Victims of Crime: Rights

Gavin Newlands Excerpts

Tuesday 13th March 2018 Westminster Hall

[Gavin Newlands (Paisley and Renfrewshire North) (SNP)]

It is a pleasure to see you in the Chair, Mrs Main. I congratulate the hon. Member for Leeds North West (Alex Sobel) on securing the debate today and on setting out so well many of the issues within the justice system. It has been an excellent debate, with a huge degree of consensus across the Chamber about the need to improve victims’ rights on a number of fronts, for a number of reasons. I wholeheartedly agree with the concern that many colleagues have raised about the victim contact scheme. That problem needs to be addressed as a priority.

I want to mention the speech by the hon. Member for Torbay (Kevin Foster), who highlighted the case of a friend who was the victim of domestic abuse for many years without realising it. Sadly, that situation is repeated often, the length and breadth of the country, and I look forward to the Government’s bringing forward a domestic abuse Bill shortly. That will be discussed at the meeting of the all-party parliamentary group on the white ribbon campaign at 4.45, later this afternoon.

No one ever imagines that they will be a victim of crime, and if, sadly, it happens, many will be unsure of the process involved, beyond phoning the police, and unsure of what their rights are as a victim. It will obviously be a traumatic experience, and not only is it important that we have an effective set of rights for victims of crime, but it is vital that those rights be clearly and sensitively communicated in the aftermath of crime. As the right hon. Member for East Yorkshire (Sir Greg Knight), who is no longer in his place, said, too often victims are punished twice.

A recent Supreme Court ruling highlighted the way in which the system might fail victims. It stated that a police force breached the human rights of victims by failing to investigate complaints properly. That ruling has serious implications for the rights of victims. If police fail to investigate a serious violent crime effectively in the future, they could be sued under the Human Rights Act 1998.

High-profile recent cases have raised immediate concerns about victims’ rights. However, there has been concern for some time that victims may not be receiving the full breadth of support to which they should be entitled. As we have heard, in England and Wales the Victims’ Commissioner has highlighted problems with the complaints system, and inconsistency about allowing victims the right to make a victim personal statement. As the hon. Member for Leeds North West mentioned, Victim Support has also called for a new, clearly enforceable victims’ law, setting out eight proposals to strengthen the rights of victims. They include creating a single complaints system for victims, introducing a more powerful Victims’ Commissioner, providing greater protection and support to children who experience crime, and improving communication with victims about the outcomes of their case. I hope that, as the hon. Member for Leeds North West asked, the Minister will provide an update on the Government’s thinking on a victims’ law.

The rights of victims are currently set out in the code of practice for victims of crime and there is an explanation of what they should expect from the various bodies within the criminal justice system. Despite the fact that that charter is on the statute book, it seems that not all victims are being afforded those key entitlements. Failure to comply with the code of practice does not in itself make a person liable to criminal or civil proceedings. The Scottish Government take the protection and support of victims of crime seriously. The Scottish National party has long recognised the need to provide the right information and, crucially, the right support to those affected by crime. That plays a key part in a modern justice system that is fair, accessible, and efficient for everyone.

The Victims and Witnesses (Scotland) Act 2014 introduced various measures to protect and enhance the rights of victims, and it focused on providing direct assistance and information to those who experience a crime. It included new rights for victims to access information about their case, and the publication of standards of services by justice organisations. The victims code for Scotland sets out the rights and entitlements that someone can expect. Those rights are statutory, and the code sets out the minimum standard of service that someone should expect, and explains how they will be treated by criminal justice organisations. The Scottish Government recently published “Guidance for the Delivery of Restorative Justice in Scotland”, which outlines the process that allows victims the opportunity to communicate the impact of crime on their lives, in the hope that they will regain some control.

We are debating the rights of victims but—with apologies, Mrs Main—there is one issue we have not mentioned: Brexit. Currently, the UK Government have signed up to the 2012 EU directive that deals with rights, support for and protection of victims of crime. The directive aims to ensure that a consistent level of legal and emotional support is offered to victims, helping them to be fully involved in criminal justice proceedings. Thus far, the Government have failed to provide assurances that those common standards of legal and practical support will continue post-Brexit, but the UK can act unilaterally and ensure that those rights continue. We do not want a diminution of standards in the protection offered to victims in England, Wales, or anywhere else in the UK. Will the Minister confirm whether the UK will continue to participate in the 2012 directive, or make arrangements to ensure that those rights continue?

Victims’ rights should be placed at the heart of any justice system that works for all, but we must do more to support them. The Government have a duty to ensure that victims are provided with the maximum level of support and help during that traumatic period. The various legal jurisdictions in the UK can be rightly proud of their judicial history—indeed, much of the legal world looks up to our systems. However, there are warning signs in England and Wales. A modern justice system relies on being fair and accessible to all, and that includes supporting victims, so that they can play their full part in the pursuit of justice. The UK Government must step up to the mark to ensure that they get it.