Rights of Victims and Families

Crispin Blunt Excerpts

Tuesday 12th October 2010 Westminster Hall

[The Parliamentary Under-Secretary of State for Justice (Mr Crispin Blunt)]

I congratulate my hon. Friend the Member for Wirral West (Esther McVey) on securing this debate. I am well aware of the valuable work that she has done on the rights of the families of victims of crime. The matter is complex and difficult to cover in debate, and my hon. Friend was extremely generous in giving way. Some interesting points were raised during those interventions, and I shall pick up on those before coming to the substance of my reply.

My hon. Friend the Member for Dartford (Gareth Johnson) made an interesting point about the families of victims in youth courts. We are looking for a much more restorative system, and it would seem rather peculiar if we were to exclude victims from the resulting court process. We shall certainly want to consider that idea. My hon. Friend the Member for Gillingham and Rainham (Rehman Chishti) spoke about victim impact statements and I shall return to that point in the main part of my remarks. I note the sensible suggestion by my hon. Friend the Member for South Northamptonshire (Andrea Leadsom) about a requirement for two post-mortems immediately. It is certainly one that we will ask to be examined.

My right hon. Friend the Minister for Policing and Criminal Justice made considerable time available to meet my hon. Friend the Member for Wirral West and Families Fighting for Justice, the support group from her constituency to which she referred. Mrs Jean Taylor followed up that meeting in a letter to my right hon. Friend, which covered personal suggestions from members of that group. I do not have time to refer to all those letters, but I shall read an extract from a letter from A. Williams, who said:

“What would the government think of prisoners of murder or manslaughter paying compensation to the victims families from the wages that they earn in prison…The victims human rights were taken away the day that they were killed and the families certainly do not get justice, we live a life sentence until we go to our graves, (not just for the term of a prison sentence), it breaks up families, it makes us ill and won’t let us out of the dark place that we live in. Instead of us working and paying taxes to feed the prisoners and giving them privileges would it not be better if they worked to give us, the victims families something back. It works in other countries, why not here?”

In that suggestion, there are some important principles about restoration from offenders to victims—ones that my hon. Friend will have heard in the Justice Secretary’s speech at the Conservative party conference. We are actively exploring them, which I hope will bring some comfort to the members of Families Fighting for Justice.

Crime can have a devastating impact, not only on the victim but on the victim’s family and loved ones. Support is given to the families when the crime has been extremely serious—when a victim has died, or when the victim is young or vulnerable. I give my deepest sympathies to those who have suffered such a bereavement, or who have been through the trauma of caring for a vulnerable victim of crime. It is in such terrible cases that the families play their largest role in the criminal justice system, and it is in precisely those cases that guidance, participation, and practical and emotional support are most vital.

The Government are committed to placing victims and their families at the front and at the centre of the criminal justice system. We are committed to ensuring that criminal justice agencies work to help families through the process; we are committed to providing families with a voice in the criminal justice system; and we are committed to providing them with the support and help that they need to deal with the consequences of crime.

[Stephen Lloyd (Eastbourne) (LD)]

Will my hon. Friend give way?

[Mr Blunt]

I shall not give way, if my hon. Friend will forgive me, as I am short of time.

To those who have never had dealings with it, the criminal justice system can seem daunting. That is especially true for victims and their families, as they are already suffering the emotional distress of crime. Dealing with the various agencies—the police, the Crown Prosecution Service, the courts and probation—can seem confusing, but we have been working hard to ensure that the system provides the families of victims with the support that they need. A number of schemes have been designed to help guide victims and their families through the process, from the pre-charge and police investigation stage, through sentencing to the parole and release of the offender. Considerable support is available from witness care units, family liaison officers and the victim liaison scheme.

Witness care units are the result of collaboration between the police and the CPS. They provide dedicated teams in each area, and their function is to keep victims and witnesses—and in serious cases, their families—updated on the criminal proceedings. They are staffed by police and CPS officials, and work closely with both agencies. Witness care units serve as a single point of contact from the charging of the suspect to the conclusion of the trial. They are responsible for ensuring that victims know whether they must attend court; they inform victims if there are any changes in proceedings; and they are the first port of call for victims and their families if they have specific questions. Witness care units deal with the vast majority of cases that progress past the decision to charge.

In more serious cases, such as homicide or sexual violence, or if the victim is under 18, the police will often assign a specialist family liaison officer. That person is a specially trained police officer, who acts as a single point of contact for bereaved families. That officer will be on call to answer questions, to explain the process and to support the family until the trial, providing dedicated, one-to-one support.

We are well aware, however, that the needs of victims and their families do not disappear the moment that a judge hands down a sentence. Families of homicide victims or vulnerable victims often want to be kept updated with the progress of the offender’s sentence. They want to know whether the person who has caused such distress is awaiting parole, or being released on licence. The victim liaison service provides victims with a means of being kept informed as the offender's sentence progresses, and of opportunities to make representations on issues relating to their safety in the event of the prisoner being released.

The victim liaison service is the responsibility of local probation trusts, which have a statutory duty to identify and contact the victims of offenders convicted of violent or sexual offences who are sentenced to imprisonment for 12 months or more, and the victims of certain mentally disordered offenders. Victims who want to be part of the scheme are allocated a dedicated, specially trained victim liaison officer. That officer listens to victims’ concerns, and may be able to provide information on other local services. If victims take up the service, they will be told about the offender’s sentence and what it means, and updated on key developments in the sentence such as if an offender is moved to an open prison or released. When an offender is coming to the end of the sentence, the victim or the victim’s family can raise any concerns about the release; they can also request licence conditions, such as those forbidding the offender to contact them or enter the area where they live.

On giving the families a voice, it is important not only to help families through the process and keep them informed but to give them the opportunity to become involved if they wish. This country has a system of common law that pits the accused against the state. Unlike in some civil law systems, in ours victims and their families are not automatically a party to a criminal trial. Here, the state brings the charges, the state prosecutes the accused and the state ensures that the sentence is carried out. However, it does not mean a victim or the family should be excluded from the process. We should operate a system under which we do things with victims, not to them.

When courts are considering sentencing, victims and their families should be heard, and the often terrible consequences of the crime upon families should be considered. To that end, families are able to make a victim personal statement. That statement was first piloted in 1996, and has since been implemented nationally. It works like a witness statement, and is usually collected by the police. It provides the victims or, in the case of homicide, the victim’s family, with an opportunity to describe to the court the impact of the crime upon their lives. Seriousness has two components—harm and culpability—and if the personal statement shows that significant harm was caused to the victim, the sentencer can decide on a higher level of seriousness.

--- Later in debate ---

[Mrs Anne Main (in the Chair)]

Order. I remind the hon. Lady that it is not my review of the criminal justice system but the Minister’s.

[Mr Blunt]

I am grateful, Mrs Main, for that clarification. My hon. Friend is aware that because of her generosity in taking interventions I shall not be able to finish my prepared remarks. However, I shall consider carefully what she has said. Indeed, she has repeated here the points that she made directly to my right hon. Friend the Minister for Policing and Criminal Justice, so they are already included in the process and are being considered.

I was going to speak about Victim Support’s homicide service, an important development that began in April this year. We hope that it will provide a high-quality service that reflects the wishes and needs of the bereaved. We are reviewing the services currently available to witnesses, victims and their families in the criminal justice system. As part of our commitment to restorative justice, and to the big society, we want to ensure that victims are a focus not an afterthought.