Rights of Victims and Families

Esther McVey Excerpts

Tuesday 12th October 2010 Westminster Hall

[Esther McVey (Wirral West) (Con)]

I start by welcoming everybody to what I hope will be a constructive and informative debate. As the title suggests, its main purpose is to discuss the rights of victims and their families in the judicial system. I want to look at that especially, although not exclusively, in the context of violent and serious crimes such as murder and manslaughter.

Let me begin by familiarising everyone with the current support for victims, before presenting some facts and case studies to highlight the problems in the judicial system. In a written answer, the Under-Secretary of State for Justice, my hon. Friend the Member for Huntingdon (Mr Djanogly), explained that, under the current system,

“The Government ensure practical and emotional support to victims through Victim Support and other voluntary sector providers. Through the Criminal Injuries Compensation Scheme, it also provides financial compensation to blameless victims of violent and sexual crime. Bereaved relatives of homicide victims are also able to access free legal advice using a specialised helpline established in 2009. Any victim or witness can access free legal advice through the Legal Services Commission's Community Legal Advice website and helpline.”

He continued, noting that the Ministry of Justice

“currently funds Victim Support on an annual basis and they received £38.2 million in the last financial year…This year Victim Support are testing a model of working that has seen the development of enhanced support services for the most vulnerable victims of crime and in particular families bereaved by homicide. Other specialist providers of services to victims are funded by the victims’ fund, comprised of money collected through the Victims’ Surcharge which is levied on all fines and ring-fenced for spending on services to victims. In 2010-11 £2.25 million has been made available to fund third-sector services for victims of sexual violence, £270,000 to fund third-sector services for families bereaved through homicide and £250,000 has been made available to third-sector services for hate crime.”—[Official Report, 21 July 2010; Vol. 514, c. 323W.]

The National Victims Service would support the details that I have just read out. It highlights the fact that support for victims has dramatically improved in recent years and that crime levels are at their lowest since the war. The British crime survey has reported that all crime rates are falling and have been in steady decline since 2002. It also tells us that there has been an overall reduction in violent crime, and the number of violent incidents has fallen by half since 1995. Those statistics are certainly encouraging, and I welcome the recent announcement by the Ministry of Justice that it intends to get prisoners to work, with some of their earnings being set aside for victims of crime.

There are, however, two sides to every story. Jean Taylor, whose name I have mentioned before in the House of Commons in reference to victims of crime, is a courageous lady. She established the Merseyside charity Families Fighting For Justice, which is now spreading across the country at a rapid pace and becoming a national charity because her words ring true and resonate with people countrywide. This is what she has said:

“What I learnt after the murders of my sister and my son and daughter was there is nothing out there for us victims and their families. But there is plenty out there regarding support and funding for the murderers and their families, while we are left in the dark to cope with the loss of our loved ones.”

Unfortunately, those feelings are echoed elsewhere. Discussing its 2009 report “Order in the Courts: Restoring trust through local justice”, the Centre for Social Justice states:

“The courts are supposed to pursue justice, and discipline and rehabilitate law-breakers. But there is a widespread loss of faith in the sentencing process. Citizens do not believe that the courts punish appropriately. Sentences often fail to reflect the crime and appear opaque…Criminal activity and punishment are too distantly linked in the minds of many criminals because of a cumbersome and bureaucratic trials and sentencing process.”

What the facts do not illustrate are the failings of the current judicial system. The criminal justice system needs better to take into account some of the impacts that current procedures have on victims and their families. Such procedures include lenient sentencing for a guilty plea, lesser sentences for manslaughter, life not meaning life and the right to appeal, when some appeals are malicious. We should also consider some of the very real situations that I am about to explain, which demonstrate why victims’ families find themselves in a lesser position than perpetrators.

Perhaps hon. Members can imagine for a moment being a member of a victim’s family. There is a knock on the door, usually in the middle to the night, to say that their child has been murdered. The family are left dealing with the shock and grieving the sudden and tragic death of a loved one. They then have to arrange the burial while attending court.

There are stark differences between the treatment of the perpetrators and the victims and their families. The victims I have met, and who I know all too well, have to travel to court by bus, whereas the murderers are driven to and from court and are protected. Once in court, the perpetrator’s family is given a room in the court away from the media and the victim’s family. However, the victim’s family is frequently left to sit in corridors.

[Gareth Johnson (Dartford) (Con)]

I congratulate my hon. Friend on securing the debate. I know that she feels particularly strongly about this issue, and she has raised some important issues. Far too often, particularly in youth courts, which are closed courts, victims and their families are wrongly excluded from attending the public gallery to watch the proceedings. There are also issues about access to the new virtual courts. I hope that we can ensure that access to courts is improved for those victims and families who wish to watch the proceedings, as in the cases that my hon. Friend outlined.

[Esther McVey]

My hon. Friend raises some pertinent points, and he is very experienced in this area, having spent 20 years working in the justice system.

To continue the list of differences, the perpetrator is provided with medical and professional psychiatric help, whereas victims and their families must go on a lengthy national health service waiting list just to see a counsellor. If a murderer dies in prison, his family will get up to £3,000 to bury the body, while victims get a tiny percentage of that and have to wait many months to be paid.

[Rehman Chishti (Gillingham and Rainham) (Con)]

I congratulate my hon. Friend on securing a debate on such an important and emotive topic. Judges currently have access to victim impact statements before passing sentences. Does that adequately reflect the impact on victims and their families in the judicial system?

[Esther McVey]

It goes some way, but many of the thousands of victims who have linked up across the country tell me that it does not go all the way. Again, more needs to be done.

All the differences that I have outlined are plain wrong. The inequality in the system is wrong and so, too, is the message that it sends to society and the local community where many of the victims and perpetrators live side by side in adjacent streets.

[Andrea Leadsom (South Northamptonshire) (Con)]

May I add to that on behalf of a constituent whose daughter was murdered? The family were forced to wait to bury their daughter while the defence team went through two post mortems over a very long period, with all the delays involved in finding legal aid. Surely it would be better in the case of murder to have two post mortems in the first place so that there could be no doubt about the cause of death.

[Esther McVey]

My hon. Friend raises a point that is made time and again: the pain and suffering caused to people when there must be a further autopsy on a body—once, twice or three times. In those instances it is felt that the perpetrators of the crime get a better deal, and the victims’ families are often left without adequate help and support. Such help and support are vital to enable them to come to terms with the horrific crimes, the loss of loved ones and the complicated, drawn-out and distressing process that follows.

The impact can be felt in many areas. It can be financial, as family members may need breaks from employment so that they can recover. Some need extensive medical treatment, and some have to repair damage to homes and property as well. For others the cost is emotional. Many victims suffer from anxiety, the threat of victimisation, and deteriorating mental health. For some the cost is physical. Many people in society, including me, question the leniency shown towards the perpetrators of crime, which is juxtaposed to the psychological and financial cost that the victims and families must deal with. Jean Taylor will tell you that Governments have failed to do their job of supporting victims of crime and their families.

[Mrs Anne Main (in the Chair)]

Order. May I gently remind the hon. Lady that when she says “you” she is referring to the occupant of the Chair.

[Esther McVey]

I apologise, Mrs Main.

It is often charities and voluntary organisations that provide help and support to victims—often with no funding.

So far I have discussed procedural inequalities that need to be addressed, but I want to move now to consider policy areas. As times change, so must laws, to reflect the society and times we live in. I fully appreciate the delicate balance of laws, and the process of cause and effect involved in every situation when changes are made to them, but I do not believe that fear of upsetting the balance is reason not to change them. To the contrary, I believe that our society, with the increase in gang culture and antisocial behaviour, needs law that reflects our times and the changes that have come about. I have three examples.

First, when the body of a murder victim is not discovered, despite a guilty plea, and the perpetrator never reveals its location, the family are deprived of a proper funeral, which leaves them unable to grieve properly; or they are left with the prospect of being confronted with the finding of the body in the future. I know that very few suspects have been convicted of murder in the absence of a body, but some have, and have never revealed where the body is. Would it be possible to charge someone with an extra offence of non-disclosure of the whereabouts of the body? Otherwise the coroner is deprived of the opportunity to do his job properly, and the family are deprived of the opportunity to mourn the loss of a loved one.

Secondly, a person who has been found guilty of a crime can be given the option to appeal against conviction or against the length of sentence, although the grounds for appeal may be arguable. I recognise that the appeal process is an important part of the judicial system, but I do not believe that victims’ rights in that situation are given enough consideration. Not only do they go through a distressing, lengthy process; they may go through a second. I wonder whether we could have a law of malicious appeal, to extend the sentence for people who have been found undeniably guilty and who raise an appeal that will fail, to focus the mind of anyone who brings such an appeal. Thus real appeals would go forward, but appeals that would not be deemed so would not.

Thirdly, there are cases when a gang has killed a person—and I want to refer to Andrew Jones, the young boy murdered by a group of teenagers, none of whom has ever been sentenced. I want law makers to think seriously about increasing the use of joint enterprise sentences, by which a group could be sentenced, rather than all walking free. The law exists, and could be extended. At the same time, there is a need for education in schools on joint enterprise, and a clear understanding that, should anyone participate in crime in a gang, with the intention to act as a gang, those involved would be sentenced as a gang and held responsible for their joint actions. I appreciate that we do not want miscarriages of justice, but the law needs to be modernised to accommodate the culture and climate in which we live.

[Andrew Percy (Brigg and Goole) (Con)]

I congratulate my hon. Friend on securing the debate. She talked briefly about the role of education. Does she agree that there is a broader issue about how young people interact with the criminal justice system? In my previous profession I saw many young people come into contact with the system at a young age, but they ended up on a kind of rollercoaster or in a revolving door, as nothing was ever done, so their behaviour got progressively worse.

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[Esther McVey]

I thank my hon. Friend and entirely believe that that is the case. There is a need for education about responsibilities and the consequences of actions. Something that is frequently highlighted is the fact that the kids of the street know their rights but do not take care of their responsibilities to themselves or their community. We need to tell them that brutal, marauding gangs will not go unpunished. A clear message needs to go out that silence and non-co-operation, so that an ultimate perpetrator cannot be found, will not preclude a conviction.

So why are we here today? I acknowledge the current support systems, but the Government can and should do more to help the victims of crime, and their families. The effect of a loved one dying can be devastating for a family. It can be worse if the person’s life is taken suddenly, by a member of the public, who might be known to the family and live close by. It can be made much worse when the convicted prisoner is released from prison early, or when they can appeal against the court’s decision, or plead guilty for a lenient sentence. Not only do victims’ families go through an ordeal in coming to terms with their bereavement; they are often let down by the judicial system, which adds further to their pain and suffering. A life has still been taken, and a sentence should reflect that, guilty plea or no guilty plea.

The British crime survey reports that provisional data show that police recorded 615 incidents of homicide in 2009-10, and 588 attempted murders, which is a 2% increase on the previous year’s figures. According to the figures I read out earlier, provided by the Under-Secretary of State for Justice, my hon. Friend the Member for Huntingdon, the amount allocated to fund third sector services for families bereaved by homicide is £270,000. If that sum is divided by the number of homicides for 2009-10 it gives £439.02 for each family. If that is divided between an average family of four, it means each member would get just £109 for the loss of a loved one. That is without the extended family. That seems a very small sum of money, especially as many family members need time to come to terms with the loss. It is no wonder that the British crime survey found that only 59.4% of people thought that the criminal justice system was, as a whole, fair. Even more worrying is the fact that only 40.7% believed that the criminal justice system as a whole was effective.

The perpetrators of crime should not be allowed to get away with those procedural differences and to capitalise on policy differences. We need a law that reflects the society we live in today.

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[Esther McVey]

I know that we are in the closing minutes of this debate, but may I ask that the procedural and policy changes mentioned today are considered in your review of the justice system?

[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.