Delivering Justice for Victims

Lord Paddick Excerpts

Thursday 16th December 2021 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, we welcome the Statement. We hope that the proposed consultation exercise is dealt with rapidly, that people are listened to and that we see legislation as soon as possible. Can the Minister tell us when that is likely to happen? I confirm that we will work constructively with the Government to ensure that the new victims’ law is fit for purpose and is a law of which we can be proud.

The Statement reminds us just how urgently we need a new law. The number of victims who have dropped out of the system has doubled in the last five years. It is concerning that confidence in the justice system is so poor. Three in every five victims do not even report a crime, one-third of victims would not report a crime again and one-third of victims who do go to the police drop out of the process before any case can come to court.

There are steps that the Government could take now that would help the situation. In October 2021 the National Audit Office released a report on the Government’s handling of the court backlog. It found that the Crown Court backlog had already increased by 23% in the year leading up to the pandemic and had increased by a further 48% since. The NAO said that both the Ministry of Justice and its courts agency were not working together properly to solve problems that had their roots in pre-pandemic decisions.

One in 67 rape complainants sees a case come to court, and it can take four years for that process to be completed. The latest data from the CPS shows that the number of rape convictions fell by 6.7% in the last quarter. At the current rate it would take the Government 18 years to return to pre-2016 levels of prosecution. There are 3,357 victims of violent and sexual crime who have already been waiting for over a year for their day in court, and a further 654 victims of these horrific crimes have been waiting for over two years. Can the Minister assure us that the Government are taking all measures necessary to put this right?

We have now had five Secretaries of State for Justice promising a victims’ Bill, and all five have failed to deliver. I have heard victims say that their experience of the justice system is worse than the crime itself. Just 19% of victims believe that a judge takes into account the impact of the crimes on them, and only 18% believe that they are given enough support. Victims do not want consultation; they want action, and the Labour Party has a ready-made Bill to clear the backlog through an increase in Nightingale courts and to fast-track rape and sexual violence cases. Our victims’ Bill would also improve rights, strengthen protections and accountability, improve communications and ensure that victims were no longer treated as an afterthought.

The Statement from the Government is welcome, but they must now match their warm words with deeds and ensure that they put victims at the very heart of our criminal justice system.

[Lord Paddick (LD)]

My Lords, as a victim of the Police, Crime, Sentencing and Courts Bill, I have to say that dealing with this Statement at this time on this day is not delivering justice to victims.

Seriously, though, I should declare an interest as a victim of two crimes in recent years. One was a homophobic hate crime that my Norwegian husband was a witness to. He said to me afterwards that he would never again be involved in the British criminal justice system as a result of his experience in court, where he felt that he was on trial. The other was a burglary where the perpetrator was caught on closed-circuit television but the police refused to investigate further. In a subsequent meeting with a police super- intendent, he admitted that many cases that were solvable were not being pursued because of a lack of police resources. Is it any wonder, as the noble Lord, Lord Ponsonby of Shulbrede, said, that three in five victims do not report crimes, and that one-third would not report them again having experienced the criminal justice system? It seems that my husband and I are not alone.

The Government say that they have strengthened the victims’ code. What improvements have there been as a result? More money has been invested, according to the Statement, but what impact has this had on victim satisfaction? We should be looking for outcomes, not outputs.

The Statement says that it wants victims to

“properly engage at every step.”

Research shows that restorative justice significantly increases victim engagement and satisfaction. What plans do the Government have to fund more restorative justice programmes?

The Statement says that the victim will be consulted before charging decisions are made

“in certain types of case”.

Can the Minister explain what types of case are being referred to?

The Statement says that the Government

“will increase transparency in respect of the performance of our criminal justice agencies.”

What will the Government do when they discover that the reason for poor performance throughout the whole criminal justice system—from the police to the CPS, legal aid and the courts—is that it is underfunded? It is all very well to

“enshrine the victims’ code in law”,—[Official Report, Commons, 9/12/21; cols. 595-6.]

but if the criminal justice system does not have the resources to fulfil its obligations under the victims’ code, how will making it a statutory responsibility help?

The Statement says that the Government will publish a report on progress against the rape review action plan. Research clearly shows that victim satisfaction is the most important outcome measure in rape cases; being believed and cared for are the most important elements of rape survivor satisfaction. Does the report detail changes in victim satisfaction? If not, why not?

The Government are long on words and short on delivery. Trust and confidence in the criminal justice system have declined in the decade or more that the Conservatives have been in power. I can understand that the Government welcome the fact that the police cannot investigate some crimes, despite overwhelming evidence, when it is the Government who stand accused, but for the rest of us, if we cannot trust the police, the CPS and the courts to protect us when we are victims of crime, we are in serious trouble. You cannot get a quart out of a pint pot, which is what the Government appear to be trying to do with these measures.

Finally, I am reminded of colleagues who, when the Government do something we agree with, then go on to question the Government’s motives. I do not know whether the Minister celebrates Christmas, but I hope he enjoys the break, whatever the motivation for having one.

[The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Wolfson of Tredegar) (Con)]

To pick up on that last point first, I take this opportunity to wish everybody—both those who celebrate Christmas and those who do not—a very happy time and a very successful 2022. I think we are all entitled to celebrate the fact that we have achieved at least three days on the police Bill on Report, and we have more to look forward to next year.

I come back to the matter of victims. Despite the fact that it is the last piece of business for this year, it is a very important topic. I am grateful that the noble Lord, Lord Ponsonby of Shulbrede, broadly welcomed the legislation. I think it is fair to say that this is a matter where there is broad agreement across the House on the aims—although, of course, there will be political differences, perhaps as to the way we go about it. We will have an eight-week consultation on the matter, and we will prioritise work on that and introduce the Bill, as the Deputy Prime Minister said in the other place, as soon as possible. We want to ensure that there is wide engagement both across this House and in the other place as we develop the Bill next year.

So far as victim attrition is concerned—I must say, I do not like using that phrase, although it is the phrase that is used; we all use it but there is a real person, so to speak, behind all these statistics—the quicker we get cases to court, the less attrition there will be. That must be balanced with making sure that cases are investigated properly and that the defendant has a fair trial. In the area of rape, for example, we have introduced measures to speed up the extraction of data from mobile phones and make sure that the phone gets back to the victim. In particular, we have found that support from ISVAs—independent sexual violence advisers, whom we also have in domestic violence cases—really makes a difference. We are providing more than £150 million in this financial year for victim and witness support services, which we will increase to £185 million by 2024-25. The figures show that there is a significant benefit in reducing victim attrition for those victims who have contact with ISVAs.

The backlog in criminal trials is obviously a matter that we have debated on a number of occasions. It is fair to say that the pandemic has had a real impact in this jurisdiction. Although we were one of the first jurisdictions to restore jury trials, there were times when we could not hold them, and then we could not hold jury trials with multiple defendants because of space issues. In the Judicial Review and Courts Bill, which the House will consider next year, Clause 11, I think, provides that more work will be put into magistrates’ courts so that Crown Courts are freed up for more jury trials. However, we want to be transparent about this. As the Deputy Prime Minister has explained, we are publishing our rape scorecards, which will provide a tracking basis so that we can see how the system is doing, particularly in rape cases. I know that that is a particular focus of the Deputy Prime Minister.

I agree with the noble Lord, Lord Ponsonby, that the victim must be at the heart of the criminal justice system. Too often, there has been seen to be a dissonance, or an inconsistency, with putting the victim at the heart of the system while ensuring that the defendant has a fair trial. In fact, there is no contradiction. You can do both; indeed, we must do both. That is something we are very focused on.

Turning to some of the points made by the noble Lord, Lord Paddick—as he said, he has personal experience in this area, if I can put it that way—giving evidence is always traumatic. We recognise that it is particularly traumatic in cases that deal with sexual or other violence or coercive control. As the noble Lord will know, we have introduced Section 28 and are rolling it out so that it is more widely available. At the end of the day, judges, not Ministers, run trials so it is a matter for judges to decide whether and how Section 28 is deployed in a particular case, but our aim is to make it available across the criminal justice system for those cases where it is suitable.

I agree with the noble Lord that we must focus on outcomes. I have already mentioned rape scorecards. He also mentioned restorative justice. I am pleased that he did because, as I am sure he knows, there is very good evidence to show that there can be benefits for victims and a reduction in reoffending where restorative justice is used properly. It really is a win-win. The victim wins, society wins and, of course, the offender wins because they do not reoffend. The code makes it clear that victims can ask to take part in restorative justice at a time that is right for them. Both the victim and the offender have to agree, of course. The welfare of the victim is paramount so there will be cases where it is unsuitable, but there are lots of cases where it is very suitable. We are providing grant funding to police and crime commissioners to provide victim support services; that includes restorative justice. In the last financial year, 2020-21, they spent around £3.7 million of the funding on restorative justice services; around 5,500 victims engaged with those services in that year. We will bolster support by increasing funding for support services, as I said earlier.

The noble Lord asked in what types of cases it would be appropriate to consult a victim. That is one of the things we are going to consult on because, as he will recognise, it will not be all cases, but there will be many where it will be appropriate. Finally, on resources put into the criminal justice system, I do not want to have a statistics battle across the Dispatch Box, especially since this is the last business of the year. However, I will say that we are putting in £477 million as part of the spending review into the criminal justice system over the next three years, to help reduce the backlog and to provide swifter access to justice, which victims deserve. I think it is generally recognised that the most recent spending review has significantly increased the budget of the Ministry of Justice, and that this will be to the benefit of the criminal justice system.

I also say, finally, that we have published the CLAR report on criminal legal aid, authored by Sir Christopher Bellamy. We are very much looking forward to engaging with the profession, and indeed all stakeholders, about criminal legal aid, which is itself such an important part of the criminal justice system.