Victims and Courts Bill (Second sitting) Debate

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Department: Ministry of Justice
Tristan Osborne Portrait Tristan Osborne (Chatham and Aylesford) (Lab)
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Q I have a few questions. First, on unduly lenient sentencing, is there currently an issue primarily with education of this scheme? Is there a broad awareness among victims that the scheme currently exists? Or does more time needed to be added on? If it is an education issue, that is fundamentally different from saying, “Add on a few more weeks and it might solve the problem.” Fundamentally, is this an education issue?

The second question is about the Victims’ Commissioner. That is obviously a welcome step. Is there any other element where you think the Victims’ Commissioner should get more responsibilities? They have to report annually and will have to take into account. Should they have broader powers, maybe to look at family courts and give a viewpoint? You mentioned that earlier. Do you think the Bill goes far enough?

My third question is about sentencing hearings. There are obviously going to be differences between where someone who is sentenced for affray or a violent offence and where it is a sexual offence. Are there nuances with the victims? Do some victims not want to see the offender in the courtroom? Should that be a mitigating circumstance in all cases for them not to appear? For instance, you mentioned a case example of harassment. In that case, should we give more focus to the courts to say, “You should not actually be attending this court hearing”? That would be almost a reversal of this policy, so that we are putting the victim before the requirement, if that makes sense.

Andrea Simon: With the unduly lenient sentencing scheme, it is both things. It is certainly a communications issue. We do know of victims and survivors who realise only at the last minute that they are eligible, so they have run out of time, and it has been a desperate dash to get an application in. We should end that because it is not serving anybody. There is the point about extending it, but it is not an either/or; it is also about the communications, the length of time, and letting people know that this exists.

I was part of a sentencing review panel, and a lot of evidence came through about the complete confusion that victims find themselves in when it comes to trying to get information. There is not one source; there are many different places where information can be fed through. You are often trying to fight to find somebody who will be able to help you. It is very inconsistent and patchy currently. There is a lot of strength to the sentencing review’s call to review all the communication channels and look at how we can best streamline them and how they are most effective for victims and survivors.

There is also a wider public education piece about what is going on with sentencing. I would not say that most members of the public are that well informed, because where would they get that information? It is only once you are in the system that you start to realise how complicated it can be to get the information that you need. We have to marry that with being able to tailor the needs of individual victims. There is no homogeneous victim group. Different victims will want to know information, but the offer should be there, and we should empower victims as much as we possibly can within the process.

Very quickly, I definitely support the extension and expansion of Victims’ Commissioner’s powers. I would potentially question how the Victims’ Commissioner will be able to work on systemic issues with the current level of resourcing that is committed. There is not necessarily a proportionate increase in the resourcing for the commissioner to be able to take on individual cases and look at systemic issues as well. We need to be clear about managing expectations, and potentially about what the expansion of the Victims’ Commissioner’s role can deliver.

Suky Bhaker: I very much agree with Andrea on the sentencing. As mentioned, there is an education piece there. Victims are not aware, or are made aware far too late in comparison with offenders’ rights. There is merit to increasing the timeframe as well.

We welcome the expansion of the Victims’ Commissioner’s powers, particularly in relation to the victims code. Less than a third of victims are aware of their rights under the victims code. That is corroborated by service users at the Suzy Lamplugh Trust. It is pivotal for that information —that education piece—to be there and for it to be monitored for greater accountability and transparency.

I think the provisions can go further. We have spoken a lot about family courts, which is absolutely right. We need to consider that part of the Bill, and, I would argue, civil courts. We see stalkers using civil courts as a legitimate means to continue stalking their victims through vexatious claims. Often, they have no recourse to justice when a criminal investigation is ongoing at the same time. We think that needs to be better explored in the Bill.

Farah Nazeer: On lenient sentencing, there is no silver bullet. It is probably threefold. First, it is awareness and education, as you rightly say. Secondly, it is time. Thirdly, it is support: support to understand what the process looks like, to go through it and to hold your nerve. It is all that emotional support that sits around it. There is a threefold set of interventions that needs to happen.

I would absolutely welcome the expansion of the Victims’ Commissioner’s role to look at family courts and what happens within that setting, but that will be possible only if the office is resourced to meet the requirements and the ambitions set out in the Bill. That comes back to the resourcing question.

On perpetrators being in court for sentencing, if you start off with a victim-centred approach, that is a good way to be led—what does the victim feel? There will invariably be crime types, such as the crime types that we work with involving women who have experienced male violence of some description—VAWG—where there should be some form of directive that alerts courts to the fact that they really do need to check in. They need to ask the questions. We know that, even where there is guidance, practice directions and training, it does not always manifest in the everyday practice of courts. I think a really important part is thinking about what monitoring there might be, as well as the robust mechanisms that you might be able to put in place to ensure that this actually happens and meets the ambitions, so that there is ultimately some form of accountability framework.

Jack Rankin Portrait Jack Rankin (Windsor) (Con)
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Q Just to pick up on this point, as well as tabling the extension to 56 days, the Opposition have also taken up the point that the witnesses mentioned about awareness. With amendment 12, we are trying to create an obligation for the Crown Prosecution Service to write to victims within 10 working days. Will that assuage your concerns that the main concern is awareness, rather than the timeframe?

None Portrait The Chair
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Very briefly, if you would, as we are running out of time.

Farah Nazeer: I think it will help. We work with loads of women who are in that setting, and when you are in that setting, you need more than one way to contact someone. It could be an email, a phone call or straight afterwards—there are lots of interventions. Again, these kinds of issues do not afford themselves a silver bullet, so having multiple interventions to ensure that the survivor knows is really important.

--- Later in debate ---
Elsie Blundell Portrait Mrs Elsie Blundell (Heywood and Middleton North) (Lab)
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Q Thank you for giving evidence today. It is important that we do not forget the plight of men and boys who are affected by violent or sexual crime. We need to make sure there are clear pathways for those men to secure justice and support. You have made it clear that you welcome the helpline. How do you think we can make sure that the helpline and the victim contact scheme reach all eligible victims, including men from marginalised, disadvantaged and working-class backgrounds? How do you think we could do that?

Mark Brooks: I work in wider policy around men’s health and I have been helping the Government on the men’s health strategy call for evidence, which is out now. In terms of language, I often see literature in which men are not visually present, so it is important that men in all their shapes, sizes and guises are visible. Also, there needs to be more outreach, often targeting where men go, not where you think they should go. Leaving things in libraries and GP surgeries, for example, will not reach men. We need far better promotion online and through community groups, barbers and sports clubs—Facebook is also really important for men—basically reaching out to where men go.

There is a huge growth in community-based support charities for men, which have grown exponentially in the last five years—things like Men’s Sheds, Andy’s Man Club, Talk Club and so forth. Some of them are in the room next door, giving a presentation about the men’s health strategy, so use those. The justice system and the people within it can be smarter in reaching out to non-statutory organisations.

Jack Rankin Portrait Jack Rankin
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Q As the official Opposition, we have tabled an amendment to increase the force with which the justice system can compel the convicted to come to their sentencing hearings. We are particularly keen to make sure there is a duty to consult the victim or their family, where the victim is deceased. Is that something you would support?

Mark Brooks: Yes, in principle. I come back to my point about the importance of making sure victims feel that justice is being done, as well as seeing it being done.

Bradley Thomas Portrait Bradley Thomas (Bromsgrove) (Con)
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Q Do you have a view on whether parental responsibility restrictions should be extended beyond those convicted of sexual offences to include those convicted of violent offences?

Mark Brooks: The issue is where you would draw the line. It depends on the violent offences, and against whom they are committed. I mentioned the wider work I have been doing on men’s health and the criminal justice system. You do not want a situation where men who have gone to prison and are going through a rehabilitation process for violent crimes, but not against their children, are not able to rebuild their relationship with their children. We have found that a lot of men in prison want to be present dads, even when they are in prison, which means they want to re-engage with their children when they come out of prison.