Victims and Prisoners Bill

Baroness Royall of Blaisdon Excerpts

Committee stage
Monday 26th February 2024 Lords Chamber

[Baroness Royall of Blaisdon (Lab)]

My Lords, I support Amendments 148A and 148B. I am late to participate in this Bill, for which I apologise, but, as has been said, I am not late to debates on the insidious crime of stalking—a gateway to rape, serious harm and murder in slow motion. I have read the excellent exchanges on earlier amendments to this Bill on stalking.

Stalkers must be put before the courts, and sentences must reflect the seriousness of the crime. When stalkers are released from prison, given the nature of their obsessive and fixated behaviour, stringent measures must be placed on them to close down all opportunities to reoffend. As part of this, they must be automatically managed by MAPPA and included on ViSOR, soon to be MAPPS, so that their information can be shared and accessed nationally.

In the past I have often cited the horrific case of Zoe Dronfield. Jason Smith almost succeeded in murdering her in her home in 2014. He is up again before the Parole Board for release this year. Zoe is terrified for herself and her children. Smith was not rehabilitated 10 years prior to her attack after the horrific abuse of an ex who was a serving West Midlands police officer. He went on to abuse other women until he targeted Zoe. Currently, Zoe knows very little about the release plan. Smith has never admitted trying to kill Zoe, so how can he be deemed safe for release? She does not know whether she is marked at high risk, whether he is still vengeful towards her or whether he will be tagged. No measures have been put in place for her, and she feels like a sitting duck.

How can this be right? He must be added to ViSOR and managed by MAPPA, and every opportunity for his reoffending against Zoe, her children and future women must be closed down. Many stalkers change their name by deed poll. He must not be allowed to do that either. Positive obligations must be placed on him, including not to change his name. I would be grateful for an assurance from the Minister that this case will be looked at so that Zoe does not have to live in fear.

In January there were two horrific cases of stalking by two vengeful men. Thirty year-old Bryce Hodgson was shot by armed officers in Southwark after he broke into the intended victim’s home. He was armed with crossbows, a knife, a hatchet and a sword and was wearing body armour. There was no doubt that he was there to kill the victim, and most likely others if they got in his way—people who might have been trying to protect her. He had already threatened the police. As soon as I heard about this case, I wondered about his background. No one wakes up one day and starts behaving like this in the third decade of life. From everything I have learned about male violence towards women and children, I believed that he would have a history.

Sure enough, it came to light that he was a convicted stalker. He had been convicted of stalking a woman last June and was subject to a five-year restraining order. Croydon Magistrates’ Court heard last year how Hodgson had entered the victim’s bedroom without consent, sent text messages demanding that she open her door to him and described his vivid sexual fantasies to her. He pleaded guilty, but was spared a custodial sentence with a 16-week suspended prison sentence; he was ordered to undergo 12 months of supervision and carry out 120 hours of community service.

He was the most dangerous type of stalker—a predatory stalker with sexual fantasies that he was acting on when he broke into the victim’s bedroom. He was one of the rare few who are arrested and charged but, rather than put him before the court for a Section 4A stalking offence for putting the victim in fear of her life, and despite his being one of the most dangerous types of stalker, the CPS put him before a magistrates’ court on a Section 2A stalking charge. Notwithstanding the wrong charge, he clearly should have been put on a register.

In another case, on 31 January a woman and her two children were attacked by Abdul Ezedi near Clapham Common. He threw a corrosive alkaline substance at the woman, who we now know was in a relationship with the suspect. She was there with her daughters; she suffered what are likely to be life-changing injuries. Five police officers were injured as they responded, as were four members of the public. This attack was targeted, pre-planned and premeditated. Ezedi stalked the victim and intended to cause her maximum distress, pain and suffering when he threw that corrosive substance at her and her two girls. He then picked up the three year-old girl and tried to kill her.

There is always a history. In 2018, Ezedi was convicted of one charge of sexual assault and one of exposure, before being granted asylum in 2020. He received a nine-week jail term, suspended for two years, for this sexual assault and, for the exposure, 36-weeks’ imprisonment to be served consecutively—which was also suspended for two years. Why was he not included on ViSOR? This has been repeatedly raised following countless horrific murders, including those of Jane Clough, Shana Grice, Hollie Gazzard, Alice Ruggles, Janet Scott, Laura Mortimer and her 11 year-old daughter Ella Dalby, and Cheryl Gabriel-Hooper, whose 14 year-old daughter was present when Andrew Hooper shot her mother dead. Hooper had a history of abusing and stalking his ex; he broke into her house in the middle of the night wearing gloves and armed with a knife. He pleaded guilty to affray and received a suspended sentence—this was stalking. Cheryl also reported him to the police for coercively controlling and stalking her and her daughter. The abuse escalated when she finally left him for good.

Separation is the highest risk time for a woman fleeing a coercive controller and stalker. We know from research and analysis of domestic homicides that if a stalker makes a threat—which Hooper did—one in two stalkers acts on that threat; that is 50%. These are the most dangerous of perpetrators, and yet his violent history was not joined up by the police. He should have been on a register, which would mean that they had to check on the perpetrator’s history.

Laura Mortimer and her 11 year-old daughter, Ella Dalby, were stabbed to death in my home city of Gloucester, on 28 May 2018, by Christopher Boon. He had a history of assaulting a previous partner and her mother, in front of two children. He received a suspended sentence for this very serious offence. Boon was a fantasist who was £28,000 in debt, and he coerced Laura into putting her income into his bank account. She reported him to the police. She was too scared to pursue a prosecution but she did ask about his history, using Clare’s law. She was told that it could not be shared, and she was sent away. Days before the murders, Laura learnt that Boon was cheating on her and she told him to leave the house. He escalated his behaviour and stabbed Laura 18 times and her 11 year-old daughter 24 times. Women are not told about these dangerous and violent men’s histories even when they report serious violence and abuse at their hands.

A new database, MAPPS, is being developed, which will replace ViSOR, and we have MAPPA, the public protection panels which police, prison and probation officers, and other agencies attend. Stalkers must be proactively identified, assessed and managed by MAPPA. Stalking experts must attend MAPPA meetings to ensure that these dangerous men are diagnosed, assessed and managed. The same tactics must be applied to serial and dangerous domestic violence perpetrators and stalkers as to organised criminals and sex offenders. Early identification, assessment and management are vital to cut off opportunities for them to cause harm, and to ensure that they face the consequences of their actions.

Currently, the law relies on victims to report the individual crimes, and the police do not flag and tag serial and high-risk perpetrators. Instead, they focus on the victims—and this does not happen with any other crime. Police must index and share information with victims about serial abusers. Each police force must proactively identify 10 to 20 serial and dangerous domestic abusers, ensure that their information is included on the local police intelligence database, and refer cases to MAPPA. Convicted stalkers must be placed on ViSOR. The postcode lottery mentioned by the noble Lord, Lord Russell, must end.

I hope the Minister does not refer to guidance, which is so often a response to questions about stalking. I hope we are not told that more lessons need to be learned; too many women have been murdered. We know what needs to be done. We do not need guidance, we need action.

The extraordinary Laura Richards, who has done more than anyone else in the world to try to protect women and their children from stalkers, started a petition to include serial domestic abusers and stalkers on ViSOR and be managed by MAPPA. Some 274,698 people have now signed this petition, including victims, bereaved families and professionals. I ask the Minister: when will the Government act?

[Baroness Newlove (Con)]

My Lords, I support these amendments, and I am so glad that the noble Baroness, Lady Royall, is back where she belongs, speaking on a topic that she is so passionate about.

Laura Richards has been mentioned by many speakers, and social media has a good way of reacting: I have her on Instagram as we are speaking, to give me some pointers, even though she is in California. Laura Richards is the expert on all this, and her patience to fight for victims over the years is commendable. She said she knows there is going to be change and she keeps doing it for victims—I admire this lady.

In the year ending March 2022, only 1.4% of reports to police about stalking ended with the stalker being convicted. That says a lot about how seriously stalking is taken by the very agencies that are supposed to protect victims. Most stalkers never see the inside of a prison cell; instead, they receive fines or community or suspended sentences, as has previously been spoken about. Really, for me, it is about listening to the human side of all these cases, and that is what we must never forget. It is not just about lessons learned or guidance. These are not items we pick up from supermarket shelves; these are human lives—people who have been brutally murdered, after several years of absolute hell, by someone who has done it on more than one occasion.

I really want to understand why the Government will not look at this register seriously. I spoke in the Domestic Abuse Bill when that came through. This has to be the end of it all. Instead of guidance, we must have proper risk management of stalkers and domestic abusers because, at the moment, it is virtually non-existent for convicted, or unconvicted, men who pose such a huge risk to women and children—now more than ever, we need to make sure that they feel safe and listened to. These are psychopathic people who do horrendous crimes to humans, and families have to pick up the pieces.

I am concerned about Zoe Dronfield, and I have picked up on certain things that my friend, the noble Baroness, Lady Royall, has mentioned. I will take that offline, because I sympathise with not having any control. As somebody who is still going through the criminal justice and parole system, I am very interested in the next stage of the Bill, which is about parole, and what it does and does not do. The victim has no control, or right to know what the offender is doing. We cannot find out what is going on, but the offender knows exactly where the victim is, because of exclusion zones and everything else. I do not speak for anyone else but as a victim who is watching out, for my three daughters, for offenders who are going to be released. When we are talking about stalking laws, this is important, because having no control more or less means that the victim has to shape their life around safety, whereas the system should protect victims more than ever.

Victims and Prisoners Bill

Baroness Royall of Blaisdon Excerpts

Report stage
Tuesday 21st May 2024 Lords Chamber

Moved by

[Baroness Royall of Blaisdon]

132: After Clause 47, insert the following new Clause—
“Licence conditions for serial and serious harm domestic abuse and stalking perpetrators under Multi-Agency Public Protection Arrangements(1) A condition of the release and licence of serial and serious harm domestic abuse and stalking perpetrators is that they must be included in the Multi-Agency Public Protection Arrangements.(2) The Criminal Justice Act 2003 is amended as follows. (3) In section 325 (arrangements for assessing etc risk posed by certain offenders)—(a) in subsection (1), after ““relevant sexual or violent offender” has the meaning given by section 327;” insert ““relevant domestic abuse or stalking perpetrator” has the meaning given in section 327ZA;”;(b) after subsection (2)(a) insert—“(aza) relevant domestic abuse or stalking perpetrators,”.(4) After section 327 (Section 325: interpretation) insert—“327ZA Interpretation of relevant domestic abuse or stalking perpetrator(1) For the purposes of section 325, a person (“P”) is a “relevant domestic abuse or stalking perpetrator” if P has been convicted of a specified offence or an associate offence and meets either the condition in subsection (2)(a) or the condition in subsection (2)(b).(2) For the purposes of subsection (1), the conditions are—(a) P is a relevant serial offender, or(b) a risk of serious harm assessment has identified P as presenting a high or very high risk of serious harm.(3) An offence is a “specified offence” for the purposes of this section if it is a specified domestic abuse offence or a specified stalking offence.(4) In this section—“relevant serial offender” means a person convicted on more than one occasion for the same specified offence, or a person convicted of more than one specified offence;“specified domestic abuse offence” means an offence where it is alleged that the behaviour of the accused amounted to domestic abuse within the meaning defined in section 1 of the Domestic Abuse Act 2021;“specified stalking offence” means an offence contrary to section 2A or section 4A of the Protection from Harassment Act 1997.(5) Within 12 months of the day on which the Victims and Prisoners Act 2024 is passed the Secretary of State must commission a review into the operation of the provisions of this section.””

[Baroness Royall of Blaisdon (Lab)]

My Lords, in rising to speak to Amendments 132 and 133 I take the opportunity to apologise to the House. I asked a supplementary question at Question Time that related to university funding and I did not refer to my interests in the register.

The amendments are the same as those that we moved in Committee and they are similar to amendments that we have moved to other Bills, but the Government have not acted and women continue to be attacked and killed as men with violent histories are allowed to escalate their behaviour by moving from victim to victim.

In Committee, the Minister said, as many Ministers have said before, that the Government agree that the robust management of perpetrators of domestic abuse and stalking is crucial to keep the public safe and that they completely agree with the spirit of the amendments, but that the objectives can be met through current provision and policy.

I beg to disagree. All the evidence demonstrates that this is not enough. Various initiatives have been, and are being, piloted, and countless letters are written to police forces urging them to make proper use of Clare’s law and stalking protection orders, but still it is clear that offences on a discretionary basis are not being treated with the same seriousness under MAPPA 2 and MAPPA 3. Where lives are at stake, a postcode lottery—which is what we have at present—is not acceptable.

This year a new report was published, following a national domestic homicide project and a Home Office-funded research project led by the National Police Chiefs Council—the NPCC. It showed that domestic abusers who went on to kill their partners were known to police in 80% of cases. Some 60% of those had been reported to the police specifically for domestic abuse, and a third of offenders were known to other agencies. The NPCC said that this highlighted the need for a

“multi-agency approach to effectively safeguard victims”.

The victims and perpetrators are known by many agencies and the most dangerous and serial perpetrators must be managed by MAPPA in order to close down opportunities for them to reoffend, and to ensure that their history is captured on the violent and sexual offenders register. This must be accessible whenever and wherever they move, just as with sex offenders.

The Minister might refer me to Clare’s law, which is certainly welcome, but it is simply not working in the majority of cases. It leaves the onus on potential victims to protect themselves, instead of placing positive obligations on the perpetrators. It affords no protection when the abuser leaves prison, moves address and targets a new woman—or when they change their name, which many serial perpetrators do.

Women repeatedly report they have been sent away or told by police that they are not a vetting agency. Clare’s law is failing because there is no duty on police to proactively identify, assess and manage serial perpetrators, or to record information about them and share it. NPCC data from October 2021 to March 2022 reveals that at least 56% of criminal background requests made by women were denied. This is truly shocking and demonstrates why the amendments are necessary.

I could cite so many examples that demonstrate the urgent need for these two amendments, but I will limit myself to six cases. I mentioned Zoe Dronfield in Committee. The man who nearly murdered her was released on 2 May. We have had to continuously push to ensure that he is managed at category 3 of MAPPA, when this should have been automatic. There are concerns about future women that he might target. We know that he has changed his appearance, but Zoe is not allowed even to see a photo. Why is it that his rights are being protected?

Chloe Holland was coercively controlled and abused by Marc Masterton. She died in hospital in March 2023 after trying to take her life because of him. Before doing so she reported him for domestic abuse and gave a two-hour video interview. He was sent to prison last year. Hearing of Chloe’s case, another victim, Zoe Castle, had the courage to come forward. Masterton has just been convicted for coercively controlling her and was sentenced to a further three years and seven months.

Zoe had just turned 18 when she moved in with Masterton and she lived in constant fear of him. She had to bend to his will and was fearful that she would lose her daughter. He hit over the head with a glass bottle, threw her into a wardrobe and, in another incident, picked her up and placed her in a freezing cold bath. When he comes out of prison, this serial perpetrator will do it again—he always does. He should go on a register, with stringent conditions.

“Danielle”—a pseudonym used to protect the victim’s identity for safety reasons—met her ex-partner through work in 2022. About six months into the relationship, it became clear that her new boyfriend had an alcohol problem. She thought she could save him, or that he would change for her, but he turned out to be abusive and attacked her twice in her own home. In a drunken assault, he grabbed her by the throat and hit her head against a wall, leaving only when she managed to reach the front door and scream for help.

Danielle said that she had never heard of Clare’s law when it was mentioned by her social worker soon afterwards, but she agreed to an application for information about her partner being made on her behalf. When the police arrived a few days later, she was shocked by what they told her. Her partner had a record of violent assaults on 20 other women.

In breach of the restraining order issued after the first assault, he broke into her home, seriously assaulting her again. He was sentenced to 10 weeks in prison for common assault and was released earlier this year. Naturally, she is terrified.

Holly Bramley met serial perpetrator Nicholas Metson in 2016 and they married in 2021. Holly had no idea about his previous convictions for offences against former partners in 2013, 2016 and 2017. Twenty-six year-old Holly decided to leave him and on 17 March last year he killed her, cutting her body up into 200 pieces and depositing it in a river.

Holly had a right to know about Metson’s serious and serial offending history.

--- Later in debate ---

The Government have engaged with the investigating bodies of the police super-complaint. We welcomed the theme of multi-agency working for this year’s National Stalking Awareness Week, which is why we also announced that the Home Office will work across criminal justice agencies to engage openly with the findings and recommendations when they are published in the summer. I hope this also answers the specific question asked by the noble Baroness, Lady Brinton. For these reasons, we feel that the aims of these amendments are already met through existing provisions, and I therefore urge the noble Baroness to withdraw Amendment 32.

[Baroness Royall of Blaisdon (Lab)]

My Lords, I am grateful to the Minister for his response, and to the noble Baronesses, Lady Brinton and Lady Thornton, and the noble Lord, Lord Russell. I have to say that I am not content. I have heard the word “guidance”, “guidance”, “guidance”, and that the current provision and policy will make everything work. They will not. I repeat: they will not. Why are so many women dying? The reason is that they do not work. Pilots, guidance and Clare’s law are simply not working; they are not enough. We should take the moral courage as was suggested by the noble Lord, Lord Russell, and vote in favour of this amendment. As the noble Baroness, Lady Brinton, said, it is not just about doing something that is right and protecting lives; investing in perpetrator management also saves money. What is not to like? I intend to test the opinion of the House.

--- Later in debate ---

Moved by

[Baroness Royall of Blaisdon]

133: After Clause 47, insert the following new Clause—
“Relevant domestic abuse or stalking perpetrators’ register(1) A condition of the release and licence of serial and serious harm domestic abuse and stalking perpetrators is that they are subject to notification requirements in accordance with this section.(2) The Sexual Offences Act 2003 is amended as follows.(3) In section 80 (persons becoming subject to notification requirements), after subsection (1)(a) insert—“(aa) they are a relevant domestic abuse or stalking perpetrator”.(4) After section 80, insert the following new Clause—“80A Interpretation of relevant domestic abuse or stalking perpetrator(1) A “relevant domestic abuse or stalking perpetrator” under section 80 means a person (P) who has been convicted of a specified offence or an associate offence and meets either condition in subsection (2)(a) or subsection (2)(b).(2) For the purposes of subsection (1), the conditions are—(a) P is a relevant serial offender, or(b) a risk of serious harm assessment has identified P as presenting a high or very high risk of serious harm.(3) An offence is a “specified offence” for the purposes of this section if it is a specified domestic abuse offence or a specified stalking offence.(4) In this section—“relevant serial offender” means a person convicted on more than one occasion for the same specified offence, or a person convicted of more than one specified offence;“specified domestic abuse offence” means an offence where it is alleged that the behaviour of the accused amounted to domestic abuse within the meaning defined in section 1 of the Domestic Abuse Act 2021;“specified stalking offence” means an offence contrary to section 2A or section 4A of the Protection from Harassment Act 1997.(5) Within 12 months of the day on which the Victims and Prisoners Act 2024 is passed the Secretary of State must commission a review into the operation of the provisions of section 80 of this Act.””

[Baroness Royall of Blaisdon (Lab)]

My Lords, I wish to test the opinion of the House. I beg to move.