Victims’ Bill holds promise but falls short in key areas, warns Victims’ Commissioner
Draft legislation published last week to better support victims in the criminal justice system “falls short in key areas”, the Victims’ Commissioner has warned.
Dame Vera Baird QC said while the proposed reforms were promising, “more work is required to make significant change.”
In particular, there was little in the proposals that would “galvanise agencies to deliver for victims”, she said.
The draft legislation – which paves the way for the first-ever Victims’ Law – was unveiled by Justice Secretary Dominic Raab who promised to put the needs and voices of victims “firmly at the heart of the justice system” (see https://www.policeprofessional.com/news/justice-secretary-promises-to-put-victims-firmly-at-heart-of-justice-system/).
He said the Bill will improve the support victims receive and strengthen oversight of criminal justice agencies such as the Crown Prosecution Service, Probation Service and police.
It will also give victims of crime the right to attend parole board hearings, query an offender’s suitability for release and make it simpler for them to complain if they do not receive the correct support.
The Government launched a public consultation on a proposed Victims’ Law in December 2021. This concluded in early February 2022 and the Victims’ Commissioner submitted a 98-page consultation response to inform the draft legislation.
“The Victims’ Bill is an opportunity to deliver a paradigm shift in the treatment of victims,” said Dame Vera.
“The Government’s published draft Bill sets out some important reforms which hold promise. The strengthening of the Victims’ Code is welcome and the removal of the requirement for an MP to support a complaint to the Ombudsman removes an important barrier to the very final complaint route in the justice system. However, the Bill as it stands is not sufficient and falls short in key areas.
“The vow to enshrine the principles in the Victims’ Code in primary legislation will not deliver without corresponding responsibility and accountability mechanisms.
“The Code sets out the minimum standard of service that victims should expect from justice agencies. These ‘rights’ currently amount to little more than a wish list – ‘optional extras’ rather than a core part of how agencies deliver justice.
“Putting the essence of these rights into legislation is a foundational step toward elevating the status and treatment of victims. This should strengthen victim entitlements and clarify what victims should expect from the criminal justice system.
“Yet there is little in the proposals that seem set to galvanise these agencies to deliver for victims. There is no clear, defining vision of the role of the victim in a case, and few incentives to drive agencies to consider the needs and rights of a victim at every stage of proceedings.”
Dame Vera added: “In my consultation response, I set out clearly how England and Wales should adopt the Australian model, pioneered in Victoria, of the victim as an active and valued ‘participant’ within criminal justice proceedings.
“This is a distinct legal status within the criminal justice system, separate from that of the wider public. It accords victims formal status within proceedings and the delivery of their rights is an inherent requirement and core function of the system. It is the cultural shift from agencies viewing victims as peripheral to their function – bystanders to proceedings – to a core and valued constituent part of the justice system.
“My 98-page consultation response included a wealth of recommendations that propose and will embed a cultural shift in how victims are treated. This includes mechanisms currently missing in the draft Bill, such as a local complaints system, with a ‘Victim Champion’ to assist victims in accessing their Code rights. It also includes important protections for some of the most vulnerable victims, including ensuring that rape victims can access pre-trial therapy without the risk of their notes being disclosed to their perpetrators.
“Furthermore, it retains and strengthens the Victims’ Commissioner’s role in national oversight of the Victims’ Code – a crucial accountability mechanism that must be in place to drive real change.”
Domestic Abuse Commissioner Nicole Jacobs said the draft Victims’ Bill was “a step in the right direction” but was also disappointed that it did not include a legal duty on statutory agencies to provide community-based services.
“The importance of multi-agency working is critical to ensure victims and survivors receive wrap around support and are provided with a consistent response across the various organisations that they encounter,” she said. “This must be underpinned by sustainable long-term funding so that every victim can receive the help and support when they need it, and where they need it.
“It is very welcome to see that the draft legislation establishes a statutory definition for the community-based services provided by independent sexual violence advisers (ISVA) and independent domestic violence advisers (IDVAs) to ensure that these vital roles are more consistent.
“IDVAs help domestic abuse victims and survivors to navigate their way from abusive relationship to safety by helping them get access to housing, mental health support for them and their children as well as support through the courts and probation services among other services.
“However, the Bill must go further. We need to recognise that no one size fits all and we must ensure that this type of support is also embedded in ‘by and for’ specialist services so that black and minoritised, LGBT+, deaf and disabled survivors also get the help they need to navigate their journey out of domestic abuse.”
Ms Jacobs added: “The importance of wider community-based services can’t be underestimated for survivors of domestic abuse. Advocacy alone will not deliver the help and support that victims need to recover from domestic abuse, and we need to look more broadly at a range other support services.
“These community-based services include mental health support and counselling for victims and children, access to helplines, practical advice, perpetrator interventions and support through the criminal and family courts.
“With this in mind, I am disappointed that the draft Bill does not include a legal duty on statutory agencies to provide community-based services. This is something that I will be working hard to address as this legislation goes through its Parliamentary journey.
“I will also be asking the Government to create a national fund of £262.9 million over three years for ‘by and for’ specialist organisations. These are organisations run by minoritised groups that provide specialist support for the communities they serve.
“This legislation provides us with another significant opportunity to ensure that no victim or survivor is left behind when it comes to accessing support and services. It’s one that we should all seize upon.”
The Justice Committee will now examine the draft Bill to assess the adequacy of its policy objectives and key provisions. Dame Vera Baird will appear before the committee on June 14.
Sir Bob Neill, chair of the Justice Committee, said: “The committee welcomes the opportunity to closely examine and make constructive recommendations on this draft legislation. We hope the Bill, and our contribution, can lead to improved outcomes for victims in the criminal justice system, which can prove stressful, complicated and painful for members of the public in the wake of traumatic experiences.”
He said the inquiry will be undertaken at the Ministry of Justice’s request, as part of a formal process of pre-legislative scrutiny of the draft Victims Bill.
The committee is inviting written evidence on whether the draft Bill meets the Government’s aim of delivering a “cultural shift” in victims’ experiences by putting their interests at the heart of the justice system.
It is also seeking evidence on the following points:
- The Bill’s definition of ‘victim’;
- The Government’s proposal to put the overarching principles of the Victims’ Code in primary legislation and set out key entitlements in secondary legislation, consulting on changes to the Code once the Bill is in force;
- The key changes the Government should consider making to the Victims’ Code, including consideration of those already proposed by the Government in its response to the consultation;
- The Government’s proposals to amend the role of the Victims’ Commissioner;
- The Government’s proposals to place a duty on the relevant criminal justice agencies (the police, the Crown Prosecution Service, HM Courts and Tribunals Service, Youth Offending Teams and HM Prison and Probation Service) to collect data and keep under review their delivery of the Code;
- The Government’s proposals on the role of the inspectorates, including an improved focus on victims, and a new power for the Government to direct aspects of their work.;
- Whether the legislative steps proposed by the Government will lead to an improvement in the commissioning of support services;
- Whether the steps outlined by the Government will lead to increased awareness and effectiveness of ISVAs and IDVAs;
- What implementation, resourcing and accountability challenges exist with respect to the Victims Bill;
- Whether there any relevant international examples the committee should consider;
- Whether the provisions of the Bill could have any implications for due process; and
- Whether there should be any further measures included in the Bill.
Dame Vera said: “I look forward to engaging with the pre-legislative scrutiny process to continue to press for these necessary reforms and ensure that the eventual Victims’ Act delivers for those who need it most.”
The deadline for submissions is Friday June 10. Visit https://committees.parliament.uk/call-for-evidence/2647/