Police Professional | Victims’ Bill holds promise but falls short in key areas, warns Victims’ Commissioner

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

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.

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:

1. The Bill’s definition of ‘victim’;
2. 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;
3. 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;
4. The Government’s proposals to amend the role of the Victims’ Commissioner;
5. 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;
6. 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.;
7. Whether the legislative steps proposed by the Government will lead to an improvement in the commissioning of support services;
8. Whether the steps outlined by the Government will lead to increased awareness and effectiveness of ISVAs and IDVAs;
9. What implementation, resourcing and accountability challenges exist with respect to the Victims Bill;
10. Whether there any relevant international examples the committee should consider;
11. Whether the provisions of the Bill could have any implications for due process; and
12. 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/