Domestic Abuse Offences
Sarah Russell Excerpts(1 week, 2 days ago)
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Mrs Sarah Russell (Congleton) (Lab)
I thank the hon. Member for Eastbourne (Josh Babarinde) for speaking so movingly and convincingly.
I want to raise the case of a constituent who has come to me with multiple problems to do with her abusive husband. He is not yet her ex-husband, because he is stalling the divorce process, and hiding and dissipating assets. I worked briefly in family law, so I know that this is by no means an unusual situation and that, in most cases, it is the man who is involved in perpetrating this sort of thing. If this was happening in any other situation—for instance, between two business partners—such actions would be prosecuted as fraud, but when pursued through the family court, as they are all the time, they are not prosecuted at all; they are just treated as one of those things.
Section 76 of the Serious Crime Act 2015 created the offence of controlling or coercive behaviour in an intimate or family relationship. An example of coercive or controlling behaviour is economic abuse, including coerced debt, controlling spending and similar activities. However, in this case the husband is no longer directly controlling or coercing the wife because they are separated; he is just spending all of their money and she cannot stop it.
Economic abuse that relates to deliberately dissipating someone else’s assets is not really dealt with. Many victims of domestic abuse have their personal finances ruined in the course of their relationships. It is a real problem that any insolvency solution that might help them to rebuild their finances involves having their home address and other personal details published online in the insolvency register. That deters a lot of people from getting involved in the insolvency solutions that would enable them to start to rebuild their finances and their lives.
One can apply to withhold the details of addresses and so forth, but that involves paperwork, possible court proceedings and a fee of £300, which is a huge amount of money for someone who is already in an insolvency process. There is a strong argument that we need to reform the process and potentially make the insolvency register private.
Finally, I again thank the hon. Member for Eastbourne for securing the debate. I thank Cheshire Without Abuse, which does work in this area in my constituency, and the Money Wellness service, which people can engage with if they are having money difficulties.
Jim Shannon
The hon. Lady has brought to mind a circumstance that I, as an elected representative, have witnessed on a number of occasions over the past few years. A married man has secured a loan on a joint account held with his wife but then, when the relationship fell apart and all the money in the bank was away, she was left with the loan, so she was done over twice. That is an example of a situation that could be sorted out in the legislation that the hon. Member for Eastbourne (Josh Babarinde) referred to, and I thank the hon. Lady for mentioning the issue.
Mrs Russell
I have seen instances like that within my own social circle. It is not unusual and a lot of the people involved appear to be people who would have engaged with the bank. I know banks have some safeguards around this sort of thing now, but they are inadequate and people are often left in terrible financial situations.
In conclusion, I thank the hon. Member for Eastbourne and I wish him luck with his campaign.
Oral Answers to Questions
Sarah Russell Excerpts(2 weeks, 1 day ago)
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Sarah Sackman
I am sorry to hear how long victims in my hon. Friend’s constituency are waiting. That is why we are taking urgent action to bear down on the Crown court backlog, not only by increasing sitting days this year, but by committing to record numbers of sitting days next year. Of course that will not be sufficient to bring down the backlog and deliver swifter justice for victims, and that is why we need to hear from Sir Brian Leveson and implement reform in due course.
Mrs Sarah Russell (Congleton) (Lab)
The Lord Chancellor and Secretary of State for Justice (Shabana Mahmood)
This Government are funding a record 110,000 Crown court sitting days, which is 4,000 more than the previous Government funded. To bring down the backlog we must embrace reform, and that is why I have launched an independent review into the efficiency of the criminal courts, led by Sir Brian Leveson. This Government will deliver swifter justice for victims.
Mrs Russell
In 2016, 120,000 cases were disposed of—concluded—in the Crown courts. That figure was never achieved again by the Conservative party, and by 2022 the figure was 17% lower. Conservative Members like to blame covid for everything, but there were problems in the system well before that. There has been a systematic failure to modernise processes in our courts for years, as we on the Justice Committee hear far too often. What more can we do to use technology to make our courts more efficient and, most importantly, ensure faster outcomes for victims?
Shabana Mahmood
My hon. Friend is right to note the issue of falling disposals—in layman’s terms, the number of cases that are completed. The rate of disposals has indeed fallen in recent years, which why I have asked Sir Brian Leveson, as part of his review, to consider how we improve the efficiency of our courts, including further technical or AI-related reform that might assist cases to move more quickly through the system. We will need a three-pronged approach: more funding, which I have already delivered; once-in-a-generation reform, which Sir Brian Leveson is looking at; and going further and faster on productivity and efficiency in the system. That is how we will get swifter justice for victims.
Violence against Women and Girls
Sarah Russell Excerpts(2 months, 2 weeks ago)
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The Parliamentary Under-Secretary of State for Justice (Alex Davies-Jones)
I beg to move,
That this House has considered the matter of tackling violence against women and girls.
As things stand today, the scale of violence against women in this country is intolerable and a national emergency, so I welcome the opportunity for the House to unite and debate it. Tackling violence against women and girls in all its forms is a top priority for the Government and central to our wider mission to make the country’s streets safer.
Let me be clear from the start that I condemn the threats against the Safeguarding Minister, my hon. Friend the Member for Birmingham Yardley (Jess Phillips), in the strongest possible terms. They are abhorrent and demonstrate all too clearly how some men view women’s place in the world. I know that so many right hon. and hon. Members have experienced that kind of hateful misogyny online—threats and abuse levelled at us just for doing our job—but we will continue to speak out; we will not be silenced. I am sure that the House will join me in offering my friend every support. [Hon. Members: “Hear, hear!”]
The Government were elected on a landmark pledge to halve violence against women and girls over the next decade, rightly putting the issue at the forefront of the political agenda after years of neglect, and where women have been let down by the system. It is an ambitious target, but it is absolutely right that we are ambitious when it comes to the safety of women and girls.
In this country, it is estimated that a woman is killed by a man every three days, on average, yet that rarely makes the headlines. Their deaths have become normalised and I think we, as a society, have become desensitised. That is nothing short of a national scandal. Every woman lost is a daughter, a mother and a friend with her life brutally cut short. They are not statistics to me, and nor are they to the Government; their lives matter and we are determined to act. We will use every tool at our disposal to target perpetrators, protect victims and address the causes of this appalling abuse and violence. We will go further than ever before to transform how we work together across Government, public services, the private sector and charities, and our efforts will be underpinned by a new strategy to combat violence against women and girls that we will publish later this year.
As a first principle, prevention will always be better than cure, so if we are to tackle these crimes we must start by tackling their root causes. Education will be fundamental to our approach. We need a culture shift where abusive, harassing and discriminatory behaviour is called out for exactly what it is, where women are at last respected and championed and where every woman can be safe wherever they are, whether at work, at school, online, in the street or in their own homes.
Women make up over 50% of society, but the mission shared by those of us in the Chamber cannot be achieved by halves or by women speaking only to women; everyone needs to play their part. Men must be part of the conversation and part of the solution, and I am clear that there are many great male role models out there—many of them in this Chamber We need to understand why boys and young men are being drawn down the rabbit hole of toxic masculinity that so often fuels these crimes. Critically, how can we step in, support them and steer them away from that?
No one agency can solve this alone. It will mean working across the House and across society with schools, parents, police and the judiciary—everyone—if we are to make a difference for the next generation of women. That is the approach the Government will take.
Secondly, we must ensure that our legal system is able to respond effectively to these crimes so that women are protected and perpetrators are swiftly brought to justice.
Mrs Sarah Russell (Congleton) (Lab)
I understand that there may be some difficulties with the criminal law in relation to people being followed. In the event that they have been actively harassed and threatened, there is a potential crime in the threat, but there may be a gap in the criminal law for those who are simply followed, with that not being part of a continuing course of conduct. Will the Minister commit to looking into that, please?
Alex Davies-Jones
I thank my hon. Friend for that intervention. We will happily look at that. We have already done some incredible work on stalking and harassment, but we will look to go further wherever possible.
Let us look at the offence of rape. As it stands, about 60% of adult rape complainants, despite bravely coming forward, eventually withdraw from the criminal justice process. That means too many offenders are getting away with their crimes and too many victims are being left without the justice they deserve. Often that is because the agony of a long wait for justice is much more than they can bear. It is a sad fact that some victims, and particularly those of sexual offences, are waiting almost three years for their case to come to trial. Some decide not to pursue their cases at all, feeling, quite understandably, that they need to focus on their own mental health and move on with their lives.
I once spoke to a victim who told me that she had been raped and her case had taken years to come to trial. She told me something that I will never forget: that the experience had made her want to die. That anyone should feel that way about our justice system is unconscionable. The Government are determined to do better. Justice must be swifter. We will work with the judiciary to fast-track rape cases through the courts so that victims like her are not left in limbo.
There is no escaping the Government’s bleak inheritance of a criminal court system under the most intense pressure. Nowhere is that more evident than in the Crown court, where the outstanding caseload stands at over 73,000—a record high. We have taken decisive action to drive the caseload down, funding an extra 2,000 sitting days, which will see courts sit for a total of 108,500 days this financial year—the highest level in almost a decade. We are also extending magistrates court sentencing powers from six months to 12 months for a single triable either- way offence, which we expect will free up about 2,000 sitting days and allow judges to deal with the most serious cases.
But if victims are to see justice done more swiftly, we cannot simply do more of the same; we have to go further. It will take once-in-a-generation reform. That is why the Lord Chancellor has commissioned Sir Brian Leveson, one of the country’s top legal minds, to carry out an independent review of the criminal courts. Sir Brian will consider the merits of longer-term reform during the first phase of the review. That could include consideration of an entirely new type of court entirely, intermediate courts, in which cases too serious to be heard by a magistrate alone could be heard by a judge flanked by magistrates. The second phase of the review will consider how our courts can operate more efficiently, and the timeliness of processes. Sir Brian will report his findings later this year, and I am sure that Members will await them with interest.
As a third principle, we must ensure that the criminal law is equipped to deal with the evolving range of threats that women face today. I am sure the House agrees that sexually explicit deepfake images are particularly appalling, and shares my concern about the fact that this kind of abuse is on the rise. Artificial intelligence technology now means that perpetrators can, at the click of a button, turn innocent images from a person’s social media account into pornographic material—images that can then be shared with millions online, in milliseconds. It is not funny. It is not banter. It is a gross violation of a woman’s privacy and autonomy which causes untold harm, and it is disturbing to hear that a third of women report falling victim to intimate image abuse. It cannot continue unchecked.
Our laws must protect victims and punish those responsible. That is why the Government made a clear manifesto commitment to ban the creation of these vile images, and it is why we are committed to tackling the creation of sexually explicit deepfakes by introducing a new criminal offence in the policing and crime Bill.
However, we are going further. While it is already a criminal offence to share, or threaten to share, an intimate image without consent, it is, quite bizarrely, an offence to take an image without consent only in certain circumstances. So-called up-skirting is an offence, while taking photos down someone’s blouse or setting up cameras in a changing room is not. As I am sure the House will agree, that makes little sense, so as I explained earlier this week, the Government will introduce new offences for the taking of intimate images without consent and the installation of equipment with intent to enable the taking of an intimate image without consent. We are sending the clear message that this appalling, misogynistic behaviour will not be tolerated and that predators who violate women’s trust in this way will face the consequences, which could mean up to two years in custody, depending on the perpetrator’s intent.
As women, Madam Deputy Speaker, we should not have to watch our friends’ drinks while they go to the bathroom. We should not have to worry about being spiked by a needle, or a vape. The Government will therefore introduce a new criminal offence covering spiking, and will work hand in hand with police and business leaders to crack down on this behaviour so that women can enjoy a night out without fear and victims are empowered to come forward, knowing that they will be taken seriously.
Victims of Sexual Violence: Court Delays
Sarah Russell Excerpts(3 months, 1 week ago)
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Mary Glindon
I hope that the review that will take place will look at everything and cover every aspect. I believe its aim is to be comprehensive and to bring justice and fairness to everybody involved in the system.
It is imperative that attention is drawn to the nature of postponements, which bear down on the already fragile mental health of victims. I have heard heartbreaking accounts of court dates being moved on the morning of the scheduled trial. Imagine waiting in anticipation for that day of justice, exerting every ounce of mental strength, just for it to be snatched away on the day of the trial. I invite colleagues to imagine that happening not once, but again and again.
There is also an important public safety element, which is too often overlooked. Many perpetrators are not placed on remand, and, when there is a delay to a case being heard, someone who could be guilty is walking the streets. Returning to the issue of fairness, there is a deep injustice to that: victims must look over their shoulder each and every day and have their lives put on hold, while perpetrators may be able to cling to their freedom for years.
I am cognisant that a number of factors have driven this enormous backlog, including the pandemic, industrial action by criminal barristers, a lack of capacity in the legal profession and an increase in the number of complex cases entering the system. While many of these factors are well known, it has also been brought to my attention that defence barristers may be able to generate a postponement by requesting a last-minute adjournment as a delay tactic. I would be grateful if the Minister committed to looking at that issue in more depth. We need greater scrutiny of last-minute adjournments, which are having such devastating impacts on victims.
In the summer, I wrote to the Justice Secretary on postponements and delays, and was grateful for the response that I received from the then Minister of State for Courts and Legal Services, my right hon. Friend the Member for Swindon South (Heidi Alexander), in which I was assured that reducing waiting times for victims of serious sexual offences is a priority for our Government. The Minister advised me that the Government were carefully considering the best way to fast-track rape cases, and were working with the judiciary to understand how that may be achieved. I would be grateful if the House received an update on the Government’s progress in delivering that manifesto commitment.
Mrs Sarah Russell (Congleton) (Lab)
Does my hon. Friend agree that it is important that we keep the blame for the backlogs exactly where it belongs? Defence barristers are doubtless doing the best they possibly can for their clients in some extremely difficult circumstances, and, as my hon. Friend the Member for Wolverhampton West (Warinder Juss) says, they are paid poorly relative to other members of their profession. The most significant problems in the court system have been caused by 14 years of chronic Tory underfunding of the court system itself, the Crown Prosecution Service and the prison system, which means that: far too few people are held on remand; people are being bailed when they should not be; people are being dealt with very swiftly to try to deal with custody time limits; and there are so many problems baked into the system as it stands that victims are being wholly failed. We need to ensure the system is invested in and reformed in such a way that those problems do not continue to be exacerbated, one of the most enormous ones being—
Madam Deputy Speaker (Caroline Nokes)
Order. If the hon. Lady wants to contribute to the debate she always has the opportunity to ask the Member in charge and the Minister, but interventions must be shorter than that.
Alex Davies-Jones
My understanding is that any victim who is eligible is able to apply for transcripts, regardless of whether a conviction has been secured, but I will seek clarification for my hon. Friend on that matter.
This is a landmark mission, and we have further to go to support victims of rape and sexual offences—both at court and across the whole of their journey through the system. I am proud that, as well as fast-tracking rape cases through the courts, we plan to begin rolling out our free, independent legal advisers for victims of adult rape from next year. Those advisers will be a real step forward for victims, and offer legal advice at any point between report and trial. We will also introduce specialist rape and sexual offence teams in every police force. We will make sure that police officers receive stronger training on violence against women and girls, and ban anyone with a history of violence against women and girls from joining the police force.
Wherever they are in their journey through the system, I want to make sure that every victim knows their rights and that agencies are held accountable for delivering those rights. The Victims and Prisoners Act 2024 lays the foundation for ensuring that victims know the rights they should receive under the victims code and that agencies are held accountable for delivering them. The Act also places a duty on local commissioners in England to collaborate in the commissioning of support services for victims of domestic abuse, sexual abuse and serious violence. We will consult on a revised victims code and the duty to collaborate guidance early next year. I am working with my officials to ensure that we have the right data and systems to monitor compliance with the new code. We have also pledged to increase the Victims’ Commissioner’s powers, so that there is more accountability when victims’ needs are not being met.
My hon. Friend the Member for Newcastle upon Tyne East and Wallsend asked me about the impact of adjournments on victims and survivors. I want to reassure her that I am looking at every possible solution and pulling every lever at my disposal across the criminal justice system to ensure that we leave no stone unturned in ensuring that the victims of these abhorrent crimes receive the swift justice that they deserve.
Mrs Russell
I understand that there is a specific problem with the criminal injuries compensation scheme as it stands, whereby a claim has to be brought within two years of the original allegation, even though in many cases there has not even been a prosecution by that point. Is that something that the Department is looking at?
Alex Davies-Jones
My hon. Friend will be aware of the consultations run by the previous Government on the Criminal Injuries Compensation Authority. I have been reviewing those consultations and we are looking to publish the Government’s response in the new year, but we are aware of the concerns from the sector, and from victims and survivors, about the scheme. We are looking at how much more we can do to support victims and survivors as a whole on these issues.
Let me come to a close by again thanking my hon. Friend the Member for Newcastle upon Tyne East and Wallsend for securing this debate, and all the hon. and right hon. Members who have contributed to such a thoughtful discussion. Sexual offences leave devastation in their wake. Victims are often left traumatised and the very least they deserve is swift justice, but too often that justice process serves only to traumatise them further, whether it is because they are not getting the right support or because they are facing an agonising wait for their case to come to court, as we have heard so powerfully this evening. We have inherited a criminal justice system—and a criminal courts system in particular—in crisis, but the rebuilding effort is under way. We have an ambitious package of reform, we are thinking boldly, and while I am realist enough to know that change will not happen overnight, I can assure you all that this Government are up to the challenge.
Question put and agreed to.