Victims Strategy

Lindsay Hoyle Excerpts

Thursday 11th October 2018 Commons Chamber

[The Solicitor General]

I am grateful to the hon. Lady, and I would be very interested in that. Section 41 is widely framed; it involves not only adult complainants, and it embraces all types of sexual offence, not just rape, important though that is. I would be very interested to hear more about that evidence. She and I have worked together on many Bill Committees as Back Benchers, and I look forward to hearing more information from her.

Spousal rights were raised, as were the terrible circumstances in which someone might have murdered or tried unlawfully to kill their spouse. I understand that the hon. Member for Ashfield raised this point in Justice questions this week, and that the Under-Secretary of State for Justice, my hon. and learned Friend the Member for South East Cambridgeshire (Lucy Frazer), has undertaken to meet her to discuss it. I reiterate my hon. and learned Friend’s words, because the hon. Lady has raised this matter quite properly in the context of this debate. She also raised the issue of sentence changes to the maximum term for perpetrators of the offence of causing death by dangerous driving. We have committed to doing that as soon as parliamentary time allows. I can tell her that I am anxiously looking at a number of unduly lenient cases involving that type of offence and that I get frustrated by the 14-year maximum. I know that it causes judges real sentencing issues when it comes to reflecting the full gravity of the offence, particularly when more than one death has occurred as a result of appalling driving. That point is well made, and we hear it loud and clear.

The debate moved on in a helpful and important way when we heard the input from constituency Members. They referred to their own experiences in their constituencies, and echoed some of the analysis that we can see in the strategy. My hon. Friend the Member for Dudley South (Mike Wood) made those points very well in his speech. He reminded us of how far we have come in terms of changing the law to respond to the needs of modern crime—in particular, stalking and harassment. The hon. Member for Rotherham and I have worked on those issues in the past. I had the honour as a Minister of bringing into law the offence of coercive control, having campaigned for it as a Back Bencher. In the past year, we saw about 4,000 such cases, which equates to 4,000 victims of criminality who would not have had a voice two or three years ago. I constantly ask my local senior police officers about their experience of rolling out and using that new offence, and I am glad to say that there is an increasing understanding of its complexities.

Clare’s law was also mentioned. It is among the many key changes that the Government have introduced to safeguard and protect those who have either been the victims of crime or are at risk. I was particularly proud of our decision to place domestic homicide reviews on a statutory footing, bringing into force legislation that had been passed under the previous Government.

I have omitted to mention pre-trial counselling, to which the hon. Member for Rotherham and others have referred. There is a legitimate question about ensuring that the evidence of victims and witnesses is preserved and protected in a way that minimises the risk of its being undermined in cross-examination, but plenty of professionals out there have the training and understanding to know that. Where we have suitably qualified psychiatrists or other mental health professionals, there should in my view be no bar to the sort of general counselling help that would be of real value to people who are experiencing some form of trauma as a result of what has happened to them. With those safeguards, I am sure that more can be done to support victims, who often have to wait too long between the offence and the trial or the sentencing process.

The hon. Member for Paisley and Renfrewshire North (Gavin Newlands) drew our attention at length to the Scottish experience, as he is wont to do, and I make no criticism of him for that. He knows from previous answers that I have given to him and his colleagues that I am always alive to and interested in the Scottish experience. Indeed, history teaches us that many of the innovations brought in via the Scottish criminal justice system have been adapted here in England and Wales, and I see no reason for that to stop. That is why his contribution was particularly valuable today.

My hon. Friend the Member for Sutton and Cheam (Paul Scully) spoke with some force about his local experiences and the work being done by people such as the Donovans, who are an inspiration to many. His speech saw the welcome introduction of the theme of restorative justice, another issue in which I have taken a long and deep interest. Restorative justice must be victim led, and there are various scenarios where it works most powerfully.

Having spoken to victims who have availed themselves of face-to-face meetings with perpetrators, often in a prison setting, I know that the sense not just of closure, but of regaining control that victims can get is a powerful factor. I was glad that the coalition Government placed restorative justice on a firmer statutory footing in previous legislation, because we see it at all levels, particularly in youth offending, where it can be extremely powerful to bring a young offender face to face with their victim. As long as restorative justice is led by the victim—it is not a substitute for more appropriate action where necessary—then it is a valuable tool.

The hon. Member for Rotherham made an important speech that dealt in particular with the Criminal Injuries Compensation Authority. She knows that the Government have committed to a review of the scheme; we have already committed to an important change to the “under the same roof” rule, which will be brought into force as soon as is practicable. She made other points about the position that people, particularly young people, will often be put into when it comes to consent.

The hon. Lady and I worked on the Serious Crime Act 2015 when it was in Committee, where we removed any suggestion that children were somehow impliedly consenting to sexual conduct when they were under the age of 16. If she remembers, we removed phrases such as “child prostitute” from the law. We tried in a constructive way to reset the clock when it comes to the protection of children, and let me be absolutely clear that victims who have been groomed should never be treated as if they consented. Let that message go out loud and clear to whoever needs to hear it. I am glad to say that the CICA has revised its staff guidance. That was done with engagement with the third sector, so I am interested to know of any instances where that concept of implied consent is somehow being reintroduced into the process when Parliament made it clear that it has no place in criminal law.

The hon. Lady also made other important points about unspent criminal convictions. Again, that issue must never be the subject of generalisation, and CICA claims officers should take into account the reasons for criminal behaviour when considering unspent convictions that do not result in a custodial sentence or community order. In other words, look at the person, not just the lines on a page. While it would be wrong of me to seek to intervene in individual cases—the CICA is independent—this is a useful opportunity for us to make such important points.

I get the point about time limits, and I have seen for myself the delay that understandably means that many victims of sexual offences will not come forward at the first opportunity. We are now light years away from the time when witnesses were asked such questions in court. People understand how difficult it is to come forward. We know that many victims often blame themselves for what happened, quite unfairly, and that this is about people doing things in their own time. Again, there is discretion when it comes to applications, but I have heard the point loud and clear today, and I am sure that that will help to inform the review.

My hon. Friend the Member for Walsall North (Eddie Hughes) rightly talked about the impact of domestic violence on children, who often witness it or even hear it in the home. We must not forget the effect of the sheer force of noise on young people. I am glad to note that courts up and down the country will treat that as a significant aggravating factor when it comes to sentencing perpetrators of domestic abuse. The scars might not be physical, but they remain for a long time, if not forever, in many cases.

The hon. Member for Lewisham, Deptford (Vicky Foxcroft) made some important points about cases of which she has had experience and, again, made the point that the need to improve practice now was imperative. Understandably, the debate has expanded somewhat from just the criminal justice process, but it is right to say that any victims legislation will apply to the victims of crime. That criminality can extend to major disasters, whether it is Grenfell or Hillsborough, and I am not going to prejudge the outcome of any proceedings, as they might well arguably be crimes themselves, although we will have to wait to see the outcome of any procedures. I take her point about the need for urgency, which is why the strategy does more than fill the gap. It brings together years of work and, importantly, looks to the future in a way that we can get to grips with now.

The hon. Member for Slough (Mr Dhesi) rightly reminded us of an aspect of the debate that we have not touched on today, which is to do with what I call hate crime. He quite properly reminded us of the appalling incident outside Parliament. He knows that I and others have supported the respect the turban campaign, and I have supported it in this place and in my local gurdwara in Swindon as well. He is right that we need to take these things seriously lest they take hold in a way that will reflect poorly on our society. Again, he mentioned stalking, harassment and sexual offences in that context. He was absolutely right to do that. He also mentioned the victim’s right of review and I can assure him that it already exists so when the CPS has a decision with which a particular complainant is not happy, they can ask for that to be reviewed. That is happening now, and in a number of important cases it is already there. Can I reassure him that although he then got on his soapbox a bit—and I am sure that he will forgive me for saying that—a lot of the recommendations made by the right hon. and learned Member for Holborn and St Pancras (Keir Starmer) and others are things that we have already done or that we are doing via the strategy? As DPP, the right hon. and learned Gentleman took through massive changes to the CPS that I believe resulted in a more efficient service that still delivers a very high degree of justice for thousands of people year in, year out.

The hon. Member for Oldham East and Saddleworth (Debbie Abrahams) brought her knowledge and experience to the debate. In particular, she talked about the victim personal statement, and in a moving way. I know that she did not intend to be moved in that way, but it moved us. More importantly, it informed us. The victim personal statement is a vital opportunity not just for the victim to have their voice but for the court to be able fully to understand the impact on them. That is why I am particularly enthused by the proposals to use bodyworn videos to capture not just what is said but the way in which it is said and the sense that the victim statement should be a living document.

At the moment, there are sometimes one, two or three versions of the VPS designed to update the court. Asking the victim to make a statement again and again is not necessarily the best way to support them, so the concept of a living VPS would really help. Again, I am pleased with the work done by the CPS to co-ordinate and synthesise the increased use of VPSs across the service—it has to increase. In particular, the Under-Secretary of State for Justice, my hon. Friend the Member for Charnwood, has dealt with his commitment and our commitment to review the Parole Board process, and the hon. Lady’s comments have considerably informed that debate. We are recruiting intermediaries, and Members have seen our commitment to that. We need to make sure that when we use intermediaries, they are genuinely for the purpose of assisting the victim to give their evidence. I have used them myself in cases and achieved results that I would not have dreamt of without them, so I understand and get it. A major recruitment process is ongoing.

The hon. Member for Strangford (Jim Shannon) brought the experience of Northern Ireland as a welcome intervention into this debate. He talked about the wooden spoon, which, in rugby parlance, Ireland have won more than Wales. I do not think I had better dwell any further on his experience of corporal punishment. [Interruption.] The hon. Member for Paisley and Renfrewshire North mentioned Scotland, who are the doyenne of the wooden spoon, although they are getting better. I am talking about rugby union, Mr Deputy Speaker, which I know is a discipline you do not care for that much.

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

I only know the real game of rugby.

[The Solicitor General]

That is an entirely different debate. As you know, Mr Deputy Speaker, we have discussed it at length and heatedly in the past.

I am grateful to the hon. Member for Strangford for having carefully read the strategy and for helping to outline some of the important detail it contains. It is not just about warm words; it contains a lot of substance and, in particular, it outlines the use of best practice by a number of PCCs and other local services that we want to roll out further. The document is well written, accessible and can be read by a member of the public; it is written in “human being”, to coin my own phrase. That is why it is particularly valuable and important at this time.

The hon. Gentleman mentioned the new Minister for suicide prevention. I know she will want to work with both me and colleagues in the Ministry of Justice to make sure that we understand the position of victims. There have been some cases where, as a result of their experiences, we have lost them. A very important point was made.

The right hon. Member for Carshalton and Wallington (Tom Brake) raised the point about training. Frontline staff, whoever they are, need training, because they will often be involved in the victim’s only encounter with the criminal justice system. Every member of the team, be they a barrister, a legal executive or someone at the end of a phone, needs to understand the importance of our strategy, and how properly to support victims and witnesses. I have seen some really good practice in my experience both as a Member of Parliament and as a practitioner, and again this is echoed in the strategy.

In particular, the right hon. Gentleman asked about support for families bereaved by the tragedy of a homicide abroad. When a British person dies overseas, Foreign and Commonwealth Office staff are able to provide advice on how to repatriate their loved one and to support Her Majesty’s coroner if an inquest is heard in England or Wales. All consular officers receive mandatory training on how to support families bereaved overseas. We are currently completing a new homicide service, which will commence in April next year, so that families bereaved by homicides abroad will be entitled to the same support as those who are bereaved by homicide here in England and Wales. That is a vital commitment, and I am sure that the right hon. Gentleman will welcome it.

My civil servants worked overtime to prepare a draft speech for me, but because there has been so much substance in this debate, I have not needed it. I realise that all good things must come to an end, but, in all seriousness, this debate has been a very important part in the process of developing our strategy. I thank all right hon. and hon. Members for taking part, and I commend the victims strategy to the House.

Question put and agreed to.

Resolved,

That this House has considered the Victims Strategy.