Asked by: Kevin Brennan (Labour - Cardiff West)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what recent steps his Department has taken to improve communication with victims on (a) individual court cases, (b) sentencing and (c) custodial circumstances of offenders who perpetrated crime against them.
Answered by Laura Farris - Parliamentary Under Secretary of State (Ministry of Justice) (jointly with Home Office)
The Victims’ Code sets out the services victims are entitled to receive in England and Wales from criminal justice agencies, including the police, the Crown Prosecution Service, Courts, and Probation Services. This includes being provided with information by the police’s Witness Care Unit about the progress of their case, including the date and time of any hearings and the outcomes. If there is a conviction, the Witness Care Unit will tell victims about the sentence. Any questions a victim has about the sentence will be passed to the Crown Prosecution Service. Bereaved families of victims of homicide can also meet with the crown prosecutor.
Victims who are eligible to join the Victim Contact Scheme, which are victims in cases where the offender receives a sentence of 12 months or more for a for a specified violent or sexual offence, will be given information about the prisoner by His Majesty’s Prisons and Probation Service’s Victim Liaison Officers, such as whether they are eligible to move to open conditions and when they are going to be released.
More widely, the Victims and Prisoners Bill has measures to improve how the services under the Victims’ Code are delivered, by improving data collection and sharing, strengthening local and national oversight of performance, and increasing the transparency of how the criminal justice system delivers for victims. We will publicly consult on the draft for the new Victims' Code after the Bill has completed its passage through Parliament. As part of that consultation, we are open to whether further updates may be useful, including to how communication with victims might be improved.
Asked by: Lord Garnier (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what the average tariff length in months for murder was in (1) 2022, and (2) 2023.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
The information requested in PQ HL1418 can be found in the attached table.
The information requested in PQ HL1419 is set out as follows:
The average (mean) tariff for murderers (excluding whole life cases) sentenced in 2022 is 257 months and 2023 is 264 months. Tariff information for 2023 is a subset of data published on 25 January 2024. It is subject to change – please see information under Data sources and quality.
Year of Sentence | Mean Tariff (months) |
2022 | 257 |
2023* | 270 |
Data sources and quality
Note that the minimum term is the time between date of sentence and tariff expiry date. The numbers are subject to revision as more data become available; any changes in the numbers since the last publication of this information is as a result of more sentencing data becoming available.
The figures in these tables have been drawn from administrative IT systems which, as with any large scale recording system, are subject to possible errors with data entry and processing.
The figures are rounded to the nearest whole number.
*2023 has some missing tariff information. This PQ response gives provisional information and is subject to change as more tariff information comes in.
Asked by: Stephen Morgan (Labour - Portsmouth South)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of the adequacy of the sentencing framework for perpetrators of coercive control.
Answered by Gareth Bacon - Parliamentary Under-Secretary (Ministry of Justice)
The sentencing framework is kept under constant review by the Government. However, sentencing in individual cases is a matter for the independent courts in accordance with the sentencing guidelines, developed by the independent Sentencing Council.
The Government created the offence of Controlling and Coercive Behaviour in the Serious Crime Act 2015. Since the offence came into force in 2016, the number of people sentenced for this offence has consistently increased, nearing tenfold. The average custodial sentence length has also increased from 17.1 to 24.4 months.
In response to the independent Domestic Homicide Sentencing Review undertaken by Clare Wade KC, we have introduced legislation to create new statutory aggravating and mitigating factors for murders preceded by controlling and coercive behaviour.
The Sentencing Council have recently consulted on making a similar change to the manslaughter sentencing guideline. The Council have also introduced the Domestic Abuse Overarching Principles guideline, which came into force in May 2018. It identifies the principles relevant to the sentencing of cases involving domestic abuse, including the offence of controlling and coercive behaviour. The Council is planning to review this guideline in 2024.
Asked by: Baroness Morgan of Cotes (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government when the Ministry of Justice plans to publish a consultation on sentencing for murders committed in domestic settings, in particular (1) consulting on increasing the tariff from 15 to 25 years, and (2) consulting on the perpetrator’s hands being treated as weapons.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
On Monday 27 November, the Government launched a public consultation on a minimum term starting point in sentencing for (i) murders preceded by controlling or coercive behaviour against the murder victim, and (ii) all murders committed using a knife or other weapon. The consultation will close on 4 March 2024. The consultation can be found here.
Asked by: Catherine West (Labour - Hornsey and Wood Green)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether he has made an assessment of the potential merits of making (a) full transcripts and (b) audio recordings of hearings in the Crown Court free for victims of crime.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
The government is constantly assessing how to improve the experience and support that victims receive within the criminal justice system, including mechanisms to facilitate the access to court transcripts and audio recordings of court hearings.
We understand that the ability to access transcripts from court proceedings is an essential part of maintaining transparency and accountability within the justice system. However, there is a cost attached to transcribing lengthy audio of a hearing, which in some cases can run into thousands of pounds. Providing the full transcripts of a hearing free of charge to all crime victims, risks diverting resources away from other key services. To help with transcription costs, we have made sure that bereaved family members of victims of homicide and death by dangerous driving can get a copy of the judicial Sentencing Remarks (a specific part of the hearing) paid for by the public purse. The Ministry of Justice and HM Courts and Tribunals Service continue to seek ways to reduce the fees that victims are required to pay to obtain transcripts in criminal proceedings. In particular, we will explore how technology could be used to reduce the costs of transcription, with a view of passing on the savings to parties.
With regard to audio recordings, anyone, including victims, can apply to the court for permission to listen to the recording of the hearing at a suitable court location, free of charge and at judicial discretion.
Asked by: Sarah Olney (Liberal Democrat - Richmond Park)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of the equity of the level of the fee charged to victims to obtain court transcripts of a trial in which they were a victim.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
Accessing transcripts from proceedings in serious criminal cases is not only a fundamental right of victims but is also essential for maintaining transparency and accountability within the justice system. That is why we have provided the required technology to the Crown Courts to enable transcription of different parts of the hearing from the recordings made in all proceedings.
Providing free transcripts of the recordings made during hearings to all victims in criminal proceedings would incur in significant cost. Nevertheless, we have made sure that bereaved family members of victims of homicide and death by dangerous driving, can get a copy of the judicial sentencing remarks paid for by the public purse.
In certain serious criminal cases, a copy of the judicial sentencing remarks can be made available to the public free of charge at the judge’s discretion. Additionally, under the Code of Practice for Victims of Crime, victims in all criminal proceedings are entitled to be told the sentence the offender received, including a short explanation about the meaning and effect of the sentence, by the Witness Care Unit, which is operated by the police. If a victim has any questions about the sentence which the Witness Care Unit are unable to answer, they are entitled to be referred to the Crown Prosecution Service, who will answer any questions which the Witness Care Unit is not able to answer.
Asked by: Matthew Offord (Conservative - Hendon)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to the report prepared for the Home Office by Analytics Cambridge and QE Assessments Ltd entitled Domestic Homicide Reviews: Quantitative Analysis of Domestic Homicide Reviews October 2020 – September 2021, published in June 2022, what assessment he has made of the adequacy of the severity of punishments for domestic homicide.
Answered by Edward Argar - Minister of State (Ministry of Justice)
In March 2023 this government published the independent Domestic Homicide Sentencing Review and announced that we will be changing the law so that sentencing reflects the severity of these crimes. We will introduce statutory aggravating factors to increase sentences for murderers with a history of controlling or coercive behaviour against the victim, and for murders involving ‘overkill’ which is the use of excessive or gratuitous violence beyond that necessary to kill. Building on our ban of the ‘rough sex defence’ in the Domestic Abuse Act 2021, we also want to see longer sentences for perpetrators of so-called rough sex manslaughter and have requested that the Sentencing Council update their guidelines so that the courts can impose a higher sentence in these circumstances.
The Review makes a number of other recommendations which we are carefully considering, and our full response will be published before summer recess.
The Home Office commission the 'Quantitative Analysis of Domestic Homicide Reviews’ (DHR) reports by QE Assessments Ltd to share learning and insights from the DHR process. The cases reviewed in the QE Assessments report are likely to also feature in the cases reviewed by Clare Wade KC in the Domestic Homicide Sentencing Review.
Asked by: Matthew Offord (Conservative - Hendon)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if he will make an assessment of the implications for his policies on punishments for domestic homicide of the paper entitled Quantitative Analysis of Domestic Homicide Reviews October 2020 to September 2021, published on 12 April 2023.
Answered by Edward Argar - Minister of State (Ministry of Justice)
In March 2023 this government published the independent Domestic Homicide Sentencing Review and announced that we will be changing the law so that sentencing reflects the severity of these crimes. We will introduce statutory aggravating factors to increase sentences for murderers with a history of controlling or coercive behaviour against the victim, and for murders involving ‘overkill’ which is the use of excessive or gratuitous violence beyond that necessary to kill. Building on our ban of the ‘rough sex defence’ in the Domestic Abuse Act 2021, we also want to see longer sentences for perpetrators of so-called rough sex manslaughter and have requested that the Sentencing Council update their guidelines so that the courts can impose a higher sentence in these circumstances.
The Review makes a number of other recommendations which we are carefully considering, and our full response will be published before summer recess.
The Home Office commission the 'Quantitative Analysis of Domestic Homicide Reviews’ (DHR) reports by QE Assessments Ltd to share learning and insights from the DHR process. The cases reviewed in the QE Assessments report are likely to also feature in the cases reviewed by Clare Wade KC in the Domestic Homicide Sentencing Review.
Asked by: Tobias Ellwood (Conservative - Bournemouth East)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what steps she is taking to prevent knife crime in Bournemouth East constituency.
Answered by Chris Philp - Minister of State (Home Office)
Tackling knife crime is a priority and the Government is determined to crack down on the scourge of violence devastating our communities.
We are supporting the police every step of the way to tackle knife crime and have given them more powers and resources to go after criminals and take knives and other dangerous weapons off our streets, including through the recruitment of 20,000 additional officers and increased police funding.
As of 31 December 2022, Dorset Police has recruited 117 additional uplift officers against a total three-year allocation of 166 officers and the force has been allocated 67 additional uplift officers in the final year of the Uplift.
On 31 January, the Government confirmed a total police funding settlement of up to £17.2 billion in 2023/24, an increase of up to £313.8 million when compared to 2022/23. Dorset police’s funding will be up to £166m in 2023/24, an increase of up to £6.9m when compared to 2022/23.
Nationally, the Government has made over £110m available this financial year (23/24) to tackle serious violence, including murder and knife crime and are also providing £200m over 10 years for the Youth Endowment Fund, to build an evidence base around what works in preventing youth violence and make this accessible to practitioners.
In the Bournemouth area the Youth Endowment Fund is supporting Tavistock Relationships with £1,512,711 across sites in Bournemouth, Poole and Christchurch, offering 10 sessions of Mentalization-based therapy (MBT) for parents experiencing high levels of relationship conflict.
In the Police, Crime, Sentencing and Courts Act 2022 we have introduced
o Serious Violence Reduction Orders (SVRO); these will be piloted in four police force areas and will give police the power to stop and search adults already convicted of knife or offensive weapons offences.
o The new Serious Violence Duty created to ensure a range of specified agencies work together to address serious violence.
o New offensive weapons homicide reviews; introduced to improve the national and local understanding of causes, patterns, victims and perpetrators of violence and homicide; improve the response to serious violence on a national and local scale; and ultimately help save lives.
Lastly, on 18 April we launched a 7-week consultation on new knife legislation proposals to tackle the use of machetes and other bladed articles in crime. We are consulting on legislative measures to provide the police with more tools to disrupt knife possession and tackle knife crime. The consultation is open to the public.
Asked by: Matt Vickers (Conservative - Stockton South)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what steps the Government is taking to ensure the safety of victims of domestic abuse whilst police investigations are underway and alleged perpetrators of that abuse are on bail.
Answered by Sarah Dines
Tackling domestic abuse is a key Government priority. It is deeply harmful, not only because of the profound effect it can have on victims, survivors and their loved ones, but also because of the harm it inflicts on wider society.
Under changes to the pre-charge bail system, introduced in the Police, Crime, Sentencing and Courts Act 2022, there is a new duty on police to seek the views of victims on pre-charge bail conditions to ensure that conditions will better protect all victims, including victims of domestic abuse. Conditions of pre-charge bail are likely to include no contact with the victim and other measures for the protection and safety of the victim.
Police forces can also use protective measures such as issuing a Domestic Violence Protection Notice (DVPN) or applying to the magistrate’s court for a civil Domestic Violence Protection Order (DVPO). They can use these independently or alongside bail conditions to provide greater protection for the victim.
Frontline professionals can refer victims to their local Multi-Agency Risk Assessment Conference (MARAC), a non-statutory process that brings together statutory and voluntary agencies to jointly support adult and child victims of domestic abuse who are at a high risk of serious harm or homicide, and to disrupt and divert the behaviour of the perpetrator(s).