly on that. First, victims of stalking say that they often do not go to the police until around the 10th worrying event has happened. Shamefully, it often takes many more before stalking is taken seriously by the police. But many perpetrators of stalking, as I have said, progress in their fixated behaviour, and serious violence and homicide are too often evident.

The noble Baroness, Lady Bertin, referred to stalking protection orders. I was pleased when they were implemented, but they are far too sparingly used, and some victims are told, “That’s all you need. It’ll be fine now”. Yet injunctions still have to be taken out and cautions still have to be issued, and, all the while, their stalker’s behaviour is becoming worse and worse.

According to Dr Jane Monckton-Smith, stalking sits at point 5 of the eight points on the homicide timeline, due to the fact that risk to the victim escalates at the point of leaving an abusive relationship. Monckton-Smith’s 2017 study of 358 homicides, all of which involved a female victim and a male perpetrator, revealed stalking behaviour as an antecedent to femicide in 94% of the cases. These figures demonstrate how vital it is to work on prevention for stalking cases.

There is a misconception that stalking is almost exclusively perpetrated by people on former partners and, therefore, probably covered by domestic abuse. This is untrue. The real figure is closer to 50%. Too many victims of non-partner or former-partner perpetrators of stalking report that, the first time that they talk to the police, they are told that they are overreacting, and some, especially young women, are even told that they should be grateful for the attention.

So stalking victims are too often ignored, and that is worrying. There is no other word for it than “ignored”—I know. The man who stalked me and other colleagues—he stalked men, too—over a three-year period grew progressively more fixated. Among other very unpleasant acts, such as abusive anonymous letters and telephone calls, his violence was initially against property—breaking windows, pulling down signs and scratching cars—but, each time, it was a bit stronger, more aggressive and more distressing. It took well over a year and 130 incidents before the police started taking it seriously. But their attitude changed completely when, night after night, he started using a very large knife to slash tyres. Their forensic psychologist warned that they expected that he would start using that knife on his targets next. We all knew who the perpetrator was, and, finally, we saw that the police started to move. He was then arrested quickly, and he pleaded guilty.

More recently, in June this year, Gracie Spinks, who, like many stalking victims, was let down by police because they did not take any of the early reports and link them together, was murdered at the riding stables she worked at by a former colleague from a previous job. She had reported her concerns to police four months earlier. He had turned up unannounced at the stables. Separately, a bag containing knives, an axe, a hammer and a note saying “Don’t lie” was discovered very close to the stables six weeks before Gracie’s murder. That breadcrumb trail was all there, and it was typical of a serious stalker, too—the perpetrator profile is well known. Gracie’s father, Richard, has said that if only the police had connected the incidents, his daughter would not have died.

Neither Gracie’s nor my case would have been covered by Amendment 55. Stalking needs to be added to this section on the serious violence protection duty just as much as domestic abuse, domestic homicides and sexual offences.

[Lord Polak (Con)]

My Lords, I am very pleased to add my name to Amendment 55 and pay tribute to my noble friend Lady Bertin for her leadership on these matters. I was also pleased to have worked with my noble friend, together with the noble Lords, Lord Rosser and Lord Russell of Liverpool, during the passage of the Domestic Abuse Bill.

The amendment in our names is an extension of our previous work. I shall not repeat and rehearse the reasons why it is important that the definition of serious violence for the purpose of the proposed serious violence prevention duty must include domestic abuse, domestic homicides and sexual offences. For me, it is straightforward, and I make a simple appeal to my noble friend the Minister, who was so instrumental in piloting the Domestic Abuse Bill through Parliament with such professionalism, dedication and patience. There is an opportunity to cement and build on that historic and vital legislation, to build on what was achieved, so that it can be possible for the serious violence strategy to recognise domestic abuse and sexual violence. Can it be possible for a serious violence strategy not to recognise them as forms of serious violence? It would be difficult to understand.

The Domestic Abuse Commissioner, Nicole Jacobs, has said that the Government risk missing an opportunity to make a “historic shift” in the handling of this problem. She went on to suggest that this amendment could deliver a step change, ensuring a focus not only on crisis provision but on early intervention and prevention measures to stop abuse occurring. I totally agree with her.

The Home Office’s draft guidance says that local areas “could” consider violence against women and girls as part of the new duty if they choose to. I am still trying to get my head around “could”. How about “must”? This short and succinct amendment is so important, and I just do not understand who could not support it.