Victims of Sexual Violence: Court Delays
Charlotte Nichols Excerpts(6 days, 11 hours ago)
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The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)
I congratulate my hon. Friend the Member for Newcastle upon Tyne East and Wallsend (Mary Glindon) on securing this very important debate. We have heard some incredibly powerful and moving stories. I know that everyone in this House, despite our political differences, is united in one purpose: that more must be done to bring victims the swift justice they deserve. And more must be done to properly support them throughout the justice process.
As we have heard, for too many victims in this country justice delayed does mean justice denied. As my hon. Friend stated, only last week the new statistics laid bare the scale of the backlog in our Crown court, which is now at a record high. There were 73,000 cases awaiting trial or a sentencing hearing as of September this year. That number has doubled since 2019. Sexual offence cases, including rape, were on average taking 356 days from arrival at the Crown court to completion—a significant increase on the average for sexual offence cases pre-covid.
As politicians, we often reel out statistics, but behind each one of those statistics are real people: real victims, including people who have endured rape and sexual abuse, who are not just waiting months for trial, but years. For some, that seemingly endless wait is quite understandably too much to bear. Left without hope of the justice that they deserve and facing a long road to the closure that they need, many drop out of their cases all together, and when they do, their attackers get away without consequences, free to offend again.
Charlotte Nichols (Warrington North) (Lab)
The Minister is making a very important point about victim attrition, but one thing that concerns me is the fact that court delays also mean that when cases are heard, the testimony of victims—including victim-survivors in these cases—will be of much poorer quality given the length of time that has passed, and more cases will end with a not guilty verdict for people who should very much be behind bars. Is the Department looking into that, and are there statistics for what the backlog has meant for the conviction rate?
Alex Davies-Jones
My hon. Friend is right: there are concerns about that, and I hear them, as does the Department. It is true that some of the special measures that were intended to empower victim-survivors giving testimony are potentially having a negative impact. I will say more about that later, but I can say to my hon. Friend that the Department and I are very alive to it.
My aim is to get out there and meet as many victims and survivors as possible to hear directly about their experiences, some of which are unimaginably awful. One victim-survivor of rape told me that her case took years to finally get to trial, and she used words similar to those of my hon. Friend’s constituent—words that I will never forget. She said that the entire experience made her “want to die”. No one should ever feel that way about our justice system. I am proud that this Government were elected with a landmark mission to halve violence against women and girls within a decade, finally making this a priority after years of neglect. It will not be easy, but I believe that we are up to the challenge. However, if we are to have any hope of doing so, we must improve the way in which the justice system responds to these crimes, and that must include ensuring that victims’ cases are heard swiftly by the courts.
As I have said, this Government inherited a criminal courts system that was stretched to breaking point. We have taken the crucial first steps to bear down on that caseload, including funding 106,500 Crown court sitting days in this financial year. We have also extended sentencing powers in magistrates courts to 12 months when they are dealing with offences that can be heard in either a Crown court or a magistrates court, which will free up 2,000 Crown court days and provide more capacity to hear the most serious cases. However, the number of cases entering Crown courts shows no signs of letting up, so if victims are going to see justice more swiftly, we cannot simply do more of the same; we have to go further.
Delivering the Government’s bold plan for change and making our streets safer will take a once-in-a-generation reform of our courts system, which is why the Lord Chancellor announced last week that she had commissioned Sir Brian Leveson to carry out an independent review of the criminal courts, looking specifically at how we might speed up the hearing of cases. Sir Brian’s review will examine how our courts can operate more efficiently, but it will also look at much more fundamental reform—considering, for instance, the introduction of an intermediate court, in which cases that are too serious to be heard by a magistrate alone could be heard by a judge alongside magistrates. We expect Sir Brian to report on his initial findings in spring next year.
This marks a crucial step towards our ambition of bearing down on the overall caseload and bringing down waiting times for all victims, witnesses and defendants. As I have said, however, we know that victims of sexual violence endure particularly long waits for justice, and, as the House will know, we have therefore made a commitment to fast-track rape cases through the system. We are considering the best way of doing so, and we are keen to build on the work that has already been done by the senior judiciary. I saw one of their initiatives at first hand during my visit to Bristol Crown court over the summer, and was struck by how tirelessly those judges and court staff are working to keep cases moving. It was inspiring to see.
This is a tough challenge, and whatever we do, waiting times will not come down overnight. If we are to keep victims engaged while they continue to face lengthy waits, partners across the criminal justice system and victim support services must pull together, as indeed they are. The Ministry of Justice provides ringfenced funding for independent sexual violence advisers and independent domestic violence advisers, as well as for community-based domestic abuse and sexual violence services. That is in addition to the core funding that we provide for police and crime commissioners to allocate at their discretion.
I am pleased to say that we are maintaining the 2024-25 funding levels for sexual violence and domestic support next year. The CPS recently announced its victims transformation programme, which has a focus on improving the justice process for victims of rape and serious sexual offences. Pre-trial meetings with prosecutors are now being offered to all victims of adult rape and serious sexual offences, and there will be greater access to independent sexual violence advisers as well as dedicated victim liaison officers.
As my hon. Friend the Member for Warrington North (Charlotte Nichols) has mentioned, victims’ experience of court is affected by the interactions that they have there and with the staff.
Alex Davies-Jones
As an MP for a constituency in a devolved nation, I am acutely aware of the need to ensure that we have a joined-up approach. Although justice and policing are devolved to Northern Ireland, I will happily discuss this issue with colleagues to see how we can best approach it, because somewhere in our United Kingdom a rape or sexual violence victim-survivor is currently suffering an insufferable wait, and we need to do more to protect all victims across the country.
As I have said, we need to look at victims’ experience of court. As part of the same programme, over 500 CPS staff who will meet victims have received trauma-informed training. We will also continue to deliver trauma-informed training at Snaresbrook, Leeds and Newcastle Crown courts, with over 400 professionals trained so far, including court staff and police. Witness waiting rooms and in-court technology have been upgraded in those courts so that victims can give their best evidence, watch proceedings away from the courtroom, or simply wait in a comfortable and private space. Attending court can be terrifying, and I know that many victims, quite understandably, fear bumping into the perpetrator when they do.
Charlotte Nichols
The Minister just made a point about victims being able to watch proceedings from another room, which is often not the case in rape trials, where the victim is considered a witness rather than a participant in the case. I know that the Department is looking at things like transcripts. Will they become more readily available, so that victims who, for whatever reason, do not feel like they can participate while the trial is taking place can read what happened after the trial as part of the process of closure?
Alex Davies-Jones
My hon. Friend makes another important point. We are currently offering a pilot on transcripts. I will mention that again in my speech, but it is about how much more comfortable we can make the whole terrifying process for victims and survivors when they are in our court system. What more can we do to make their experience as comfortable—if that is the appropriate word—as it can be? As I have said, we know that it can be utterly terrifying.
There are also concerns about the way that victims’ evidence is currently presented to the jury. I hear those concerns loud and clear, particularly where the approach can reduce the chance of securing a conviction. The Department is conducting a thorough impact evaluation and looking at section 28 of the Youth Justice and Criminal Evidence Act 1999—the mechanism by which victims can give their testimony in advance of trial—to see whether it affects the case outcome, court effectiveness and the timeliness of cross-examination. We will publish the findings of our review in the new year.
Victims of rape and sexual offences can request transcripts of Crown court sentencing remarks for free through our one-year pilot, which is running until May next year. I encourage all eligible victims and survivors to find out whether that could be helpful, and to please take up the offer.
Charlotte Nichols
Just for clarification, will transcripts be available only for victim-survivors who have secured a successful conviction? Given what we are talking about, it is important that people who were not able to secure a conviction can still access transcripts as part of the important process of closure.
Alex Davies-Jones
My understanding is that any victim who is eligible is able to apply for transcripts, regardless of whether a conviction has been secured, but I will seek clarification for my hon. Friend on that matter.
This is a landmark mission, and we have further to go to support victims of rape and sexual offences—both at court and across the whole of their journey through the system. I am proud that, as well as fast-tracking rape cases through the courts, we plan to begin rolling out our free, independent legal advisers for victims of adult rape from next year. Those advisers will be a real step forward for victims, and offer legal advice at any point between report and trial. We will also introduce specialist rape and sexual offence teams in every police force. We will make sure that police officers receive stronger training on violence against women and girls, and ban anyone with a history of violence against women and girls from joining the police force.
Wherever they are in their journey through the system, I want to make sure that every victim knows their rights and that agencies are held accountable for delivering those rights. The Victims and Prisoners Act 2024 lays the foundation for ensuring that victims know the rights they should receive under the victims code and that agencies are held accountable for delivering them. The Act also places a duty on local commissioners in England to collaborate in the commissioning of support services for victims of domestic abuse, sexual abuse and serious violence. We will consult on a revised victims code and the duty to collaborate guidance early next year. I am working with my officials to ensure that we have the right data and systems to monitor compliance with the new code. We have also pledged to increase the Victims’ Commissioner’s powers, so that there is more accountability when victims’ needs are not being met.
My hon. Friend the Member for Newcastle upon Tyne East and Wallsend asked me about the impact of adjournments on victims and survivors. I want to reassure her that I am looking at every possible solution and pulling every lever at my disposal across the criminal justice system to ensure that we leave no stone unturned in ensuring that the victims of these abhorrent crimes receive the swift justice that they deserve.
Oral Answers to Questions
Charlotte Nichols Excerpts(1 week, 5 days ago)
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Shabana Mahmood
There are no girls currently in Wetherby. We have not changed and will not be changing the policy we inherited from the previous Government in relation to single-sex spaces and the prison system; that policy will remain as it has been. The women’s justice board will consider the issues that relate to female offenders across the women’s estate.
Charlotte Nichols (Warrington North) (Lab)
The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)
My hon. Friend raises an important point about the Criminal Injuries Compensation Authority. The previous Government undertook a review of the scheme; it ran three consultations respectively. When the election was called in May no response to those consultations had been published. We are considering the support we provide to victims including child victims, and we are advising on a new victims’ code in the new year specifically to look at that issue, including any response to the review, and we will set out our plans in due course.
Tackling Image-based Abuse
Charlotte Nichols Excerpts(1 month, 1 week ago)
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Alex Davies-Jones
I could not agree more. This is about all of us playing our part and saying that we will not stand for it—we will not be passive bystanders and we will challenge these views to tackle it. It will not happen overnight. It will take time, but I believe we can do it. Women deserve to feel safe, whether that is online or out in the physical world. Men who abuse, harass and discriminate should have nowhere to hide.
Charlotte Nichols (Warrington North) (Lab)
I thank the Minister for her work on this policy so far, which is among the most meaningful things that has happened since we came into office, particularly the removal of the intent provisions. We have seen too many women unable to get justice because of a technicality, including a horrific case in my constituency that the Minister is well aware of. We are talking a lot about the online space today, so can she clarify that, where intimate image abuse is part of the commission of an offline offence of voyeurism or rape, for example, that will factor into the work that she is doing?
Alex Davies-Jones
I am well aware of the horrific case in my hon. Friend’s constituency. I am pleased that we have been able to go further on intent versus consent with some of these crimes. The right to banter should not trump the right to feel safe; I have said that before in this place and I will say it again. Women have the right to feel safe everywhere and we are looking at all offences in that regard, but it will take a whole system effort. My colleagues and I across Government know that, and that is why we are working together to get to the root causes of violence and misogyny to create the lasting change that we all want and need to see.
Finally, we need to ensure that when someone has been the victim of intimate image abuse, they get the support that they need and know that they as victims and survivors have done nothing wrong. A key part of that is the invaluable work of victim support organisations such as the intimate image abuse helpline, which is funded by Government and was set up by the hon. Member for Gosport (Dame Caroline Dinenage). Not only do these services provide high quality support and advice to victims of intimate image abuse, but they work with law enforcement and others to improve the response to these awful crimes. Representatives from the helpline recently gave evidence to the Women and Equalities Committee on this very issue, and I am grateful to them for all that they do to support victims. Their work is more valuable and more needed than ever.
Charlotte Nichols
I thank the Minister for giving way a second time—she is being very generous. Just to clarify, non-contact offences, including intimate image abuse, are not currently covered in the criminal injuries compensation framework. Could conversations be had with her ministerial colleagues about providing financial support for victims to access things such as therapy, which my hon. Friend the Member for Bolton North East (Kirith Entwistle) brought up as a really important feature of the debate?
Alex Davies-Jones
I was about to come on to therapy, support services and other things that the Ministry of Justice funds to support victims and survivors. My hon. Friend the Member for Bolton North East mentioned redress, and compensation can be made available from the perpetrators directly through the civil courts. That has been pursued previously, and it is available to victims and survivors to get the redress that they need by claiming that compensation.
On victim support, the Ministry of Justice funds many other services to help victims cope and recover from the impact of crime. For example, we have the rape and sexual abuse support fund, which supports more than 60 specialist support organisations. As others have mentioned, we also have Refuge, which the Government fund to deliver a specific tech abuse function. It has been at the forefront of the response to tech abuse. We also provide police and crime commissioners with annual grant funding to commission local, practical, emotional and therapeutic support services for victims of all crime types, not just intimate image abuse.
The Victims and Prisoners Act 2024 will aim to improve support to victims of sexual abuse, including intimate image abuse, by placing a duty on local commissioners to collaborate when commissioning support services so that victims and survivors get the support that they actually need. That brings me back to the key point: collaboration, with everyone pulling together and playing their part. That is what we need if we are going to truly see a shift. Again, I thank my hon. Friend the Member for Bolton North East for securing the debate and I thank everyone for coming and showing support. It really is important that we have good representation in Parliament. We are absolutely committed to tackling violence against women and girls, as are this Government, and we are just at the start of it.
Question put and agreed to.
Sentencing Review and Prison Capacity
Charlotte Nichols Excerpts(2 months ago)
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Shabana Mahmood
I knew immediately that the right hon. Gentleman was going to ask about the meeting he referenced last week, when I made my other statement. I assure him that I will follow that up. I am interested in the work of the group that he mentions, and I am sure that the sentencing review panel will also be interested in it.
Charlotte Nichols (Warrington North) (Lab)
I thank the Lord Chancellor for her statement, and for the leadership she has shown in trying to turn around a Department that, by any metric, was failing. I thank her for the transparent and considered approach that she has taken in reaching some of the difficult decisions she has had to make since taking office. While I accept the inevitability of the early release scheme, what conversations has she had with ministerial colleagues on improving victim support for those who have seen perpetrators return to the community earlier than they were perhaps mentally prepared for, so as to reduce harm as far as possible?
Shabana Mahmood
I can assure my hon. Friend that my ministerial team and I have been working closely with our colleagues, primarily in the Home Office, but also across Government. Support for victims sits in different Departments, but we are making sure that we have a “one team” approach to this important matter. I have sought to pull the levers at my disposal in such a way that we gave the Probation Service the time it needed to prepare for the SDS40 changes. I did that because I wanted to ensure that our obligations under the victim notification scheme could be met. I am monitoring progress on that regularly, and I will ensure that any improvements required are made on a continual basis. We keep this under constant review.
Prison Capacity
Charlotte Nichols Excerpts(1 year, 2 months ago)
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Alex Chalk
That is an excellent question. In appropriate cases, pre-sentence reports are vital because the probation service can provide the sentencing judge or magistrate with all the surrounding information about the offender so that they can impose a sentence that meets the seriousness of the case while also being rehabilitative and appropriate. That requires trained probation officers who are experts in their area. That is why we have invested £155 million in addition, each and every year, to ensure that the probation service has the resource it needs. I know from my time as a practitioner that the reports the probation service provides are essential to ensure that justice can be done.
Charlotte Nichols (Warrington North) (Lab)
The Times reports that
“Lord Justice Edis, the senior presiding judge for England and Wales, has ordered that sentencing of convicted criminals who are currently on bail should be delayed”
from today. According to that report, the order did not specifically exclude rape convictions, which judges have expressed alarm about, given the already abysmal conviction rates of well below 2%. What message does the Secretary of State think such an order sends to victims of sexual violence who are deciding whether they have enough faith in our broken justice system to come forward? When do the Government expect sentencing to restart?
Alex Chalk
It is incredibly important that no one from this Chamber deliberately or inadvertently gives the impression that rapists are not going to be sentenced. They are going to be sentenced; the sentences imposed will be, on average, a third longer than those imposed in 2010; and they will serve a higher proportion of those sentences in custody. We are prosecuting more people for rape than in 2010 and, as I say, they are being punished more severely, so let the message go out that people who offend against women—and it is overwhelmingly against women—and behave in such a barbaric way can expect not just to hear the clang of the prison gate, but to be reflecting on their actions for a very long time.
Abortion: Offences against the Person Act
Charlotte Nichols Excerpts(1 year, 6 months ago)
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Charlotte Nichols (Warrington North) (Lab)
I am hopeful that the Minister will soon bring forward something so that we can discuss this. As colleagues on all sides of the House have said, there is a need for a modern, fact- based discussion. Will he ask his Conservative colleagues to ensure that, when we have those discussions, male colleagues are not speculating about what might be in a woman’s mind when she goes to seek treatment of that kind?
Edward Argar
The hon. Lady makes a couple of important points. Any legislation or changes to the legislative framework will, of course, be a matter for the House via the usual mechanisms in this space—private Members’ Bills and so on. In respect of debating the matter in the House, I cannot prejudge that, but I know that the Leader of the House will have heard hon. Members’ requests, and I am sure that she will, as she always does, reflect carefully on their views. In respect of the hon. Lady’s final point, I go back to what I said a few moments ago: respect, and respect for different people’s views and perspectives, as well as for what different people are thinking and feeling, must characterise debate of what is clearly a highly emotive and sensitive issue.
Hillsborough: Collapse of Trials
Charlotte Nichols Excerpts(3 years, 6 months ago)
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Robert Buckland
I join the hon. Lady in paying tribute to the great city of Liverpool. I am a proud Welshman, but Liverpool is very close to my homeland and to my heart. It is a great city—a wonderful place, full of amazing people. I want to put that on the record. I am sure that she listened very carefully to the points that I made about my intentions, and the Government’s, with regard to achieving as high a degree of justice as possible. Sometimes the word “justice” is bandied about a bit too much and we are perhaps a little careless with the way we use it. Bearing in mind everything that has happened, and the huge setbacks and reversals that the families have experienced, I will try to achieve as high a degree of justice as possible in these terrible difficult and deeply sad circumstances.
Charlotte Nichols (Warrington North) (Lab) [V]
Thirty-two years after the Hillsborough tragedy, the families of the 96 football fans unlawfully killed that day have not seen justice done. Three of my Warrington North constituents—19-year-old Ian “Ronnie” Whelan, 19-year-old Colin Ashcroft and 42-year-old Eric Hughes—were among the 96 innocent victims killed that day. May their memories forever be a blessing. Many more of my constituents have been traumatised by the events of that day.
The fact that there has been no individual responsible held to account by the justice system is a national scandal, as are the years of smears about fans that the families and survivors have endured, blaming them for the disaster. Will the Government therefore consider implementing the Public Authority (Accountability) Bill of the former Member for Leigh to set a requirement on public institutions, public servants and officials, and on those carrying out functions on their behalf, to act in the public interest and with candour and frankness, so that other families bereaved in public disasters cannot be treated as disgracefully as the Hillsborough families have been?
Robert Buckland
I think the hon. Lady is right to remind us again about the victims of the disaster from Warrington North and how in fact the diaspora—I suppose that is the best word to use—was a wide one, bearing in mind the wide fan base of Liverpool football club. That means that what happened was a national disaster, and was not confined to the great city of Liverpool, though the great city of Liverpool felt the brunt of it. This was something I think all of us felt was a national loss and a national disaster, and therefore we have a national responsibility to address it and to rectify wrongs that have been committed.
I listened very carefully to the hon. Lady’s point about the Bill that fell back prior to the general election of 2017. I am of course, as I have already indicated, looking carefully at aspects relating to that Bill, and indeed at wider work to make sure that we fully reflect the wrongs that were committed and the culture change that I think is such an important part of rectifying the ills of the past.
Oral Answers to Questions
Charlotte Nichols Excerpts(3 years, 7 months ago)
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Alex Chalk
It is always a pleasure to hear from the hon. Gentleman. What a shame that when there was a Labour Government, he did nothing to stand up to the Labour Prime Minister who decried “fat cat” legal aid lawyers and said that he was going to
“derail the gravy train of legal aid”.
Where was the hon. Gentleman then? Nowhere. This is the Government who are getting behind legal aid and getting behind the civil legal aid service, and who, by the way, funded the community justice fund, which provided support for the Disability Law Service that he wants to see, and so do I.
Charlotte Nichols (Warrington North) (Lab)
The Minister for Crime and Policing (Kit Malthouse)
Complainants in rape and sexual offence cases are protected by automatic reporting restrictions. There is a lifetime ban on reporting any matter likely to identify a victim from the moment the offence is reported. As the Lord Chancellor has outlined, we are giving consideration to what more we could do to provide greater deterrence and punishment when an offence is committed.
Charlotte Nichols [V]
While we still see instances of victims of sexual assault being named publicly, women continue to be silenced from naming their abusers by civil actions from those who are wealthy enough to take them. I wrote to the Prime Minister in March asking him to take action on this, but the Minister’s reply of 13 April missed this point entirely. Will he now say what steps he will take to prevent victims from being gagged by wealthy and powerful abusers in civil courts?
Kit Malthouse
Obviously, we want to make sure that there is equity before the law, and no matter how rich or powerful someone is, they have to obey the rules as they are laid down. As the Lord Chancellor has outlined, we are giving consideration to what more we can do in this area to make sure that the anonymity of victims in this kind of case is protected and there is sufficient deterrent and punishment for those who name their own victims, or indeed those who are victims in court, so that it does not occur.
Courts and Tribunals: Recovery
Charlotte Nichols Excerpts(4 years ago)
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Charlotte Nichols (Warrington North) (Lab)
Research from Her Majesty’s Courts and Tribunals Service shows that a disproportionately large number of cracked trials in the criminal courts are due to late guilty pleas, with many defendants relying on the fact that key witnesses may be unable or unwilling to testify the longer that the pre-trial process takes, With this being a particular issue in cases of domestic and sexual violence, where victims are overwhelmingly women, can the Lord Chancellor please tell the House what equality impact assessment has taken place on the impact of delays in cases being heard?
Robert Buckland
May I assure the hon. Lady that as a matter of day-to-day practice those issues are very much built in to the system, as is the need to prioritise those cases? She is absolutely right to talk about the problems about witnesses losing heart or victims themselves feeling let down by the system, and that is why we have continued to improve the way in which we use remote technology. The section 28 roll-out is a further measure that will support vulnerable witnesses and victims.
I have seen, not only over the past few years, but over many years in practice, a real sea change in how we deal with these sorts of cases. More needs to be done, and the hon. Lady will be glad to know about the increased investment in independent sexual violence advisers, which are a key element in supporting victims of crime right from the beginning of that early police investigation, because it is at that point that often things go horribly wrong for victims of sexual crime, and it is that work that we are going to be doing. We can talk further about this matter, and I would be happy to engage with her directly about it.