Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if he will take steps to ensure that the new Victims Code stipulates that the police, CPS, government agencies and health professionals consistently recognise non fatal strangulation as a high risk indicator of homicide and respond accordingly.
The Victims’ Code (the Code) sets out the rights and information victims can expect to receive from criminal justice agencies in England and Wales. As part of implementation of the Victims and Prisoners Act 2024, we have consulted on a new draft Victims’ Code (which is available online), which closed on 30 April. We are now considering the nearly 200 responses and will respond publicly, ahead of bringing a new Code into force.
The current Code sets out that all victims (including victims of coercive control, stalking, economic abuse and other forms of domestic abuse) are entitled to be referred to a support service by the police within 2 working days of a crime being reported to them. Both the current Code, and the new draft Code include information about a victim’s ability to ask the Attorney General to consider making a referral under the Unduly Lenient Sentencing Scheme. The Victims and Courts Act 2026 introduced a new statutory obligation to ensure that new and revised Codes always include such information.
This Government recognises the significance and seriousness of strangulation as a method of exerting power and control. Indeed, non-fatal strangulation and suffocation is a criminal offence, an indicator of controlling or coercive behaviour, and a recognised risk factor for intimate partner homicide. The Code sets out the information and support victims can expect to receive; it therefore does not seek to provide guidance to criminal justice agencies about the risk profiles of specific criminal offences, which is a matter best dealt with elsewhere.
Guilty pleas can avoid the need for trial, shorten the gap between charge and sentence, and can save victims from having to be cross-examined on potentially highly traumatic evidence in court. Guilty pleas are also relevant to sentencing, though when they are entered later in the process, any reduction in sentence is substantially lower than in cases where guilty pleas are made earlier in the process.
Even though a guilty plea removes the need for a trial, victims have a right under the Code to make a Victim Impact Statement (VIS) to the Police, explaining how the crime has affected them. If the case proceeds to a sentencing hearing (including after a guilty plea), the VIS is delivered as evidence and the court will take into account all the circumstances of the case, including the VIS, in determining sentence. This is already set out within the current Code, but we have sought views through the consultation on how to improve communication with victims on making a VIS and on how well sentencing decisions are explained to and understood by victims.