Victims and Courts Bill (First sitting)

Elsie Blundell Excerpts

Committee stage
Tuesday 17th June 2025 Public Bill Committees

[Jack Rankin]

Yes—sorry. That is why in the amendment we have suggested that victims need to be consulted about what would happen. Obviously that would be a risk, but that should be the victim’s choice. That should not be for the establishment—the criminal justice system or politicians. We should actively say, “This is the potential risk of this. Do you want that to happen?” They should be the people at the heart of our conversation, should they not?

Genna Telfer: I think they should be at the heart of the conversation, but I do not think they should be the decision maker. If you have someone who is so violent that it presents a risk, effectively making other people victims—prison officers or whoever—there should be a decision either by the Prison Service or by the judge that, “This is too risky to do, and it is going to cause more problems than it is going to solve.” I accept that we would want to consult the victim and put them at the heart of it, but I do not think they should be the decision maker in that case.

Clare Moody: I absolutely echo the point that Genna has made. It is one thing saying that this might be the outcome, and that it depends how the outcome is displayed in terms of what that could look like in a courtroom, but there could be the danger of retraumatising victims if this becomes all about the disruption in the courtroom at the point of sentencing. I think there are real problems with that.

Genna Telfer: I do not disagree with the principle of it. I just think it would be very difficult to do.

[Mrs Elsie Blundell (Heywood and Middleton North) (Lab)]

Q Good morning, both; thank you for appearing this morning. There are lots of cases in my constituency, and I am sure in those of other Members as well, where housing associations are not taking strong enough action against tenants who are perpetrators of antisocial behaviour. We have heard from you and from the previous panel; there are lots of different agencies involved. How do you see the role of the police working alongside the Victims’ Commissioner, housing providers and other agencies to combat antisocial behaviour? How do you think the Bill could help make that relationship and partnership working more fruitful?

Genna Telfer: We obviously have really close working relationships with our partners. There should always be a number of people around the table trying to work out the best option to deal with these cases—from a problem-solving point of view, not just in the short term. Rather than just solving the immediate problem by, for example, moving people from one address to another, they might ask, “How do we manage this for the future?”

In my experience, I do not think there is an unwillingness from housing associations and local authorities to get involved. I think sometimes there are just challenges with being able to resolve some of the issues. The new power for the Victims’ Commissioner on the requirement to give a reasonable response as to why something has or has not been done will be really helpful, because it will provide more transparency and scrutiny of the problems we are trying to resolve. I do not think there is an unwillingness; I just think there are some challenges in the system that make it difficult.

[Mrs Blundell]

Q Sometimes in my experience there is an unwillingness, but I appreciate what you say. Clare, have you got any comments on that?

Clare Moody: Not specifically on the legislation piece. I think it is about the agencies working together. We have an example in Avon and Somerset where there are police officers who co-locate with the housing association —they have a desk space in the housing association—and that close working has resulted in closer co-operation on how to manage difficult situations with tenants. There are practical ways you can do things that do not necessarily require the legislation to change, because they are already in place.

[Bradley Thomas]

Q I just want to pick up the point on the Opposition amendment about the power to restrain and gag a disruptive offender. I am particularly mindful that we are talking about a sentencing hearing, at which point someone will have been found guilty and convicted. I think the general sentiment from victims and the public is that at that point the rights of the victim and their family come first, and that should be front and foremost in the projection of what goes on in the court, in order to see justice delivered. I am mindful that in other jurisdictions, including the US, there are powers to restrain and gag a disruptive offender. Do you have any further thoughts on that?

Genna Telfer: I am not sure I can add any more to what I have already said. I have said that if the victim wants the offender in court, I agree with the principle of it. In terms of gagging people and dragging them into court, which is effectively what we are talking about, it just becomes really challenging. I am not saying that you would not necessarily do it; I just think there is a whole load of stuff that needs to be worked through to consider it.