Victims of Crime: Rights

Robert Neill Excerpts

Tuesday 13th March 2018 Westminster Hall

[Robert Neill (Bromley and Chislehurst) (Con)]

It is a pleasure to serve under your chairmanship, Mrs Main. I will do my best to be naturally short. [Laughter.] I congratulate the hon. Member for Leeds North West (Alex Sobel) on securing this debate on an important subject.

I will start where the hon. Member for Kingston upon Hull West and Hessle (Emma Hardy) began, which is how victims are treated once a crime has been committed. Constituents in Chislehurst have suffered a spate of residential burglaries. The burglaries are professional, planned and committed with an extraordinary degree of chutzpah. In some cases, the burglars have returned to the same road on more than one occasion within a couple of weeks. The burglaries are of a serious kind: occupants of houses have been threatened—in some cases, they have been young children, and in others, they have been elderly people. The police have many pressures and it is not always possible to find much evidence at the scene. In the case of those professional burglaries, the people have escaped, but there are forensics to be done.

It is important that all police forces recognise that dealing with the victims of crime and investigating crime are not purely transactional processes. A proper duty of care for victims is important. A domestic burglary is peculiarly intrusive and a violation of people’s homes and lives. The hon. Lady fairly made a point about proper points of contact and proper updates and information, which are critical. It is important that a degree of urgency is applied to offences of this kind, even in a large police force such as the Met. There is resource within the budget. I know there are pressures, but priority should be given to dealing with those sorts of issues and keeping people informed.

I want to talk about the operation of the criminal justice system as it impacts victims. The Justice Select Committee, which I have the honour to chair, has looked at that in a number of areas. I start with the point that was made by the hon. Member for Leeds North West about delays in the court process, which are a problem. My hon. Friend the Member for Banbury (Victoria Prentis), who is a fellow member of the Select Committee, referred to that in the context of disclosure problems causing delays and adjournments, which puts great stress on victims who have come to court or readied themselves to give evidence. It is important that we work—I know the Government recognise this—with the judiciary at all levels, from the professional judiciary to the magistracy, and with the Crown Prosecution Service, because many delays arise from failure to meet the proper protocols on disclosure by prosecutors. We need to ensure that we take a whole-system approach so that such delays are reduced to a minimum.

The experience of victims giving evidence needs to be made as palatable as possible. Any witness has to expect to be properly cross-examined, and any defendant has the right to have the case against them tested, but there are parameters in which that must be done decently and without undue pressure. The Government have recognised that in the cross-examination of victims of domestic abuse. It is important that we build upon the work already done on the pre-recorded cross-examination of witnesses and the use of video links. We must ensure that the video links work, which sadly is not always the case in every court. We therefore have to ensure that the court estate and technology are up to speed. That is an important thing we need to do now.

I am glad to see the Minister in his place. I know he is very engaged with these matters, and I recently wrote to him about the position of training and mentoring for registered intermediaries. Court intermediaries provide communication support for vulnerable witnesses—many of them are victims, but there may be other vulnerable witnesses, too. There appears to have been a significant reduction in the period of training they undergo. Can the Minister offer some explanation, either now or subsequently, as to why that has happened? I accept there are pressures, but can he give us an assurance that he will ensure that the level of service provided to vulnerable people assisting in the court process to try to deliver justice is not diminished? I am sure he will be aware that the Victims’ Commissioner’s research indicates poor overall management in the governance of intermediaries and a lack of funding. They perform an important role, and I hope the issue can be taken much more seriously.

I will briefly move on to restorative justice and the victims’ law, which was referred to by the hon. Member for Leeds North West. One of the proposals that the Select Committee made was that any victims’ law should include a right not just to information about restorative justice, as is the case at the moment, but a right of access to it. Provision is extremely patchy across the country. Some police and crime commissioners—I am delighted to see the hon. Member for Rochdale (Tony Lloyd) in his place; he did a great deal as the police and crime commissioner for Greater Manchester—engage in that, but others do not. It is important that the Government perhaps do more to enforce a proper minimum standard. There is always scope for local variation to meet local needs, but a basic standard must be adhered to in all cases. If we are going to have a right, it is important that we have a means of enforcing it and some remedy if it is not actually delivered. That was reported on at some length in our Committee’s report of September 2016, which was debated in Westminster Hall in January 2017. The Government indicated that they were taking steps; we welcomed those, and urge them to do more, as more needs to be done. I hope that the Minister can confirm that work is continuing on this matter, and that the Government remain committed to a victims’ law. Can he give us some sense of when we are likely to see more proposals on that?

Finally, it is important and topical for us to consider the role of victims when Parole Board decisions are made. I will not say anything about any particular case that is sub judice, but we must examine this issue. The point about communication is hugely important. My hon. Friend the Member for Torbay (Kevin Foster) talked about restorative justice in that context. We have to have a whole-system approach. It is not just about when the person is sentenced and dealt with.

[Victoria Prentis]

Does my hon. Friend agree that we should look at both statutory victims and the wider collection of victims in that context?

[Robert Neill]

That is absolutely right. That is a most important matter. The chair of the Parole Board himself, Professor Nick Hardwick, to whom I pay tribute for his openness with us, recognises that the current rules are not as he would wish them to be. They sometimes make it hard for the Parole Board to be as transparent as it would like to be, for the benefit of either the victim or the general public. On the face of it, that is a difficult distinction to justify in some cases, so I hope that in due course the Government will look at that. It indicates to me a need for a much more holistic approach to how we look at victims throughout both the investigatory process and the criminal justice process.

I commend the hon. Member for Leeds North West for securing the debate, and look forward to the Minister’s response.

--- Later in debate ---

[Tony Lloyd]

I will not take long, in that case. The comments of my hon. Friend the Member for Kingston upon Hull West and Hessle (Emma Hardy) are really important. Antisocial behaviour matters. Actually, it kills in the worst situations, and even if we are not talking about those extremes it certainly makes people’s lives miserable. It destroys the quality of people’s lives and we must take that seriously. She is right. Obviously, this can be a political point, but the Government must take it on board that it has become much more difficult now for our police to investigate things that fall off the radar, which they simply ought not. It is an important issue to raise.

Like the hon. Members for Bromley and Chislehurst (Robert Neill) and for Torbay (Kevin Foster), I am a big supporter of restorative justice. I regret that I was not in the House in 2016 to speak on the Select Committee report, but I was aware of its conclusions. Restorative justice fundamentally delivers to victims the sense that their needs are being taken seriously. That is as important in prosecutions as when there is a decision not to take a case forward, which can sometimes be appropriate.

I think of the case of a woman who was a very strong advocate. Other hon. Members might have heard her speak. Her house was burgled and a new camera was taken. Sadly, her daughter was killed in a car crash weeks later and the last remaining photographs of her daughter were lost with the camera. She never saw the photographs but she was prepared to work with the perpetrator, who went to prison. That was important for at least giving her a sense of easement, although you can never reconcile yourself to the loss of a child. It also meant that that long-term burglar effectively ceased his former habit, so it worked in more than one way, but—there is always a “but”—training is absolutely important. We cannot see the process as something to be delivered on the streets, with no training. There must be supervision to ensure that standards are maintained. Importantly, there must be victim volition. The process cannot be forced on a victim, or denied to a victim who is not aware that they could demand it. I support the call for a statutory framework, and of course my hon. Friend the Member for Leeds North West argued for that.

[Robert Neill]

I am delighted that the hon. Gentleman is back in the House after a brief gap. I hope he will take part in further debates. Given what he has said, does he agree on the importance of the point made in the Justice Committee report, that restorative justice must always be victim-led—the victim’s choice at all times—and that there must be proper professional support right the way through? It is important that victims be given full information about what is available in their area, and that something genuinely meaningful should be in place—not simply a leaflet.

[Tony Lloyd]

Absolutely. The hon. Gentleman—let me say my hon. Friend for the sake of this debate—is right on both counts. The second point is fundamental in bringing about the first, because if victims do not have confidence in the process it withers. It is not just victims, in fact, because the community must have confidence, through the victims, that the decisions are not arbitrary, and will deliver something to victims and do something more generally to change behaviour. In the end, the process is about helping victims and changing perpetrators’ behaviour.

Perhaps I may now touch on the rather more aggressive side of what, sadly, happens to victims. Sometimes victims are treated horrendously within the processes. I know that the Minister is sympathetic to these points. Many years ago, I dealt with a grieving family whose son had been stabbed to death at a party. The charge was murder and the case took many months, as such cases do, to come to court. Eventually, on the day of the trial, the family were told that the murder charge could not be sustained, because the prosecuting barrister had said he could not deliver it on the available evidence. No other charge of manslaughter or lesser offences had been brought, and that meant that the two perpetrators went scot-free. The family were left devastated.

That was a long time ago and I would be happy if I could say that those were the bad old days and that things have moved on. However, they have not. Victims still sometimes find that the failure of the prosecution service to examine information in time, or the failure of the courts to process cases, means they face a long journey between becoming a victim and their case coming to court, only to find that when it gets to court they are left frustrated and dissatisfied.