Victims and Prisoners Bill

Lord Roborough Excerpts

Committee stage
Wednesday 7th February 2024 Lords Chamber

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I thank the noble and learned Lord, Lord Garnier, and the noble Baroness, Lady Brinton, for educating me on these two matters. I was not familiar with the issue in our civil courts. The noble Lord, Lord Sandhurst, made a succinct moral point; I thank him and the noble and learned Lord for educating me. If UK plc wants to maintain its position as a leading centre for resolving international disputes between countries and companies, there is a strong moral case for at least reviewing the way in which compensation may be awarded. As the noble and learned Lord said, his amendment is probing and we support it in the sense in which it was moved.

In relation to the amendment tabled by the noble Baroness, Lady Brinton, supported by the noble Baroness Newlove, again I was not aware of the scheme in the Netherlands. However, as a magistrate, I am required to consider compensation for every case I hear, and compensation will take priority over other impositions of the court, such as fines, victim surcharge or costs, or anything like that. When I do so, I am of course extremely aware that I am often dealing with offenders who are on benefits, and even if they are not on benefits, they are often not particularly well paid. It is a fact, which I am not surprised about, that the compensation comes over a long period and often not at all. I take the point that the noble Baroness made about this being a constant reminder to the victim of the offence, and I am aware that sometimes victims are asked to write off the outstanding money which is just not arriving.

The way in which the Netherlands is proceeding is interesting; I do not know whether there has been an estimate about how much money that would cost. It is an interesting idea and I do not know how fully the Minister, when he comes to respond, will be able to talk about the money side of things. The point made by the noble Baroness, Lady Brinton, about reminding victims of the original offence—and we are here talking about the victims Bill and trying to ameliorate their concerns—was well made and deserves a full answer.

[Lord Roborough (Con)]

My Lords, I thank my noble and learned friend Lord Garnier for raising this issue in Amendment 112. Fraud and other economic crimes have a profound impact on their victims, which is why this Government have been very clear about their commitment to tackle such crimes and to support victims.

The measures in the Bill are designed to improve the experiences of all victims of crime, including economic crimes. One way it seeks to do so is by improving the oversight of service providers’ delivery of all victims’ code entitlements. For victims of fraud in particular, under the victims’ code, all victims who have suffered harm, including economic harm, as a direct result of a crime are entitled to information about compensation and, where eligible, to be told how to claim it. The Government take the compensation of victims of economic crime very seriously, as it is crucial for limiting the harms of these soulless crimes. We are taking active steps to improve reimbursement and compensation routes for victims to ensure that, whenever possible, funds are taken from criminals and returned to victims.

Victims’ interests continue to be a priority issue for the UK. New powers introduced by Part 4 of the Economic Crime and Corporate Transparency Act allow applications for stolen crypto assets or funds to be released to victims at any stage of civil forfeiture proceedings. Work is ongoing to implement these reforms in order to ameliorate the negative impacts of criminal conduct, including economic crime.

In cases where there are overseas victims, as the noble and learned Lord mentioned, the Serious Fraud Office, the Crown Prosecution Service and National Crime Agency compensation principles have committed law enforcement bodies to ensuring that compensation for overseas victims of economic crime is considered in every relevant case, and that the available legal mechanisms are used whenever appropriate to secure it. His Majesty’s Government are also fully committed to identifying potential victims and utilising suitable means to return money and/or compensate victims in line with international provisions, per the Government’s transparent framework for asset returns.

As a signatory to the UN’s Convention against Corruption, the UK places great importance on the recovery and return of the proceeds of corruption to those affected by bribery, embezzlement of public funds, money laundering, trading in influence and other abuses of official functions. The UK is obligated to return funds where the conditions for mandatory return are met. However, it also exercises its discretion to return funds in appropriate cases when it is not otherwise mandated to do so.

On the point raised about UK courts being able to award compensation, this requires a co-ordinated, multilateral approach on how to find resolutions for victims. The fraud strategy sets out ambitions to drive global action on tackling fraud. We are developing stronger partnerships with our allies to raise the profile of this transnational threat, improve our understanding of how it manifests globally, share best practice and lead a co-ordinated, multinational response. This engagement will build towards a global fraud summit in early 2024, where key partners will come together to spearhead a co-ordinated diplomatic and law enforcement approach to tackling global fraud.

Measures in the Criminal Justice Bill, which is progressing through the other place, also considers victims’ interests. Further changes are being made to the confiscation regime, under the Proceeds of Crime Act, to enable swifter resolution of proceedings and improve enforcement planning, allowing victims to be compensated earlier and more fully. I am aware that this does not fully address many of the excellent ideas raised by the noble and learned Lord, which were supported by my noble friend, Lord Sandhurst, and I would suggest a meeting to investigate them further, if that was acceptable.

As I have set out, extensive work is already being undertaken to strengthen the rights of victims through legislative vehicles which are still undergoing implementation. I therefore do not believe it is appropriate for a legislatively required review to be introduced at this time.

On Amendment 116, tabled by the noble Baroness, Lady Brinton, the Government are clear that it is extremely important that victims are aware of their rights, particularly when interacting with criminal proceedings. The current victims’ code sets out in plain language entitlements for victims of crime, including being provided with information about compensation. I hope it is helpful if I provide some information about criminal compensation orders. Criminal courts in England and Wales are, by law, required to consider compensation in all cases involving personal injury, loss or damage resulting from the offence. Where the court chooses not to impose such an order, it must provide reasons. In determining whether to make a compensation order, and the amount to be paid under such an order, the court must consider the financial circumstances of the offender—as alluded to by the noble Lord, Lord Ponsonby—to strike a balance between seeking reparation and not imposing debts that are unrealistic or unenforceable. In line with the sentencing guidelines issued by the independent Sentencing Council, if the victim does not want compensation, this should be made known to the court and respected. However, it is right that the decision whether to award compensation and the amount of any award is a matter for the court. In response to the noble Lord, Lord Marks, and his point about the victim’s right to have a court hear their view on compensation, I think that is an interesting idea to investigate, and it would be good to have a meeting.

In addition to compensation orders, the statutory Criminal Injuries Compensation Scheme 2012 exists to compensate victims who suffer a serious physical or mental injury as the direct result of a violent crime, including physical and sexual assault and domestic violence. Payments under the government-funded scheme can never fully compensate for the injuries suffered but are a recognition of public sympathy.

On expenses and property, victims already have an entitlement under the current victims’ code right 10 to be paid expenses. Victims can claim expenses from the Crown Prosecution Service if they have to attend court to give evidence, including, for example, for travel, childcare and loss of earnings. Right 10 in the current code also sets out that the police should return any property taken as evidence as soon as it is no longer required. The Government do not currently have plans for victims to be paid compensation from central funds. That is because compensation orders are paid directly from the offender, requiring them to make reparation to the victim for any loss, personal injury or damage caused by the offence. The decision whether to make a compensation order in a particular case is a matter for the court, and it has a range of powers for the recovery and enforcement of financial impositions. With the permission of the noble Baroness, I would like to write to give further detail on what actions the Government are taking to improve the enforcement of such compensation orders.

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[Baroness Thornton (Lab)]

My Lords, I apologise for the previous explosion from my phone—I was just making sure that you are all paying attention.

This is one of those groups—we have already had a couple of such occasions during this Committee—where you look at it and think, goodness me, why is that not happening already? Why is that not being done, when it is so obvious that it should happen? Like in many of the other cases, it comes down to the question of whose responsibility it is to make sure that the victim is properly informed, and their family properly supported, to know what is going on. It would be great if the Minister could tell us what the answer to that question is, as it is kind of at the heart of everything we have been discussing so far. I look forward to hearing the answer.

[Lord Roborough (Con)]

My Lords, I thank my noble friend Lord Sandhurst for Amendment 113, in relation to the unduly lenient sentence scheme. It seeks to ensure victims and their families are given the necessary information about the scheme and, where this does not happen, provide for an extension of the relevant deadline. I understand the distress that victims may feel if they believe that the sentence given to an offender is not sufficient. The unduly lenient sentence scheme provides a way to ensure that victims, their families and members of the public can request for sentences for certain serious crimes to be challenged, by asking the Attorney-General to consider making an application to the Court of Appeal for a sentence to be reviewed.

Amendment 114 seeks to allow extension of the time limits for applications under the scheme, which must currently be made within 28 days of sentencing. However, the scheme has a fixed time limit to reflect the importance of finality in sentencing for both the victim and the offender. Although we will keep this this limit under consideration, there are no current plans to remove the certainty of this absolute time limit. The 28-day time limit reflects similar constraints on defendants appealing against conviction or sentence; it is important for both victims and offenders that we avoid ongoing uncertainty about the sentence to be served.

Amendment 113 puts forward a duty to inform victims and families of the scheme. It might reassure my noble friend to know that the current victims’ code is already clear that victims should be informed about the scheme by the police’s witness care units at the same time as they are told about the sentence; this is expected to be done within six days of sentencing. It may also help if I explain that “witness care unit” is the generic name for a police-led function that provides information and support to victims, as well as witnesses, in cases progressing through the criminal justice system. Under the victims’ code, the witness care unit is responsible for providing services to victims who are not witnesses in the trial, as well as those who are.

For example, under right 9 in the code, all victims are entitled to be told at the end of the case the outcome, including a brief summary of reasons for the decision where available. This also includes telling victims about the ULS scheme when they are told the sentence in the case, which is in paragraph 9.6 of the code. It is heartening to hear from the noble and learned Lord, Lord Garnier, that the scheme is well used, despite examples of where it has not worked being given by others in this short debate.

In answer to the noble Lady Baronesses, Lady Brinton and Lady Thornton, as part of the CPS’s bereaved family scheme, the CPS and the trial advocate will meet the family at the court following the sentence to explain it and answer any questions. The scheme will be highlighted in appropriate cases as part of this.

My noble friend Lord Sandhurst raised an unfortunate case in which consideration under the slip rule means that 28 days had elapsed. In general, the law officers and the Attorney-General’s Office endeavour to review any sentence referred to them, the only exception being those where there is insufficient time to do so; for example, if it is received late in the day, the statutory time limit runs out. In those cases where the slip rule applies, CPS guidance instructs prosecutors to apply for the sentence to be corrected under the slip rule quickly and within the 28-day period for the ULS scheme. This means that, if the application is unsuccessful, the Attorney-General is not time-barred from being able to make an application under the ULS scheme within the 28-day period.

Where there seems to be broad consensus in this debate is on the need to do better on informing victims and their families about their rights under the scheme. This has been brought up by the noble Baronesses, Lady Brinton, Lady Hamwee and Lady Newlove. I am open to discussing further with noble Lords how best to ensure that victims are better informed of the scheme and its deadline, but I respectfully ask that my noble friend withdraw his amendment.

[Lord Thomas of Cwmgiedd (CB)]

My Lords, would it be possible for the Minister to find out whether the police keep records of the notification of the witness unit and, if the records are kept, what the statistics reveal? This is really an argument about whether we have the right mechanism, rather than the principle. Obviously, the Minister cannot do that this evening, but if the Ministry of Justice or the Home Office could find out, that would alleviate the problem.

[Lord Roborough (Con)]

The noble and learned Lord makes a very sensible request, and I will do my best to write to him.

[Lord Sandhurst (Con)]

My Lords, I am grateful to various noble Lords for their support, the points that they have made, and, if I may say so, the very sensible suggestion from the noble and learned Lord, Lord Thomas, about collecting data.

If I may comment on my noble and learned friend Lord Garnier’s observations, they show that good information is necessary. It is absolutely essential. He says that these are simple and reasonable obligations; in which case, they must be explained to everybody. The guidance should set it out, and it should say simple things such as: “The Attorney-General has only 28 days in which to lodge a reference. If you are minded to complain about the sentence, you must do so straight away so that the Attorney-General has time to consider it properly; otherwise, I am afraid that there is no prospect of a reference being made”—something to that effect.

As for the extension of time, I hear what is said. It will be only in exceptional cases, and it will be the Attorney-General who decides. I just do not see what the problem is. If it is there and remains because the Government do not change it, it is really important that proper information is given.

I am grateful for the answers given by my noble friend Lord Roborough, standing in on short notice and dealing with these rather tricky little points. In the circumstances, having heard what has been said, I will withdraw my amendment. But I really do hope that something can be done, administratively at the very least; that we can receive proper assurances that victims and particularly those who are not witnesses, such as the bereaved and so on, really are told properly; and that a log is kept showing that they have been told—when and where and in what terms. I beg leave to withdraw.

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[Lord Marks of Henley-on-Thames (LD)]

My Lords, I wish briefly to add my support to this amendment. It seems to me that there is no good reason why the amendment should not be passed. We have heard from the noble Baronesses, Lady Newlove and Lady Thornton, about the emotional effect of suffering deaths of relatives in major incidents. It is quite clear that the emotional impact is severe. It is also quite clear that some alleviation, some relief, may be found in the process of registering the death. Why on earth should a relative not be able to register the death if they so choose? For that reason, I can see no reason to resist this amendment.

[Lord Roborough (Con)]

My Lords, Amendment 121, tabled by the noble Baroness, Lady Thornton, is intended to establish a regulation-making power to allow a qualified informant, typically a relative or close friend, to provide information to register a death where the death is the result of a major incident. I thank the noble Baroness for this intervention on such an important and complex issue. I also pay tribute to the Member for South Shields and the right honourable Member for Garston and Halewood for their commitment and determination in championing this cause on behalf of the families bereaved by the Manchester Arena attacks. I also extend my deepest condolences to the families who lost loved ones in that terrible incident.

The Government are committed to ensuring that bereaved people remain at the heart of the inquest process and are able fully to participate in it. Bereavement is never easy, but it is inconceivably difficult to lose a loved one in circumstances which, by definition, are unexpected and traumatic, so we fully understand the importance for bereaved families of having a role in the registration of their loved one’s death following an inquest. For them, as for all who are bereaved, this could be a vital part of the grieving process. In this regard, I agree with many of the comments from my noble friend Lady Newlove.

However, it is also our responsibility to uphold the integrity of the inquest process. While all deaths must be registered, not all deaths will be investigated by a coroner. Deaths which are subject to a coronial investigation and include an inquest cannot be registered until the inquest has concluded. That is because in such cases the inquest is where all the facts including the personal details of the deceased and the cause of death are established. The legislation requires the registrar to register the death following the receipt of a certificate from the coroner. The registrar has the sole responsibility to register all deaths.

The amendment does not disapply the registrar’s statutory duties in this regard and would exist alongside those requirements. So, while I fully understand and sympathise with the intent behind it, it is unclear what the statutory purpose of the relative’s provision of information and the status of that information would be.

In answer to the noble Lord, Lord Marks, I believe that there are a number of good reasons why we will not accept this amendment. We must be mindful that an amendment of this kind could inadvertently undermine the integrity of the inquest process, in particular where the bereaved family is not in agreement with the coroner’s conclusion at the inquest. Furthermore, the amendment is limited to those bereaved by a major incident. The distress of losing a loved one in this way is unimaginably difficult. However, I do not believe that it is right that we legislate for this now, knowing that there would be many who would not be able to utilise the new provision.

While I am sympathetic to the purpose behind the noble Baroness’s amendment, the Government cannot support it for the reasons I have given. That said, we are very aware of the sensitivities surrounding this issue and it is important that we identify the most appropriate way forward. In doing so, we must also take into account the practical implications of other legislation, such as the Data Protection and Digital Information Bill—referenced by the noble Baroness, Lady Thornton—also currently before this House, which will enable implementation of remote delivery of registration processes in the near future.

For these reasons, I can confirm that—as my ministerial colleague the Minister for Prisons, Parole and Probation announced in the other place—the Government will undertake a full public consultation, as soon as practicable, on the role of the bereaved in death registration following an inquest. This will enable us to gather a wide range of views on potential ways forward. I hope that the noble Baroness will welcome my reiteration of this commitment, even if it goes no further as she has asked, and that, together with the Members who continue to champion this issue in the other place, she will work with the Government as we seek a solution to this sensitive and complex issue.

[Baroness Thornton (Lab)]

I thank the noble Lord for that answer. If I understood him correctly, his key point was that there is concern that the registration process might be compromised, but he did not say how. I do not understand how that could be. There is no question that the death must be registered, and bereaved families know that that cannot happen until the inquest has been completed, even if it takes years, as it sometimes does. I do not understand how that process would be compromised under these circumstances. I would be reassured if I thought that the consultation the Government are initiating will ask that question and work out how to solve that problem.

[Lord Roborough (Con)]

It might help the noble Baroness if I wrote with a fuller explanation of how it could compromise that process.

[Baroness Thornton (Lab)]

That would be useful to the Committee, because then the legal eagles behind me and on other Benches could look at it and see whether it holds water. The noble Baroness, Lady Newlove—whom I thank for her support—and I are not convinced. However, I beg leave to withdraw my amendment.