Victims and Prisoners Bill

Baroness Gohir Excerpts

2nd reading
Monday 18th December 2023 Lords Chamber

[Baroness Gohir (CB)]

My Lords, I declare my interests as set out in the register, in particular that I am the CEO of Muslim Women Network UK, which is one of the charities that responded to the Government’s consultations on the Bill. I thank the noble and learned Lord, Lord Bellamy, for outlining the key points in the Bill. Many gaps remain, but I welcome the Bill and I hope that the gaps can be addressed. I will try to point out a few examples.

The Bill does not adequately protect children. I look forward to hearing what the noble Baroness, Lady Benjamin, has to say about this later. The definition of “victim” in Clause 1 needs to be expanded further to include children who have been forced or coerced into criminal activity. A statutory definition of “child criminal exploitation” must also be introduced, as recommended by several children’s charities such as the NSPCC, Barnardo’s and the Children’s Society. It would prevent statutory agencies from regarding these children as perpetrators only.

Many child victims of abuse and exploitation go unsupported because they are not able to access specific services to meet their needs in their locality. The Bill must place a duty on commissioners to commission sufficient specialist child-specific support and advocacy services to ensure that all child victims are supported, no matter where they are in the country.

Clause 15, which focuses on creating guidance for independent sexual violence advisers and independent domestic violence advisers for adults must go further and create guidance for child ISVAs and child IDVAs. The guidance does mention service provision for children, but having child ISVAs and child IDVAs would strengthen protection for them. Clause 15 does not mention when the guidance will be reviewed, and it would be helpful to add a timeframe to ensure that the guidance is kept up to date.

I welcome Clause16, which restricts parental responsibility when one parent kills another. However, to further safeguard children, parents who have been convicted of committing serious sexual offences against their children or other children in their households should also automatically lose parental responsibility. The automatic parental right of men who have fathered a child through rape should also be removed. This is especially important, given that anyone born as a result of rape is now being recognised as a victim in their own right in Clause 1 of the Bill. Parents should not have to spend thousands of pounds to protect their children by going through court—and how about those parents who do not have the resources to do that?

How will the needs of children will be incorporated into the victims’ code? Does the Minister agree that the Secretary of State should also be required to provide a victims’ code specifically designed for children, as recommended by the Children’s Commissioner? The code will only be effective if all professionals receive the same level of training, and there is accountability. These issues have already been mentioned in depth by the noble Baroness, Lady Brinton.

Clause 6 mentions awareness-raising only for service users and public; it is silent on training for professionals who will be tasked with delivering the code of practice. There is also no punishment for failing to act in accordance with the code. The power to punish non-compliance, even if discretionary, would give victims more trust and confidence in the criminal justice system. I think we would all agree that such trust and confidence is at an all-time low.

The Bill states that the code can be revised from time to time. However, to ensure that this review is not delayed, I recommend that we put in a time frame such as every three to five years. The Bill does not adequately protect adults either. Stalking is poorly understood. Police forces are failing to address stalking even though we have stalking legislation. Independent stalking advocates should therefore also be included in Clause 15; it would help to save lives.

All victims of violence, no matter their background, should have equal access to services. We must therefore have a firewall to stop statutory agencies reporting migrant victims of domestic abuse to Immigration Enforcement when they try to seek support and help. We must expand the destitution domestic violence concession model to ensure that migrant victims of domestic abuse get the financial support they need, regardless of their immigration status. We must have ring-fenced funding for specialist services at both local and national level, and that funding must be accessible. The current funding model means that smaller specialist “by and for” organisations often do not meet the income thresholds that the Government tend to set, which prevents them applying for funding.

The right to contest decisions is a fundamental pillar of justice. Clause 2(3)(d) mentions that victims

“should be able to challenge decisions which have a direct impact on them”.

However, the Bill does not mention anywhere the victims’ right to review. For noble Lords who are not familiar with the victims’ right to review, I will explain its status and the gaps. A victim of crime has the right to seek a review of a CPS decision not to prosecute. That right was established by article 11 of EU directive 2012/29. At present that directive is still law for us because of some of the EU legislation that we have retained.

However, the legislation contains a significant gap for victims who are subjected to crime by multiple perpetrators, such as victims of gang rape or child sexual exploitation. At present the victims’ right to review works only if there is a single perpetrator. In cases in which there are multiple perpetrators but only one or some are charged—say, for rape—and others are not, the victims do not have the right to ask for a review on why other perpetrators have not been prosecuted. That has resulted in many victims dropping cases and perpetrators not being brought to justice. The Bill provides an opportunity to address that gap. Does the Minister agree about the unfairness of the current victims’ right to review? Will he consider strengthening it in the Bill or in the victims’ code of practice?

The Bill presents a significant chance to enhance the safeguarding of victims and guarantee a response that meets their needs. I urge the Government to do all they can to make this a reality and address all the gaps.

Victims and Prisoners Bill

Baroness Gohir Excerpts

Committee stage
Wednesday 24th January 2024 Lords Chamber

Moved by

[Baroness Gohir]

13: Clause 2, page 2, line 27, at end insert “, including where there are or were multiple perpetrators”
Member’s explanatory statement
This amendment seeks to ensure that all victims can request a review of a police or Crown Prosecution Service decision not to charge a suspect including when there are multiple perpetrators.

[Baroness Gohir (CB)]

My Lords, I draw attention to my interests as set out in the register, particularly as CEO of the Muslim Women’s Network UK, which operates a national helpline. I will speak to Amendment 13 in my name; I also support the other amendments in this group, which I will address at the end.

The purpose of my amendment is to ensure that all victims have an equal right to have the police or CPS decision reviewed when suspects are not charged. Not all victims will exercise this right, but it must be available to all victims if their voices are truly to be heard in the criminal justice system. At present, some victims do not have the same right to review a decision. For example, when there is one suspect and they are not charged, there is a right to review the decision. When there are multiple suspects and none of them is charged, there is a right to review the decision. However, if there is more than one suspect and some of them are not charged while others are, the victim cannot ask for a review into why the other suspects were not charged. This creates a hierarchy of victims.

I will explain how I stumbled on this gap in the law. The Muslim Women’s Network helpline supported a south Asian Muslim teenager who had been groomed and sexually exploited. She was raped by a gang of men. With the support of the helpline and her family, she reported the crime to the police, which was very difficult for her as she came from a south Asian background. The culture of shame and honour could have been a huge barrier to reporting, but she did it. The police then arrested several men, but ended up charging only one of the suspects. This was a huge shock to the victim, her family and the helpline. She then decided to try to get the decision reviewed but was told that she could not, for the reasons I have stated. She lost trust and confidence in the process, which led to her eventually dropping the case against the one perpetrator, so she got no justice at all.

I do not believe that this is an isolated case. We already know that rape convictions are extremely low, even in simpler cases where there is just one suspect, so one can imagine the conviction rates in more complex cases where there are multiple perpetrators. It is very plausible that this current loophole is contributing to victims dropping cases. Although I am using rape cases as an example to highlight the gap for reviewing decisions, this can also apply to many other scenarios in which more than one perpetrator is involved in the crime, such as anti-social behaviour.

I thank the Minister for listening to my concerns. We have exchanged letters and he has committed to explore this issue further with the CPS and the police. However, I believe they will continue to follow the current legislation, which has been adopted from the EU. Unless this is changed, it is in their interests to continue with the status quo rather than to follow non-binding policies.

Bringing multiple perpetrators requires more work because there needs to be more evidence gathering. It can be easier for the police and the CPS to say, “Well, we are only charging one person and not the others”, knowing that the victim cannot appeal this decision. That will mean less work for the police.

Police forces have already been heavily criticised for the way that they treat and investigate sex abuse crimes. The loophole therefore works in favour of the police and against the victim. One explanation that has been provided for not reviewing decisions is that if some suspects are not charged, and this is then reviewed, it could delay prosecution, which, in turn, can result in witnesses and victims withdrawing from the case. However, this theory has not and cannot be tested, because victims cannot review the decisions. In fact, this very mechanism has resulted in the withdrawal of cases, such as the case study that I provided today.

Earlier, on the first group of amendments, the Minister talked about thresholds being crossed and victims having a right to certain processes. This speaks to one of the As, of accountability. Therefore, how will the victim know? That is why the victim’s right to review exists. Some victims have had their decision reviewed, the decision has then been overturned and suspects have been charged, which means perhaps that the police have not charged suspects despite thresholds being crossed.

I understand that the Minister is exploring other potential routes outside the Bill; for example, challenging decisions by going through some kind of complaints process where a senior manager can review cases, thereby allowing reviews in certain exceptional circumstances. While I appreciate that the Minister is actively considering other options, I believe that this measure would not work for the following reasons. It would be a subjective process which would vary widely across the regions. It would add another separate process and yet another barrier for the victims. The message then being sent to the victims would be, “Well, the decision would only be reviewed in exceptional circumstances, so don’t bother”. Also, we would then have to have a definition of what we mean by “exceptional circumstances”. Alternatively, we could just simplify the process with this amendment, so that all victims followed the same process. I therefore urge the Minister to reconsider his options.

I end by stating my support for the other amendments in this group. I support them because from my experience of operating a national helpline I have found that victims need more support—to be referred and signposted to specialist services that meet their needs and to restorative justice services. There is also a particular information gap when it comes to minority-ethnic victims, because service users have informed the Muslim Women’s Network helpline—when they have eventually found us—that they were not informed about the service. They were not informed or made aware of the victims’ code, nor of the restorative justice service.

I therefore look forward to the comments and response from the Minister. I beg to move.

[Lord Harries of Pentregarth (CB)]

My Lords, I rise to support Amendment 14. This amendment would ensure that all victims knew of and had access to restorative justice services. I am glad that it has the support of the noble Lord, Lord Blunkett, who unfortunately has a long-standing speaking engagement this evening and sends his apologies, the noble and learned Lord, Lord Garnier, and the noble Baroness, Lady Hamwee. I also add my support to the amendments in the name of the noble Baroness, Lady Bennett of Manor Castle, whose effect is the same as mine, to ensure that restorative justice services are clearly in the Bill.

I will not repeat what I said at Second Reading in favour of restorative justice; instead, I will make two very brief points. First, research has shown that restorative justice is effective. It has been a benefit in two ways: one is the impact it has on the offender, reducing the likelihood that they will reoffend; the other is the impact on the victim. For example, restorative justice has been shown to bring satisfaction to victims in reducing stress and trauma. Interestingly, victims found that apologies were more important than restoration.

RJ has proven effectiveness; however, awareness of it and its availability are not as they should be. Research commissioned by the APPG on Restorative Justice showed that there is a postcode lottery and a number of factors resulting in RJ not being taken up in the way that it might be. For that reason, there needs to be a statutory duty on authorities in the criminal justice system to ensure that it is available for those who wish to make use of it.

Victims and Prisoners Bill

Baroness Gohir Excerpts

Committee stage
Wednesday 31st January 2024 Lords Chamber

[Baroness Gohir (CB)]

I thank noble Lords who have spoken on this group and those who supported Amendment 13. I thank the Minister for his response on the concerns raised in the group, particularly on ways to address the gaps in victims’ right to review. Although I am encouraged, I remain concerned, so I hope that the Minister will be able to share a draft code and continue the discussions. For now, I beg leave to withdraw Amendment 13.

Amendment 13 withdrawn.

Victims and Prisoners Bill

Baroness Gohir Excerpts

Report stage
Tuesday 16th April 2024 Lords Chamber

There are also one or two minor technical amendments to Clause 20 that I need not dwell on. They make a minor drafting change, updating statutory practice relating to provisions for different purposes, which is a technical point. However, overall, I hope the House will accept that in tabling these amendments the Government have gone a very long way to improving the force, standing and legal status of the code and, in particular, of the Victims’ Commissioner. I beg to move.

[Baroness Gohir (CB)]

My Lords, I have proposed Amendment 16 to ensure that all victims have the same right to have a CPS or police decision reviewed. At present, the criminal justice system does not allow the same right for all victims. This anomaly, which the Government seem to want to retain, has arisen because of the inherited EU legislation that we have adopted. It could be put right if my amendment is accepted. We have discussed amendments on how to strengthen the Bill in relation to victims of anti-social behaviour and child sexual exploitation. This amendment seeks to help those types of victims and victims of other horrific crimes such as gang rapes—in other words, crimes committed by multiple perpetrators.

At present, a review can be requested only if there are no perpetrators. In cases where some perpetrators are charged, or even one perpetrator is charged, and others are not, a victim cannot then go and ask why the other perpetrators are not being charged. It is not about opening up new cases; it is about reviewing the decisions that have been made. We know that the police and CPS make mistakes. There have been cases where there have been no charges at all and, when a review has taken place, charges have been brought forward.

One argument used against the amendment is that it could delay justice for the perpetrators who have been charged; but surely, at that point, it could be explained to the victim that, if they go for review, it may delay the process. At least the victim can then make an informed choice. They may decide that, actually, they do not want to have a review.

Including the amendment in the Bill would not only help victims to have the same right to review but would make sure that the police and CPS were not cutting corners. At present, the system works in favour of the CPS and the police rather than the victims. In cases where there are multiple perpetrators, they can choose to charge some perpetrators or just one, fully knowing that their decision cannot be challenged. That is exactly what happened in a case on the helpline of the charity that I run: the Muslim Women’s Network, in which I declare my interest as the CEO. In that case, where a woman was gang-raped, only one person was charged; the other perpetrators were not. She was shocked, and she tried to get a review, but was unable to get one. That resulted in more trauma and the case was then dropped.

Charging one person involves far less work than charging several perpetrators. I am not suggesting that police are cutting corners in every case, but it is plausible to suggest that this may, and does, happen some of the time.

We know also that racism exists in the criminal justice system, and there is plenty of data showing that minority-ethnic victims are treated less favourably in the system. The loophole that currently exists in the right to review could lead to further inequalities. The amendment would therefore also help to reduce the misuse of police and CPS power.

I thank the Minister for meeting me online last week and discussing this in more detail. I know that he understands the concerns. One suggestion has been that, in exceptional circumstances, in the cases that I have described, there could be a right to review, but, unless that is written down somewhere, it simply will not happen. If it can be included in the code of practice, the term “exceptional circumstances” will need to be defined. I hope that I can persuade the Minister to change his mind and accept my amendment.

[Lord Russell of Liverpool (CB)]

My Lords, I will speak briefly on several amendments. On Amendment 16, on which the noble Baroness has just spoken, it is hard in principle to disagree with her. Clearly there is an anomaly here that needs to be dealt with. The way that it is working at the moment is inconsistent and not as clear as it could be. I do not think I need to say any more than that. I echo her wish that the Minister and the Bill team will reflect on this and find a way of clarifying the situation and improving the lot of those victims. One can hardly imagine what it must be like to be a victim of the type that the noble Baroness described and to find that, having been violated by a whole series of perpetrators, they have absolutely no idea why one is singled out and the others are left out. I entirely endorse and support that amendment.

On Amendments 46 and 47, about publishing code compliance, we have made—I thank the Minister for this—significant progress in this area, so I do not need to talk any further about that.

I will speak a little bit about Amendment 58, on training, which is in my name with the support of the noble Baroness, Lady Brinton. Clause 6 of the Bill says that criminal justice bodies must

“take reasonable steps to promote awareness of the victims’ code”

to victims, but what it fails to mandate is that professionals within those bodies receive any form of training. In our view, the Bill should ensure that all organisations that come within the victims’ code not only understand it but are capable of delivering the rights that the victims’ code embodies.

There is a clear evidence base for training and a widespread lack of awareness of victims’ rights. In Committee, the Minister said:

“The noble Lords are quite right that there is an obvious need for more training”,


but he also said:

“The Government hesitate to have a national training framework because so much will depend on the local situation”.—[Official Report, 5/2/24; cols. 1467-68.]


I understand that point of view but I am not sure I entirely agree with it.

Victims and Prisoners Bill

Baroness Gohir Excerpts

Report stage
Tuesday 23rd April 2024 Lords Chamber

[Baroness Lister of Burtersett (Lab)]

My Lords, Amendment 79, in my name and that of the right reverend Prelate the Bishop of Gloucester, would ensure that migrant victim-survivors of domestic abuse subject to the “no recourse to public funds” condition would be fully entitled to services covered by the victims’ code. I return to this amendment because of the unsatisfactory ministerial response to it in Committee, which simply repeated what was said in the House of Commons—which I had already challenged—and which tried to reassure us that the amendment was not necessary. However, on-the-ground organisations—notably Southall Black Sisters, to which I pay great tribute for its indefatigable work in this area—and the Domestic Abuse Commissioner see it as very necessary. Moreover, in February, the UN special rapporteur on VAWG recommended scrapping the NRPF condition altogether for this group.

In Committee, I asked for an explanation as to why the Government have still not implemented a long-term solution for this group, despite three years of pilots—now extended to 2025—which have been subject to both an official and unofficial evaluation, that clearly demonstrated where reform is needed, and despite strong pressure not just from the sector but from the Domestic Abuse Commissioner herself. The pilot was set up because the Government said that they needed more evidence. While that need was disputed at the time, surely now they have sufficient evidence to put in place the long-term solution that is needed. Once again, I ask: why have they not done so?

I hope that the Minister will not try to argue that the reforms to what was the destitute domestic violence concession—now the migrant victims of domestic abuse concession—spelled out in his letter to me and the noble Baroness, Lady Brinton, constitute such a solution. While these reforms extend the concession’s protection to partners of worker and student visa holders, they do not also extend eligibility for settlement under the domestic violence indefinite leave to remain.

Southall Black Sisters dismisses this reform as a red herring. In a letter to the Home Secretary, written along with over 50 other organisations, it makes clear:

“We oppose this so-called ‘extension’ because it creates a cliff edge at the end of three months for those who are unable to pursue any settlement route. They are usually expected to leave the country, which will discourage many victim-survivors from coming forward for fear of deportation, rendering the extension ineffective”.


It is also concerned that

“creating a separate route which is a watered-down version of the DDVC and DVILR model”—

the value of which, it is worth pointing out, is recognised internationally—

“will create confusion for victim-survivors and professionals, putting victim-survivors at risk of not making informed decisions about their rights”.

That is all the more true, given the near total destruction of legal aid and the lack of adequate funding for specialist services that could provide advice.

Here, I express my support for Amendment 60, in the name of the right reverend Prelate the Bishop of Manchester, as specialist community-based domestic abuse services, particularly “by and for” organisations, are a vital element of the domestic abuse victim-survivors infrastructure.

Returning to the question about “no recourse to public funds”, the DAC has commented that the revised scheme

“doesn’t even scratch the surface of what is truly needed to support migrant victims and survivors of domestic abuse. The time-limited support of the MVDAC, and its separation from the DVILR provides no clear pathway for migrant survivors to regularise their status”.

She explained that we know that the two schemes

“work best when they work together”.

Far from providing the long-term solution that she and others have been calling for, she fears that this reform

“is little more than a 3-month sticking-plaster and will discourage migrant survivors from coming forward”.

She calls instead for

“thoughtful investment to ensure that all migrant survivors have access to public funds, specialist domestic abuse support, and a route to regularise their status. Anything short of this simply won’t be enough”.

In view of these criticisms of the reforms outlined in the Minister’s letter, from both specialist front-line organisations and the DAC, can he please address their concerns in his response? Will he provide an explanation as to why there is still no long-term solution to ensure the adequate protection of migrant victim survivors of domestic abuse?

Finally, if the only real objection to the amendment is that it is not necessary, what harm would there be in simply accepting it, to show that the Government are at least listening to some of the concerns of front-line organisations and the DAC?

[Baroness Gohir (CB)]

My Lords, I rise to support Amendments 60 and 64 in the name of the right reverend Prelate the Bishop of Manchester, to which I have added my name. I declare my interests as set out in the register. The charity that I run operates a specialist domestic abuse service. I want to use my charity as an example of why these amendments are needed.

Muslim Women’s Network operates a national specialist helpline. It runs other projects in addition, but because it is not solely a domestic abuse service it has been excluded from stakeholder meetings by decision-makers, and also excluded from funding. For this reason, it is important to define the full breadth of specialist community-based domestic abuse services, which can then be used to hold decision-makers to account if they are excluded from being consulted, or when it comes to applying for funding. It can be quite short-sighted if organisations have that intersectional experience of cases. They also hold important data.

There is a huge funding gap, which has been mentioned. Barriers are put in the way particularly of small, specialist minority-ethnic organisations. We have seen this more in recent years under the current Government. As an example, there are very high thresholds to make grant applications. Thresholds can be so high that they exclude minority groups from putting in funding applications unless they form a coalition, which can be burdensome for a small organisation. The other problem this poses is that, if they form a coalition and there is a lead partner that gets a large chunk of money, most of that money goes out to the other partners in the coalition. That organisation then goes to, say, the charitable foundation sector to try to obtain funding and is told, “You’ve gone over the income threshold; you can’t apply for the funding because you have plenty of money coming in”. It is not considered that most of that money is going back out—this poses another barrier for small, specialist organisations.

These types of issues need to be considered to effectively commission relevant victim support services. I support the other amendments in this group, of course.

[Lord Hogan-Howe (CB)]

My Lords, I support Amendment 19 from the noble Baroness, Lady Brinton, principally because it is a good idea in principle that victims should have the reasons why the sentence has been decided. You could argue that the summing up can be a very long process and has to account for all the evidence that is offered; I can therefore understand why the costs might mount for the summing up, but I cannot understand why the costs would mount for the sentencing.

It seems vital for the victim to understand why a sentence was given. There has not always been a reasoned decision as to why a sentence was given, but they are provided more often now, not least because the suspect has the right to appeal their sentence, and they need to understand—as does any appellate court—the reason why a sentence was awarded.

I would have thought, although I have been quietly informed otherwise by a noble and learned neighbour, that all judgments, and the reasons for the sentence, would be written down. Apparently, they are more often ex tempore. That seems a little dangerous to me, but I am not in a position to argue. Apparently, there are times when sentences, and the reasons for them, are written down and published—and there must be times when they are transcribed for appeals et cetera—so, if they are available, that is not an extra cost.

In any case, I would have thought that judgments need to be recorded. If they are recorded, why can they not be shared, certainly for the victims’ reasons? I understand that there might have to be a cut-off point—perhaps for the seriousness of the sentence given, which may be imprisonment compared with a more summary offence—but I cannot quite understand why the sentencing decisions cannot be shared with the victims. It might well be that they do not want to be in court when the sentence is announced, or that they are not available to be in court. Quite often, nobody knows the time at which the sentencing decision will be made: nobody knows exactly when the hearing will finish, when the jury will decide its findings or when the judge will be available to deliver the sentencing judgment.

I support the amendment from the noble Baroness, Lady Brinton, and if she decides to divide the House I will certainly support it. I realise that the Opposition have decided not to, but I am a little surprised.