Victims of Crime: Rights

Victoria Prentis Excerpts

Tuesday 13th March 2018 Westminster Hall

[Alex Sobel]

That is a very good point, well made, and I hope that the Minister will address it in his remarks.

As I was saying, our criminal justice system must ensure that it has the rights of victims of crime at its heart. When it fails to do so, it not only affects the direct victims themselves but risks undermining wider public trust in our justice system.

The most significant reform in this regard was arguably the introduction of the victims code by the last Labour Government, which came into force in 2006. The victims code sets out the rights and entitlements of victims, making it the single most important document for victims of crime in England and Wales. It outlines clearly and precisely the level of entitlement that victims can expect from each criminal justice agency they encounter, including the police, the Crown Prosecution Service and Her Majesty’s Courts and Tribunals Service. For example, the code specifies that victims are entitled to be kept informed of developments in their case within set time limits, and that victims must be informed of any sentence handed down to the offender and what it means.

Victim Support has found evidence to suggest that there is a routine failure to uphold the victims code. The lack of compliance could be due to the victims code not being legally enforceable, or the absence of a mechanism to hold agencies to account except in individual cases, or the lack of an independent body to monitor implementation. Current monitoring arrangements rely on statutory agencies self-assessing their compliance, based on criteria determined by the agencies themselves. Effectively, these agencies are self-regulating.

There are new setbacks for victims of crime on the horizon, with the announcement that the Government plan to sell off more than 100 courts for not much more than the average UK house price. That decision piles yet more pressure on the remaining courts and risks hearings being further delayed and rescheduled, which can have a distressing impact on victims and witnesses and creates a justice system that is less accessible for people.

The Victims’ Commissioner has within their remit a duty to

“keep under review the operation of the Code of Practice”.

The current Victims’ Commissioner, Baroness Newlove, has conducted a number of reviews of the code, looking at issues such as the victim personal statement, children’s entitlements and the complaints system. A number of other agencies have also looked at compliance with the victims code in some form, including the CPS, which undertook a victim and witness satisfaction survey in 2015 and plans to repeat the research, and the criminal justice inspectorates.

[Victoria Prentis (Banbury) (Con)]

The hon. Gentleman has brought a very important issue to Westminster Hall this afternoon. I am particularly concerned about the effect of the problems in the disclosure system of the CPS and other agencies for victims. I have had considerable problems with child sexual exploitation in my constituency. Those victims are particularly vulnerable. Is that something that he is also worried about?

[Alex Sobel]

I am very glad that the hon. Lady has raised this issue. It is not something that I have personally had experience of, but I am sure that her points are really well made and I hope that the Minister addresses them in his remarks.

Finally, victims’ organisations such as Victim Support have also looked at compliance with the code by means of research that has examined different issues, including the timeliness of victim contact. However, all these reviews have been piecemeal, looking at certain aspects of the code but not at the code’s operation as a whole. There is a gap in the system, and an effective monitoring and enforcement mechanism would enable the Government to ensure that the victims code is implemented throughout the system, as well as identifying both good practice and areas for improvement.

Last year, Victim Support published research undertaken with almost 400 victims, which highlighted the failings inherent in the system. These failings include the fact that 52% of victims surveyed were not offered the chance to make a victim personal statement; that 46% of victims surveyed had not received a written acknowledgment of the crime from the police; and that 19% had not been referred to support services. So, nearly one in five of the people who responded were not even referred to support services. As things stand, too many people are being failed by the system, so things need to change.

What do victims of crime need from the Government? Victims must always feel that the justice system is on their side. When a member of the public comes forward to report a crime or to give evidence in court, they must be treated fairly and with compassion. When all is said and done, we must do our utmost to ensure that victims receive the justice they deserve.

What is needed is a victims’ law, which the 2015 Conservative party manifesto pledged to introduce; the Minister will find that pledge on page 59. In the 2015 Queen’s Speech, the Government announced:

“Measures will be brought forward to increase the rights of victims of crime.”—[Official Report, 27 May 2015; Vol. 596, c. 31.]

In 2016, the EU victims’ directive forced the Government to enhance support for victims of crime by broadening the definition of “victim”. Previously, for example, victims of drink-driving did not receive support under the victims code, and not all victims of crime were entitled to a written acknowledgment from the police.

In 2017, the Conservative manifesto again contained a commitment to enshrine victims’ entitlements in law. However, aside from a recent and welcome announcement that there will be consultation on new legislation to support victims of domestic abuse, there appears to have been little action by the Government to bring forward their victims’ law commitment. I want to see victims’ support at the heart of the criminal justice system and historic wrongs put right.

A victims’ law would seek to guarantee victims a minimum standard of service, including placing victims’ right to review on a statutory footing, not only for the CPS but for the police, too. It must be made easier to hold justice organisations to account if we are to maintain confidence in the criminal justice system. I therefore ask the Minister to introduce proposals for a victims’ law that fulfils the historic commitment.

--- Later in debate ---

[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.