Victims and Prisoners Bill (Fourth sitting)

Debate between Janet Daby and Rob Butler

Committee stage
Thursday 22nd June 2023 Public Bill Committees

[Janet Daby]

Q How do you think those delays could be avoided? Would you see the independent public advocate sitting under the Secretary of State or in a different body completely?

Sophie Cartwright: If there is a commitment that there needs to be an IPA, and if there is to be such a person or individual, then in my view it should be a function that is in place and appointed, with someone already in post, whether or not it is full time. It is envisaged that part of the role of the IPA, if they are individually appointed, is that they have a report-writing function and capture the views of victims. That necessarily allows the work of an IPA to be taken more slowly, in order to capture the victims’ experience and to learn lessons from major incidents that can bring about lasting and meaningful change.

I know that as part of this process you are speaking to a number of victims of major incidents. I think every victim and family experience will capture learning or things that could be done to make the process better for them. There is a lot that victims of major incidents have said about the intrusion of the press, and about not knowing where they need to go. If the IPA’s role is full time, that can allow them, when they are not dealing with the quick-time, immediate aftermath of these devastating major incidents, to be putting in place the system for capturing the victim experience, to feed into report-writing, and to ensure that there are recommendations and that lasting change occurs in respect of how to make the victim experience better and the structure and systems that are in place.

[Rob Butler]

Q Thank you for talking to us this afternoon. You said that there are almost different ways that the function of the IPA could be conducted and you have highlighted that it is not a legal role.

Sophie Cartwright: Yes.

Victims and Prisoners Bill (Second sitting)

Debate between Janet Daby and Rob Butler

Committee stage
Tuesday 20th June 2023 Public Bill Committees

[Rob Butler]

Thank you very much.

[Janet Daby]

Q You said that victims find it useful to meet with prosecutors. I accept that and understand why, but do you support measures to offer free legal advice to rape victims?

Jan Lamping: It is important that where victims feel that they need to have legal representation, they are able to obtain it. We would certainly engage on any proposals in that respect. We understand that issues relating to disclosure of personal information in particular cause anxiety for victims, and while we apply the law as it stands, we would engage on any proposals regarding independent legal advice.

Victims and Prisoners Bill (First sitting)

Debate between Janet Daby and Rob Butler

Committee stage
Tuesday 20th June 2023 Public Bill Committees

[Rob Butler]

Dr Siddiqui?

Dr Siddiqui: I think you need an advocate to help you navigate the system. The information provided by the criminal justice system or by the courts generally is usually very little and victims do not really know what to expect. The fact that we are there as advocates and as a specialist service means we are able to give them the confidence to move forward. That is critical throughout the pre-trial, during trial and after trial. Nobody really cares about the aftermath except us. We are the ones who have to give them the ongoing support after the trial, so it is essential that the two work together.

[Janet Daby (Lewisham East) (Lab)]

Q I have a question for both of you. First, are there any additional rights that should be included in the victims code? Secondly, Jayne Butler, you mentioned the preventive side of things to prevent somebody becoming a rape victim, and work needs to be done there. You also mentioned the gaps; it would be interesting to hear about that. Finally, are there any obstacles or challenges in terms of therapy for rape victims? Anything that you could say about that would be really helpful.

Dr Siddiqui: As I have said before, the victims code needs to be very clear about protected characteristics, particularly for migrant victims who lack the trust and confidence in the system to use it and to come forward. You need a wider definition of what a victim is. It needs to include witnesses. Also, a lot of our cases are transnational. When you are talking about what a victim is, you have to include families, friends and victims who have been dealing with international cases, which at the moment are not really being addressed. A lot of forced marriage cases and honour killings, for example, may take place overseas, but the families do not get any support in this country from the police and other agencies when they try to bring justice, even though the perpetrators may live in this country.

There is another thing that we need to include in the victims code when trying to define what a victim is. We know that a lot of women are falsely accused of perpetrating domestic abuse by their abuser, or defend themselves against abuse and may be treated as offenders as opposed to victims. It is really important that victims who defend themselves or who are falsely accused are seen as victims by the system. Groups such as the Centre for Women’s Justice are even asking for a statutory defence when women are driven to kill a violent partner out of self-defence. There is a need to look at our defences, and how we should treat those people as victims, not perpetrators.

Jayne Butler: To double what Dr Siddiqui just said, in terms of prevention work, we clearly do not want people to keep becoming victims. A whole host of work has been done on that. I refer back to the recent report of the independent inquiry into child sexual abuse on the ongoing scale of such abuse. We also see huge numbers of adult rapes, with vast numbers of people affected, so it is obvious that we ought to be doing some prevention work. We had the Enough campaign through the Home Office, but we do not have a wholescale approach. Possibly some kind of public health approach is needed, because this is such a big issue, which continues to affect so many people.

In terms of gaps and counselling, the ISVA role gets a lot of focus. That is really important because support for victims of sexual violence who are going through the court process is invaluable, but people also need access to therapy. Often those services are not funded. Most of our waiting lists are for counselling as opposed to ISVA support, because the funding has been put into the ISVA side of things, without the need. Charlie Webster wrote an open letter recently, which I think was mentioned on Second Reading, about her and Katie’s experiences. They just did not get that kind of support.

--- Later in debate ---

[Rob Butler]

Okay. I am going to interrupt you, if you do not mind, because I know that so many colleagues want to pick up. But thank you very much.

[Janet Daby]

Q You said that experience with the police can make children feel like they are criminals. What needs to be changed or amended in the Bill, or added to it, to address that?

Dame Rachel de Souza: First off, and it is the point I made before, it is about recognising in the definition of victims children who have been criminally exploited; that comes up time and again. If I had more time, I could give you pages of quotes from children who, because of their experiences—whether it was being strip-searched or something else—have spent years feeling that they were in the wrong when they were actually the victims. That definition would be protective in itself, to start.

However, we also need to recognise that children get very worried if they have not come forward to the police to say they have been victims. We need to make sure that they are recognised in the victims code as well. I think that would help and I have some definitional changes and some word changes that I can write to the Committee about, which I think could help there. Often, it is about just two or three words, but it could make that work.