Policing and Crime Bill

Debate between James Berry and Natascha Engel

Ping Pong: House of Commons
Tuesday 10th January 2017 Commons Chamber

[James Berry (Kingston and Surbiton) (Con)]

I support Government amendment (a) in lieu of Lords amendment 134. Having heard the hard-hitting accounts of my hon. Friends the Members for Cheltenham (Alex Chalk) and for Gloucester (Richard Graham) in their report on stalking, no one can be left in any doubt that the Government amendment should be carried.

Turning to Lords amendment 137, having represented the police and the prosecutorial authorities as a barrister, and having represented victims both as a barrister and as a Member of Parliament, I hope I can see the situation from both angles. I am entirely supportive of the victims code. Victims have generally been empowered since the code came into force as a result of steps taken by the previous Labour Government, and the beefing up carried out by the coalition Government and the Government of today.

My concern about Lords amendment 137 is that it would make the police and prosecutorial authorities responsible, and in some cases financially liable, for breaches of the victims code, even if they are not directly responsible. Under new subsection (3)(a), for instance, the police or the CPS could become responsible to a victim for delays caused not by them but by a third party, such as the defendant. Under new subsection (3)(b), the CPS could be held responsible if a defendant, or indeed another party over whom it has no control, treats a victim with a lack of “dignity and respect”. That often happens in the courtroom when a defendant gives evidence, or even through how a defendant instructs their lawyer to present their case, but that is a matter for the judge, not the prosecutor, to control.

New subsection (10) is even more concerning because it would require the Home Secretary to

“take steps to ensure that victims of crime…have access to financial compensation from public funds for any detriment arising from the criminal case concerned”.

That is not necessarily a detriment caused by the prosecuting authority, and there is no requirement of bad faith, recklessness or negligence on behalf of that authority. That is a big step both in principle and in practice. It is a big step in principle because it appears to impose a liability on one body for the actions of a third party over whom it may have no control, and it is a big step in practice because it exposes the police and prosecuting authorities to a significant financial burden at a time when we regularly have debates in this House on the need for greater funding for the police and the CPS. Paragraph 128 of the explanatory notes on the amendments explains that “potentially significant” financial burdens are attached.

Although I am an enthusiastic supporter of the victims code and the need to give victims the very best support, imposing a broadly defined liability—indeed, a financial liability—on the police and the CPS is not the right way to proceed without more thought about furthering the aims of the code. More thought is needed, and I am pleased that the Government will be introducing their own proposals to give effect to our manifesto commitment for a victims’ bill of rights. I am sure that that work will take account of the excellent work of the hon. and learned Member for Holborn and St Pancras (Keir Starmer) and his commission. I pay tribute to his work and to all the people involved, including a number of my constituents.

Question put, That this House disagrees with Lords amendment 24.

The House proceeded to a Division.

[Madam Deputy Speaker (Natascha Engel)]

I must remind the House that the motion relates exclusively to England and Wales. A double majority is therefore required.