Victims\u2019 Bill holds promise but falls short in key areas, warns Victims\u2019 Commissioner<\/h5>\n
<\/p>\n Draft legislation published last week to better support victims in the criminal justice system \u201cfalls short in key areas\u201d, the Victims\u2019 Commissioner has warned.<\/p>\n <\/span><\/p>\n \n May 30, 2022<\/span>\n <\/p>\n \n By Paul Jacques <\/p>\n<\/p><\/div>\n Dame Vera Baird QC <\/span><\/p>\n Dame Vera Baird QC said while the proposed reforms were promising, \u201cmore work is required to make significant change.\u201d<\/p>\n In particular, there was little in the proposals that would \u201cgalvanise agencies to deliver for victims\u201d, she said.<\/p>\n The draft legislation \u2013 which paves the way for the first-ever Victims\u2019 Law \u2013 was unveiled by Justice Secretary Dominic Raab who promised to put the needs and voices of victims \u201cfirmly at the heart of the justice system\u201d (see https:\/\/www.policeprofessional.com\/news\/justice-secretary-promises-to-put-victims-firmly-at-heart-of-justice-system\/<\/a>).<\/p>\n 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.<\/p>\n It will also give victims of crime the right to attend parole board hearings, query an offender\u2019s suitability for release and make it simpler for them to complain if they do not receive the correct support.<\/p>\n The Government launched a public consultation on a proposed Victims\u2019 Law in December 2021. This concluded in early February 2022 and the Victims\u2019 Commissioner submitted a 98-page consultation response to inform the draft legislation.<\/p>\n \u201cThe Victims\u2019 Bill is an opportunity to deliver a paradigm shift in the treatment of victims,\u201d said Dame Vera.<\/p>\n \u201cThe Government\u2019s published draft Bill sets out some important reforms which hold promise. The strengthening of the Victims\u2019 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.<\/p>\n \u201cThe vow to enshrine the principles in the Victims\u2019 Code in primary legislation will not deliver without corresponding responsibility and accountability mechanisms.<\/p>\n \u201cThe Code sets out the minimum standard of service that victims should expect from justice agencies. These \u2018rights\u2019 currently amount to little more than a wish list \u2013 \u2018optional extras\u2019 rather than a core part of how agencies deliver justice.<\/p>\n \u201cPutting 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.<\/p>\n \u201cYet 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.\u201d<\/p>\n Dame Vera added: \u201cIn 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 \u2018participant\u2019 within criminal justice proceedings.<\/p>\n \u201cThis 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 \u2013 bystanders to proceedings \u2013 to a core and valued constituent part of the justice system.<\/p>\n \u201cMy 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 \u2018Victim Champion\u2019 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.<\/p>\n \u201cFurthermore, it retains and strengthens the Victims\u2019 Commissioner\u2019s role in national oversight of the Victims\u2019 Code \u2013 a crucial accountability mechanism that must be in place to drive real change.<\/p>\n 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.<\/p>\n Sir Bob Neill, chair of the Justice Committee, said: \u201cThe 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.\u201d<\/p>\n He said the inquiry will be undertaken at the Ministry of Justice\u2019s request, as part of a formal process of pre-legislative scrutiny of the draft Victims Bill.<\/p>\n The Committee is inviting written evidence on whether the draft Bill meets the Government\u2019s aim of delivering a \u201ccultural shift\u201d in victims\u2019 experiences by putting their interests at the heart of the justice system.<\/p>\n It is also seeking evidence on the following points:<\/p>\n Dame Vera said: \u201cI look forward to engaging with the pre-legislative scrutiny process to continue to press for these necessary reforms and ensure that the eventual Victims\u2019 Act delivers for those who need it most.\u201d<\/p>\n The deadline for submissions is Friday June 10. Visit https:\/\/committees.parliament.uk\/call-for-evidence\/2647\/<\/a><\/p>\n<\/p><\/div>\n![](\"https:\/\/www.policeprofessional.com\/wp-content\/uploads\/2020\/10\/Dame-Vera-Baird.jpg\"\/)
<\/a>\n <\/div>\n\n