Victims of Crime: Rights

Kevin Foster Excerpts

Tuesday 13th March 2018 Westminster Hall

[Kevin Foster (Torbay) (Con)]

Thank you for calling me so early, Mrs Main. It is a pleasure to serve under your chairmanship.

I congratulate the hon. Member for Leeds North West (Alex Sobel) on securing this debate on such a major issue. I will explore how victims are heard and the penalties for offenders, and how they relate to the changing nature of crime and to people actually realising that they are victims, which is a particular issue for some of my constituents.

I have always been a fan of more restorative justice. St Martin’s church in Barton in my constituency was attacked by vandals who were just over the age of criminal responsibility. A restorative path was chosen, as it was felt that the two individuals coming to the church, meeting the vicar and hearing from the churchwarden about the effect of what they had done would have a far greater impact on them than a police officer bluntly giving them a caution, or their potentially going before a youth court. The church continues to engage with the two young men and their families, trying to make them see clearly that the church is part of the community and the impact on those who were damaged.

On a wider scale, the offender management team in Torbay tries to use more restorative justice, particularly for lower-level offending that would not attract significant terms of imprisonment. Genuine restorative justice can be more effective than a blunt fine, which might disappear into a court or be added to a list of other fines being paid off via earnings or welfare benefits attachments; it can be something that might stick in someone’s memory.

It has been interesting talking to the local police in Torbay about an emerging trend, whereby people—mostly older men—with assets are targeted by ruthless individuals who look to exploit them by forming a relationship with them, even a sexual one, with the purpose of getting at their bank balance and draining their assets. When it is happening, many of these people do not realise they are victims; some might not even see it after the person unsurprisingly disappears, when the money starts to run out or when other members of the family start to get involved. How do we get people to understand the nature of being a victim today? Some people do not see it, and some fail to understand what their assets are worth—some who are starting to suffer dementia will not realise that the price of something 30 or 40 years ago is not its value today.

[Sarah Champion]

Does the hon. Gentleman agree that when the person involved has learning difficulties or mental health issues the crime needs to be designated as a hate crime and afforded the additional sentence for the perpetrator?

[Kevin Foster]

The courts should certainly consider it an aggravating factor if someone is vulnerable. However, it is a difficult line to draw for people who have not yet been diagnosed or been deemed to have lack of capacity—those who are still able to manage themselves and their finances in day-to-day life. They might have started to lose track of exactly what they are worth, or they might not have been as wealthy in their younger days but have now had a retirement golden handshake or have bought a house or another asset that is worth far more than they realise. I agree that the courts should certainly consider that as an aggravating factor, because this is almost the ultimate breach of trust: someone professing love and affection, targeting the fact that someone is vulnerable and lonely.

For me, this is also about victims coming forward. I am pleased to see some of the efforts being made regarding domestic abuse, including the Bill that is to be introduced. I will not give their name, because it is not appropriate, but someone I am very close to was a victim of domestic abuse for more than 30 years. For most of that period, they did not realise that they were a victim; they thought that that was what most marriages were like—husbands beat their wives. It was only when others started to guess what was going on that they realised that they were a victim of very serious offences. The offender has now passed away.

I am conscious that other colleagues would like to speak, so I will conclude by saying that I welcome this debate. It is important that victims are at the heart of the criminal justice system and are the ones who matter; they are not just a statement of evidence or part of a case. Justice has to be seen to be done, not just according to the law but according to the victims as well.