Independent Sentencing Review

Charlotte Nichols Excerpts

Thursday 22nd May 2025 Commons Chamber

[Shabana Mahmood]

I am sorry to have to break it to the right hon. Gentleman, but he will be horrified to discover that he agrees with David Gauke on this one. The independent reviewer has pointed out that transparency will be paramount to maintaining confidence in the justice system, and we will make sure that we take the transparency measures forward.

[Charlotte Nichols (Warrington North) (Lab)]

With the National Police Chiefs’ Council having declared violence against women and girls a national emergency, it is right that we explore radical methods to bring down the scale of offending in our communities. We know that most sexual offending is not about sex at all, but about power. However, for the subset of convicts whose offending is driven by sexual compulsion, chemical castration could be an option. Is there estimate data on how many future offences that could prevent? By definition, it would only be for those who have already offended. As I am not aware of a method of permanent chemical castration, is there capacity in the Probation Service to monitor ongoing compliance with treatment?

[Shabana Mahmood]

Studies show a 60% reduction in offending. My hon. Friend is right to say that, for one subset of offenders, offending relates to power. For another subset of offenders, we believe that a combination of chemical suppressants and psychological interventions can have a big and positive impact. A pilot has been trundling along for many years, and nobody has shown much interest in it, including any of my predecessors—Tory Justice Secretaries just let it carry on. I am not willing to do that, and I am not squeamish about taking further measures. We are going to have a national roll-out of this programme, and I will ensure that is what happens. I am expanding it to two further regions, including for prisoners in 20 further prisons, so that we can build the evidence base and make sure that we are using every tool at our disposal to cut reoffending.

Criminal Injuries Compensation

Charlotte Nichols Excerpts

Tuesday 29th April 2025 Westminster Hall

[Laurence Turner]

My hon. Friend, the Chair of the Justice Committee, makes an important point. We must also consider the number of victims of crime who are so exhausted by the process that they choose not to appeal, even though they may have grounds to do so. His scrutiny in this area is very welcome.

Changes made to the scheme have an unhappy history in this House. Some Members may recall the very contentious changes made to it in 2012, with the express intent of reducing expenditure by between £40 million and £60 million a year. At the time, in the face of sustained scrutiny, including from Members on the then Government Benches, the Minister of the day, the hon. Member for Maidstone and Malling (Helen Grant), announced:

“a hardship fund of £500,000 per year which will provide relief from hardship for very low-paid workers in England and Wales who are temporarily unable to work as a result of being a victim of a crime of violence.” —[Official Report, 27 November 2012; Vol. , c. 14WS.]

That concession secured support for the relevant secondary legislation. The fund is still in existence, but its criteria are too tightly drawn. An applicant must be paid no more than £5,700 a year, the equivalent of statutory sick pay, and they must apply to seek it not within two years of an injury, but within two months of an injury, in order to qualify.

Far from the fund supporting low-paid victims of crime by £500,000 a year, the Ministry of Justice told me recently that only £4,100 has ever been paid out of it, and no payments at all were made in the seven years to 2023-24. I suspect that the very few workers who were eligible to apply were unaware that it exists. The hardship fund is a dead letter; it would be better to scrap it than to claim that special support is available to low-paid workers when, in practice, it is not.

[Charlotte Nichols (Warrington North) (Lab)]

My hon. Friend refers to low-paid workers; we know that retail staff are among the victims who experience a really shocking amount of violent crime within the workplace. Will he join me in paying tribute to the Union of Shop, Distributive and Allied Workers for the work it is doing to ensure that its members who are victims of violent crime in the workplace can access the CICA scheme?

[Laurence Turner]

I thank my hon. Friend for her intervention, and I agree with her. USDAW’s Freedom From Fear campaign, which has been running for many years and covers a number of important issues, including the importance of fair access to compensation, is to be welcomed, and USDAW should be congratulated on the changes that it has already secured in this House.

Another high-profile change was the tightening of the criteria, so that the scheme only applied to injuries caused by deliberate violence inflicted by a person. That change excluded most dangerous dog attacks, and in practice compensation for such attacks can only be secured if it can be shown that a dog was directed to attack by its owner. It seems to me a serious flaw that a child or postal worker might be mauled by a dog and left with life-changing injuries, and the keeping of that dog may itself be an offence under the Dangerous Dogs Act 1991, but there would be no route for the victim to claim compensation, especially if the owner of the dog cannot be identified.

The Communication Workers Union continues to campaign on this issue; ahead of this debate, it drew attention to figures showing that each year 200 Royal Mail workers lose a finger or part of a finger after a dog attack. I encourage Ministers to look again at this issue, especially in light of the growing number of animals belonging to new, and now-banned, breeds such as the XL bully since 2012.

As has already been said, compensation for criminal injuries is an important issue for workers in public-facing roles more generally, and I am grateful to USDAW, GMB and Unison, as well as the CWU, for their work to draw attention to the risk of violent assault to their members. And for the avoidance of doubt, I draw attention to the support provided to my constituency party by GMB and Unison.

The changes to the scheme that I have referred to were made under the previous Government, but I wish to press the Minister on two further and more recent points. First, shortly before Easter the Ministry of Justice published its response to the consultations undertaken between 2020 and 2023. In that response, the MOJ said that there would be no immediate changes to the scheme, in part because of resource constraints.

The decision not to accept recommendation 18 of the Independent Inquiry into Child Sexual Abuse has understandably caused disappointment and reignited wider criticism of the scheme. The Government cited two factors: protection of universality, which means treating all applicants in the same way, and cost. If the scheme is not to be amended to provide different criteria for victims of childhood sexual abuse, what other steps will the Ministry now take, such as the provision of enhanced guidelines on the circumstances under which an out-of-time application would be accepted, taking into account our modern understanding of the lifelong effects of this horrendous crime?

On resourcing, will the Minister accept that although the nature of the scheme means that expenditure varies year on year, the cost of compensation has actually fallen on average—that is the trend—after inflation is taken into account. Although the number of applications has risen, that appears to have been driven by an increased number of ineligible claimants. The scheme overall costs less than it did before 2012—less in cash terms, I believe, than under the pre-statutory scheme—and, as mentioned, CICA’s headcount has fallen.

Reforms are needed, but I am concerned that we seem to be talking again about protecting the sustainability of the scheme. I know the Minister has a strong personal commitment to this issue and to enhancing support for victims of crime more generally. I hope she will be able to reassure us that any future reforms of CICA will seek to improve victim support, including in its compensation elements.

Our constituents expect us to bring our knowledge, our judgment and the benefit of our experiences to this place. Like some other Members of this House, my interest in this matter arises partly through my direct experience of the scheme. By their nature, such matters are difficult to talk about; if I stumble, I ask for Members’ patience.

Some six years ago I was on the wrong end of an attempted robbery. I was left concussed, my arm was dislocated and one of the joints in my right hand was shattered. I was physically unable to leave the house for a month, and I had a frozen shoulder for a year. There are long-term physical effects: I have premature arthritis and permanent loss of movement on my right-hand side. By any common-sense judgment they are serious and blameless injuries, arising from violence, but with one minor exception: annex E of the scheme does not recognise them as such.

There was—and is—also a psychological effect. An event of that kind changes a person. I am changed in ways that I still find difficult to talk about. I have learned that recovery is not some happy state that is one day achieved: it is a process that follows its own timetable at an uneven pace, towards a destination that can never be fully reached. In my case, the perpetrators were never identified. I incurred substantial costs because the assault happened almost on my doorstep. Although I would be unlikely to recognise the perpetrators, they would have recognised me.

At the conclusion of the investigation, the police referred me to the criminal injuries compensation scheme. My experience of the scheme is typical of the delays and impersonal contact that have already been described, and does not require repeating. What I will say is that when a person is compelled to relive their experiences, within a system that they feel they have to fight against, the original injustice is continually visited anew.

At the conclusion of the process I received the lowest tariff award of £1,000. That was given because there was some post-surgical scarring—the only injury that qualified under the scheme. In truth, that aspect was the least consequential effect of the assault. The criteria felt—and still feel—arbitrary. I received an apologetic letter from one of the administrators of the scheme, and I remain grateful for that human touch. The award did not, as it does not for many, cover the costs of travel and accommodation for surgery or physiotherapy—but, three years on from the assault, I was just glad to have some official recognition and did not pursue an appeal.

I do not say any of this to attract attention or sympathy, or to suggest that my experience was in any way exceptional. The point is that it was not. Like many victims of crime, my hope now is that some good might come from adverse experience. In that respect, I agree with the Minister when she wrote:

“The clear message to me is that we need change, and I will be considering how Government can best provide the support that victims need and deserve.”

I hope we will hear more about those plans today.

I am encouraged by the Prime Minister’s clear and personal statement of support for victims of crime in response to my hon. Friend the Member for Warrington North last week. I am glad to have the opportunity next Tuesday to introduce to the House a ten-minute rule Bill that aims to secure the wholesale review of CICA and the scheme that the Victims’ Commissioner called for in 2019. The victims of violent crime deserve better, and I hope the Bill will secure cross-party support.

--- Later in debate ---

[Charlotte Nichols (Warrington North) (Lab)]

It is a pleasure to serve under your chairship, Dr Murrison.

My hon. Friend the Member for Birmingham Northfield (Laurence Turner)—I am proud to say that he truly is a friend—laid out perfectly the historical context in which the criminal injuries compensation scheme was devised and the economic, moral and financial case for change, given that it has failed to meet its objectives. I am one of the co-sponsors of this debate, and I want to support my hon. Friend’s core argument and lay out an aspect of the scheme that cannot be understood by those for whom it is an abstract point of law or procedure.

Rape and sexual assault have a conviction rate of a pathetic 1.5% or so, so vanishingly few victims ever get justice through the courts. Of course we need to use every lever of Government to bring down the number of offences and drive up the number of perpetrators convicted, but to focus entirely on the criminal justice element is to miss the point when it comes to supporting victims. CICA provides a twofold civil remedy. First, it provides a level of financial restitution for the experience. Secondly, and most importantly, it is state recognition of the person’s experience as a blameless victim of violent crime. That vindication is an important part of the process of closure for people who have been victims of the most hideous crimes, including where a perpetrator has not been apprehended or where a conviction cannot be secured.

A constituent who was a victim of rape told me:

“I’ll probably never know why the jury decided not to convict in my case. The compensation awarded wouldn’t actually cover the cost of a copy of the trial transcript. The process of closure for me began with that letter from CICA, that seeking justice hadn’t been in vain despite the enormous personal cost.

Beyond the nightmares I still have replaying that night, replaying the trial, the court room, replaying every indignity meted out upon me over a truly miserable three year period; it is there. In black and white. On the record. This happened to you. He is a rapist. We believe you. That’s what that piece of paper meant.”

Every victim deserves vindication, but among the largest barriers is the time limit. The Victims’ Commissioner —the indomitable Baroness Newlove, who is incidentally a constituent of mine—recommended to the Government back in 2019 that it be amended in her landmark report “Compensation without re-traumatisation”. We are still waiting.

The time limit pressures victims into choosing between pursuing justice in the courts and a civil remedy—lest the defence infers a financial motive for coming forward—leaving them with a high statistical likelihood of ending up with neither. However, if the expectation is that victims should pursue both at the same time, or even in close succession, that is wildly unrealistic given just how much the criminal justice system retraumatises a person and puts far too much onus on the victim all at once. That is not a reasonable expectation for us in this place to have of the dozens of constituents I have signposted and supported through this process. It is a huge thing to do, and we can never fully appreciate just how much it grinds a person down unless they have been through it.

The fact that many of those who apply will be turned away because of arbitrary time limits, or that many will be dissuaded from applying at all for the support that they are entitled to in the expectation that that will happen, leaves victims without the ability to get closure. It leaves them frozen. In Warrington, 349 victims have already made a successful CICA claim in the past five years; from the crime statistics for our area alone, I know that there is massive under-claiming. Then there are all the cases that will not show up in those statistics, including those dealt with in the family courts. Currently, no agency is responsible under the victims code for informing victims about the scheme; the expectation is that that falls to the police or local support services.

I know that the Treasury has anxiety about this, but if we get anywhere near our target of halving violence against women and girls, the scheme will pay for itself. Until such time, victims cannot continue to pay the price. While there is no amount that would ever make being a victim of violent crime worth it, surely the least that they deserve is the amount that was intended back in 2012—not a fraction of that, as its value is eroded further each year by inflation.

For all the things that successive Governments have seen fit to spend money on, it breaks my heart that none have thought this scheme worth consideration. While we work to improve victim support services generally, there will always be a role for CICA. Unfortunately, CICA is compensation for state failure to keep people safe and, too often, to deliver justice. That compensation should be significantly uplifted at the comprehensive spending review to ensure that its value is a fairer reflection of the debt that society owes to those victims that it has let down. Awards must be index-linked to inflation, so we do not end up having the same debate in 15 years’ time.

The time limit should be amended in line with the recommendations of the Victims’ Commissioner, and we should ensure that the framework aligns with the rest of our system, including with our increased understanding of the harms of non-contact sexual offences. I hope that all hon. Members will support the ten-minute rule Bill tabled by my hon. Friend the Member for Birmingham Northfield next week, so that we can start this vital reform. I look forward to the Minister’s response today.

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[Josh Babarinde]

I could not agree more that the burden of bureaucracy should not be on the victim. Having spent almost two years going through a police process as a victim, and then a very traumatising Crown court trial, the last thing that I wanted to do was rush to fill in application forms for compensation before the imminent two-year deadline from reporting to the police, which the hon. Member for Wolverhampton West (Warinder Juss) described, was about to be hit, so I did not apply.

For exactly the reasons that the hon. Member for Congleton (Sarah Russell) described, it takes more than two years to process a crime. In my case, it took many decades, and I still process those crimes today. The system is not conducive to that healing process. A question that I asked was essentially, “Is this system for real? After dragging me through what is a shocking, adversarial and dehumanising criminal process, you’re going to ask me to jump through more hoops just to prove that what has happened to me has happened to me? You can go and take your paperwork and stick it where the sun don’t shine.” The sun shines in Eastbourne a lot, as many folks in this room know, so it did not have to go far.

In scenarios where a court case has happened, and where the evidence has already been presented once, it must be possible for the criminal injuries compensation scheme to access that evidence with the consent of the victim and make some kind of compensation assessment without dragging the victim through another legal ordeal from square one. I would be interested to understand what exploration the Government have undertaken in this area.

Inefficiency costs time, and, to the point made in an intervention by the hon. Member for Hornchurch and Upminster (Julia Lopez), who is no longer in her place, no victim should have to wait years and years for their claim to be assessed, as is too often the case today. Alexis Jay, in her IICSA report, also suggested that, in cases where proceedings have already gone to court, there could be merit in empowering a judge to order the payment of criminal compensation from offender to victim. I would be interested to know what assessment the Government have made regarding the merit of that suggestion too.

Secondly, the scheme must be more visible, because so many victims are unaware of it. Fewer than four in 10 victims recall being told by the police about the scheme, according to the Victims’ Commissioner. Significant numbers of victims and survivors are therefore missing out on the compensation that they need to rebuild their lives. I was not told about the scheme by the police; I was first told about it by an incredible child abuse solicitor, Dino Nocivelli, who I was connected with through a friend of a friend. As has been said already, awareness should not rely on who someone knows. The system is failing victims and survivors by leaving them in the dark.

Thirdly, victims and survivors must receive the support they need to navigate the system. I have touched on some of the complexities, as have other hon. Members. In my case, although I did not end up applying, I discussed the scheme with my ISVA—independent sexual violence adviser—from SurvivorsUK, Alan Robertson, to whom I pay tribute. ISVAs play a critical role in giving survivors the practical guidance and confidence to navigate our justice system, of which the criminal injuries compensation scheme is a part.

One of my key concerns, which I have expressed several times before, is that charities report that their capacity to provide support is being diminished by the national insurance contributions hike and the cut to core funding for police and crime commissioners. Those are debates that the Ministry of Justice will need to have had with the Treasury. Some charities that provide such guidance and support to victims have told me, and said publicly, that these measures are tantamount to a 7% real-terms funding cut.

[Charlotte Nichols]

I thank the hon. Member for his speech and particularly for his reference to ISVAs and victim support. In the Warrington area, there is no support available through either the NHS or third sector organisations for people under the age of 18 who have been victims of violence. That is why the CICA scheme is so important: it gives victims the ability to get specialist therapy outside the NHS and the charitable sector. Does he agree that ISVA services need to be far better funded, so that they can offer much more bespoke support to victims throughout the UK, including child victims?

[Josh Babarinde]

I could not agree more with the hon. Member. As someone who has used an ISVA service myself—I am not sure that I could have gone through the process without it—I think that the value of those services cannot be overestimated. It is of great sadness to me that across our country there are what I would describe as ISVA deserts, where it is very difficult to access those services. This should not come down to a postcode lottery. People should not be victims of these terrible crimes in the first instance, but if they are, then wherever they are in the country, they should be able to access those critical services and support to help them to navigate their trauma, their survival and their recovery beyond.

I welcome the fact that the Government have taken steps to protect funding for organisations tackling violence against women and girls, but we know that there are victims and survivors beyond this cohort who will be left with less support at a time when they need more.

The test of a civilised society is how it treats its most vulnerable members. Right now, we are failing that test. Victims and survivors of crime deserve more than our sympathy; they deserve action. They deserve more than a criminal injuries compensation scheme that retraumatises those it is meant to help; they deserve a scheme that is fair, fast and fighting for them. The Liberal Democrats stand ready to work with the Government as they prepare the update to the victims code and forthcoming legislation, with a view to helping to achieve just that.

--- Later in debate ---

[Laurence Turner]

I will not detain Members long, but I wish to thank everyone who has spoken in this debate for their informed speeches and for their tone. It is right that we scrutinise and criticise the records of Governments past and present—that is one of our critical functions—but all hon. Members have approached the subject with the seriousness and sensitivity that it deserves. We all share the common aim of having a scheme that delivers more for the victims of crime.

From the Back Benches, we heard from the hon. Member for Strangford (Jim Shannon). Although he described some of the differences in Northern Ireland, I was struck by the similarities with the frustrations experienced by victims in England, Wales and Scotland. My hon. Friend the Member for Warrington North (Charlotte Nichols) made a speech combining powerful empathy with an acute reading of the technical challenges that still exist in the scheme.

I thank my hon. Friends the Members for Derby North (Catherine Atkinson), for Wolverhampton West (Warinder Juss) and for Congleton (Sarah Russell), who enriched the debate with their professional experience and expertise. In particular, I was struck by the extremely important issue that my hon. Friend the Member for Derby North highlighted, which needs remedying. It should be a matter of concern to us all that apparent dead letters in the law can be reanimated with a sometimes surprising lack of scrutiny.

From the Front Benches, we heard from the hon. Member for Eastbourne (Josh Babarinde), who spoke for himself as well as for his party. He has described his own experiences before in this place and has used those experiences to bring forward his own legislation on related matters. I thank him for his speech.

We heard an account from the hon. Member for Bexhill and Battle (Dr Mullan), and it was very important that we heard such an account from the Opposition in this debate. He highlighted an issue that perhaps needs further scrutiny, which is the satisfaction rates that have been claimed. I have to say from my own experience of the scheme that I do not recall ever being asked to give a satisfaction rating. I wonder whether there are issues with how people are asked and what the response rate is; I must say that the 95% figure he cited is surprising to me.

The victims Minister set out an overview of the contributions to this debate. I was struck by her comment that changes to the scheme will not be made at the present time. It is important that if changes are made to the scheme, they are not driven by a short-term desire for cost-savings; they must be motivated by the improvement of the service for victims.

[Charlotte Nichols]

I thank my hon. Friend for his summing up. I want to pick up on that point. When the White Paper on changes to the scheme came out in 1993, more than two Governments back, the then Government said that the changes they wanted to make to the scheme were driven by a desire to “provide a better service” to claimants, although they admitted that the main aim was to cut costs. It is clear from today’s debate that it is important to ensure that change is driven by providing a better service, rather than by cost-saving measures. Does my hon. Friend agree that that needs to be the core focus, above any other consideration from the Treasury?

[Laurence Turner]

I am delighted to hear a reference to a White Paper from 1993. I am a great believer in the theory that obscurity is a source of strength, and my hon. Friend has provided some evidence for that.

The Treasury takes a legitimate and necessary interest in annually managed expenditure. On the other hand, there is a real risk that changes made at relatively short notice, with curtailed time for scrutiny in this place, could deliver a worse service. That must be avoided at all costs, as we have seen from some negative experiences with past changes to the scheme.

Building on the Minister’s welcome commitment to continue to work with Members of this House and victims across the course of this Parliament, I hope that we can secure the positive changes that she wants to achieve. I thank all hon. Members who supported the application for the debate, including some who are unavoidably absent, such as my hon. Friend the Member for Worsley and Eccles (Michael Wheeler) and the hon. Member for South West Devon (Rebecca Smith), who gave notice that unfortunately they have been detained by other matters. This is the first debate on the important subject of criminal injuries in this Parliament, but I am sure that it will not be the last. I thank you for your chairship, Dr Murrison, and I thank everyone for their contributions.

Violence against Women and Girls

Charlotte Nichols Excerpts

Thursday 9th January 2025 Commons Chamber

[Charlotte Nichols (Warrington North) (Lab)]

I am glad that we are discussing this most important issue today. The National Police Chiefs’ Council rightly stated last year:

“Violence against women and girls is a national emergency.”

Action must be taken against our societal epidemic of violence, including sexual violence, against women and girls, and I am glad that the Government are committed to halving it in a decade. I will do my part to ensure that promise is delivered.

We rightly talk a lot—although not nearly enough—in this place about victims. They must be at the heart of our work. Society has reached a place where most of us can accept the fact that we will all know victims of domestic or sexual violence. How could we not, with the National Police Chiefs’ Council’s statistics showing that approximately one in 12 women will be a victim in any given year, and as many as one in three over the course of a lifetime? Violence against women and girls is endemic in our country. It happens all around us and is committed by people—mainly men—whom we all know, and often trust and love. Societally, that is the aspect with which we have failed to grapple.

Even though we accept that we know victims, far fewer people can accept that they know perpetrators. Instead, the 3,000 offences that happen each day, which leave behind psychological wreckage, seem to be rhetorically and conceptually driven by some sort of mysterious, passive, abstract force. It may be tempting to imagine that predators and perpetrators are unusual and could be identified if only we ditched our politically correct attitudes. However, that ignores the majority of abuse that takes place. Worse, it leads to a complacency that makes women and girls more vulnerable. It is easier, psychologically and societally, to hold to the idea that sexual violence is a rare thing, perpetrated by monsters that we can spot a mile off. Finding any excuse to delegitimise those who come forward—for example, by victim blaming, or by having preconceived ideas about how a “real” victim would behave—is key to upholding that. We see excuses made constantly for such behaviour, including in this place, and often by people who claim to be feminist or Christian, but who do not demonstrate any of the values that they claim to hold when it comes to having to confront the behaviour of someone in their circle.

It is easier to immediately accept the abuser’s wholesale narrative and deflect, minimise, deny, defend or rubbish the victim’s credibility than to accept that someone we know is not only capable of that type of violence, but has perpetrated it. That tendency is at its most egregious when there is an institutional failure of reckoning, but all institutions are made up of individuals who share in and perpetuate that culpability. Even in the vanishingly rare cases in which someone is successfully convicted for domestic or sexual violence, we need only look at the comments online about how they had been “hard done by” or were “such a nice neighbour” and “couldn’t possibly have done it”. We all know that the vast majority of cases will never even make it that far, so what then?

Let us be clear. According to the National Police Chiefs’ Council,

“1 in 20 people are estimated to be perpetrators of VAWG per year”.

Many of those will be repeat perpetrators. We will all know at least one of them. They hide in plain sight. They may very well be the last person we expect to be a perpetrator, and they know exactly what they are doing. Failure to acknowledge that means forcing victims to carry the shame that belongs to their abusers. We cannot say that we support victims coming forward if we cannot reconcile the fact that everyone here and everyone watching will know perpetrators of that form of violence.

If we are to turn the tide, we need better education. We need more honest discussions of women’s safety and men’s roles. We need cultural change to identify and call out abusive behaviour. We need structures that believe women and girls and take misconduct seriously. We need investment in mental health and victim support services far above that currently on offer, including in the Criminal Injuries Compensation Authority, and support from independent sexual violence advisers and independent domestic violence advisers. We also need a justice system that works, that can deliver timely justice and in which women can have faith that they will not be further traumatised, as happens all too often, when seeking justice. Fundamentally, we all—in this place and right across society—need the courage to be more honest with ourselves about what we collectively look away from because it is too difficult. If we are ever going to hold perpetrators accountable and create and sustain a culture where women’s and girls’ safety is the norm, not the exception, that is where we need to begin.

Victims of Sexual Violence: Court Delays

Charlotte Nichols Excerpts

Monday 16th December 2024 Commons Chamber

[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

Tuesday 10th December 2024 Commons Chamber

[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)]

T6. The criminal injuries compensation scheme is a vitally important part of the justice system but among the gaps in the framework we inherited is interim support for victims of crime under 18 before they can access their award. This is profoundly affecting three of my young constituents who were victims of rape, and their families, in dealing with the consequences. Will the Secretary of State meet me to discuss how we can do more for child victims of the most serious offending and ensure the Criminal Injuries Compensation Authority is fit for purpose?

[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

Tuesday 12th November 2024 Westminster Hall

[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

Tuesday 22nd October 2024 Commons Chamber

[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

Monday 16th October 2023 Commons Chamber

[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

Thursday 15th June 2023 Commons Chamber

[Chi Onwurah]

indicated assent.

[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

Thursday 10th June 2021 Commons Chamber

[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.