Police Treatment of Alleged Perpetrators and Victims

Damian Green Excerpts

Wednesday 10th July 2013 Westminster Hall

[The Minister for Policing and Criminal Justice (Damian Green)]

It is a pleasure, as always, to serve under you, Mr Rosindell. I congratulate my hon. Friend the Member for St Ives (Andrew George) not only on securing the debate, but on the fact that, as the right hon. Member for Delyn (Mr Hanson) said, he has mounted a campaign of such length and depth on behalf of his constituents. The case he has outlined is tragic and shocking, and we can only have sympathy for the family in those circumstances. My hon. Friend is right to continue to raise the case and to ask questions about the criminal justice system. He said many of his complaints were about the police, while others were about other parts of the criminal justice system. I am not just the Policing Minister at the Home Office, but the Criminal Justice Minister at the Ministry of Justice, so I hope I can deal with a large number of the important issues he raised across the board.

I think it is fair to say that the support for victims and their families has improved dramatically since this terrible case, but there is, absolutely, always more that can and should be done, and more will be done in the coming years. As my hon. Friend mentioned, my hon. Friend the Member for Reigate (Mr Blunt)—the previous prisons Minister—apologised for the way in which the case was handled in the first place, and Cambridgeshire police have also apologised. I apologise now on behalf of all the public agencies involved. Clearly, mistakes were made, and it is the Government’s job to ensure that such mistakes, which cause so much heartache and misery, cannot happen again.

My hon. Friend the Member for St Ives talked about the proceedings of the IPCC, which deals with serious and sensitive complaints against the police. One problem my hon. Friend and the family have had is that Ms Bryce made a complaint in 2004 to the Police Complaints Authority—the IPCC’s predecessor body—so the IPCC was unable, under the Police Reform Act 2002, to reopen the case. There are now instances where matters brought to the PCA’s attention can be reconsidered by the IPCC. We now allow for some cases that were previously investigated to be the subject of further investigation. The circumstances have to be exceptional, and the IPCC must be satisfied that the matters that have been complained about are unusually grave and that there is an overwhelming public interest in the matters being reinvestigated.

[Andrew George]

I was interested to hear the Home Secretary’s statement to the House a couple of weeks ago, when she acknowledged that she had spoken to Dame Anne Owers about the Stephen Lawrence case. Dame Anne had indicated that if issues arose from the investigation of the allegations in that case, she saw a role for the IPCC, even though the police had investigated these matters 20 years ago.

[Damian Green]

The legal block put in place in the 2002 Act referred specifically to complaints that had been referred to the PCA. I can see why it was introduced: to prevent every case the PCA had looked at from being investigated by the new body. However, there are, as I say, very large caveats, and there needs to be exceptional public interest. The matters that have been complained about must be unusually grave, and there must be overwhelming public interest in their being reinvestigated. That is the hurdle, but that possibility is there.

My hon. Friend mentioned the fact that the Criminal Cases Review Commission reviews cases for perpetrators of crime, but not for victims or their families. The CCRC reviews the safety of convictions and sentences on application by, or on behalf of, defendants. Generally, it may do so only when all available avenues of appeal have been exhausted, but, in carrying out its functions, it takes care to ensure that it complies with the spirit of the code of practice for victims, as well as with its obligations under it.

A number of points have been made about how appeal proceedings can, in circumstances such as those we are discussing, appear to favour the perpetrator rather than the families or the victims. Although victims and their families cannot appeal, they can make a personal statement to explain the impact of the crime on them. Any personal statement from a victim or their family that was produced for Crown Court proceedings should have been sent to the Court of Appeal with the other trial papers when the appeal was started. However, a victim or a member of their family can lodge or update a personal statement with the Criminal Appeal Office at any time during appeal proceedings. Obviously, it is better to do such things in good time before the hearing so that judges have time to read the statement, but it is possible to send in the statement at any time up to the day before the hearing. In addition, we intend to include information about victims’ entitlements at the appeal stage of the process in the revised victims’ code.

[Andrew George]

That is extremely helpful; in fact, in the original debate in January 2001, a request was made for victims to have a statement and to have a role in the proceedings—even in the kind of lower-order hearing that was used in this instance to advance the case in mitigation. In Claire Oldfield-Hampson’s case, no one answered the case in mitigation, which resulted in the castigation of her and the appalling way in which her memory was recorded. Is there, therefore, an opportunity to find a means by which the family can, even at this stage, put on the historic record something to counteract the slanderous comments that are now there as a result of the hearing?

[Damian Green]

If I may, I will take that thought away and think about it, because no criminal justice proceedings are continuing, and it is difficult to legislate for something that has already happened. As I say, one thing I hope will come out of these tragic circumstances is that we learn to improve conditions for future victims and their families. I hope I am going some way towards assuring my hon. Friend that lessons have already been learned and continue to be learned. However, I will take his point on board and give it some thought.

My hon. Friend made a powerful point about what can happen to family effects. I can perfectly well appreciate how those are so valuable in such circumstances. It is already the case that the person convicted of murder forfeits his or her right to inherit from the victim. However, as my hon. Friend mentioned, it should remain a fundamental principle of law that a person is innocent until proven guilty, so there are no plans to amend the law to restrict a person’s right to apply for probate before trial or to prevent relatives of a person convicted of murder from inheriting from the victim’s estate.

The current law provides some flexibility, however, so that on application the court can amend or revoke a grant without the consent of the appointed personal representative, in exceptional circumstances; for example, if the personal representative has been convicted of the deceased’s murder. In addition, it is now open to anyone to enter a caveat on the probate register to prevent probate from being granted. For example, a relative of a murder victim could enter a caveat to prevent probate from being granted until the circumstances of the death had been clarified. I hope that is helpful.

[Andrew George]

I am grateful for that advice. Clearly, if it had been available to Joanne Bryce and her family at the time of the events in question, circumstances would be entirely different now. I am sure that had my constituents been aware of such powers they would have sought a caveat on the probate immediately—had they not been grieving and distraught, and unable to act in such a way for themselves.

Can anything be done retrospectively in such cases, and, secondly, can it be made clear that in the twilight world, so to speak, between arrest and conviction, the blood relatives of the victim should be given the best legal advice, to ensure proper protection of their interests and the memory of the person who was killed?

[Damian Green]

The key to the point is the victims’ code. We are about to publish a new version of it, and have been consulting on it for the past few months. It is very important that victims’ rights should be better understood, not least by victims themselves and their families. Members of the public, as well as those who are habitually involved in criminal justice proceedings, need to be more knowledgeable about the code. Victims of crime are entitled to receive information, support and services under the victims’ code. That includes, for example, information about the criminal injuries compensation scheme and the appointment of a family liaison officer. As I have said, awareness of the code is not high enough—not only among victims but among criminal justice practitioners. That is why, as well as revising the code to make it more accessible, we shall use a range of methods, including short leaflet guides, to communicate it more effectively. Awareness will be raised through work with organisations such as Victim Support, whose extensive networks operate locally in every part of the country.

Structural changes made since the late 1990s and early 2000s will serve generally to raise awareness of means of redress, particularly among victims and their families. The most obvious and dramatic have been mentioned: each area will have a police and crime commissioner, whose basic task is to hold the chief constable to account. When there are serious complaints, such as there clearly were in the case that my hon. Friend has raised, the PCC will be the first point to go to; that is where there would be someone whose local responsibility was, in the case in question, to hold to account the Cambridgeshire force. That will be a significant step forward.

[Andrew George]

I thank my right hon. Friend for giving way once more. One hopes that people will not need to reach the point of making complaints. As I think I have shown, it is often too late when the point of contacting the police and crime commissioner is reached. Given that the case I have raised highlights an appalling contortion of justice, in which permission must be given by a killer for the blood relatives to get access to the death certificate, so a funeral can proceed, can my right hon. Friend at least tell me that we have learned that lesson? Can anything be done to avoid that absurdity in future? Surely families of the victim of a killing should not have to ask the killer for permission to proceed with a funeral.

[Damian Green]

I quite understand the point. I hope that, partly through the victims’ code, and by other means, we will be able to consider some of the specific serious issues that arise in the terrible case in question. Two more reforms are being brought in to help to prevent repetitions of some of the problems that arose, one of which was mentioned by the right hon. Member for Delyn (Mr Hanson).

Firstly, to take up my hon. Friend’s point, we want to prevent recurrences: redress is important, but prevention is always the priority. The College of Policing has the precise task of raising professional standards throughout the many vital activities of the police. I hope that in relation to the case that my hon. Friend has raised the college could provide extremely useful guidance on sensitivity in interface with families, in addition to working on spreading best practice, making it easier and quicker for that to be spread between forces.

Secondly, we have also embarked on a wider reform of the criminal justice system. Much of the reform is about improving efficiency, but some of it is about making things more transparent. For everyone who becomes involved with the criminal justice system—and I take the point that often it will happen to a person once in their lifetime, perhaps because they are a victim or a victim’s relative, and so they do not want the involvement—things should happen in a clear, timely and efficient way, and be clearly explained. People should not be left waiting around for months or years waiting for a decision. That is another significant reform.

I have already mentioned police and crime commissioners, and they are perfectly placed to represent victims’ voices locally. We are legislating in the Anti-social Behaviour, Crime and Policing Bill, which is in Committee at the moment, so that from October next year PCCs will have clear powers to provide or commission the widest possible range of services for victims of crime. As has been mentioned, we have appointed a new Victims’ Commissioner, Baroness Helen Newlove, who began work in March. She is already meeting many victims and their families, to hear their views on the criminal justice system. Indeed, she sits on the criminal justice board that I have set up, which brings together the judiciary, the police, PCCs and various bodies that represent different parts of the system, precisely to drive through such reforms.

To address a particular point that my hon. Friend raised, in April 2011 we introduced domestic homicide reviews on a statutory basis, so that local areas and agencies will identify lessons learned, to help to prevent future homicides and violence, and make improvements. The reviews specifically encourage agencies to work more closely with friends and family members of victims, to see how they can share information at an earlier stage. I assure my hon. Friend and the family of Claire Oldfield-Hampson that we are considering how to improve means of redress for victims—we have discussed that briefly already—so they can hold the criminal justice agencies to account.

We have made a commitment to look at the case for an independent complaints ombudsman for the criminal justice system in the strategy and action plan I referred to. We have consulted on an improved complaints procedure in the new victims’ code, and we are keen to explore whether police and crime commissioners can play a role in ensuring that the high standards of service that we want and expect to see are maintained in every locality.

I am happy to assure my hon. Friend and the right hon. Member for Delyn that the Government are already taking forward many of the improvements that need to happen, and the victims’ code is already statutory. It is in secondary legislation, but any non-compliance may result in judicial review. The Parliamentary and Health Service Ombudsman is responsible for investigating complaints under the code, and there is a high level of compliance. The victim’s personal statement is key. We have consulted on putting victim personal statements in the code for the first time, which would give it a statutory footing. The Under-Secretary of State for Justice, my hon. Friend the Member for Maidstone and The Weald (Mrs Grant), already has specific responsibility for victims and this area of policy. I am glad that that change has been welcomed on both sides of the House.

Nothing anyone can say can undo the past, but I hope that it is at least clear that our reforms put the Government and the law on the side of the victim and their family. We want to ensure that throughout the criminal justice process there is support for victims of crime and their families, that consideration of their needs and welfare is embedded in the way in which police and criminal justice agencies work, and that those needs are an absolute priority in their work and everything they do.