Victims and Courts Bill

Debate between Lord Stevens of Kirkwhelpington and Baroness Brinton

Committee stage
Monday 9th February 2026 Lords Chamber

[Baroness Brinton (LD)]

My Lords, I tabled Amendment 42 in this group to ensure that certain parts of the victims’ code apply to victims whose close relative was the victim of murder, manslaughter or infanticide outside the UK. I am very grateful to the noble Lord, Lord Russell, and the noble Baroness, Lady Finlay, for supporting the amendment, and for going into some detail. I will endeavour not to repeat what they have said.

I am grateful for the meeting with the Minister last week, during which she mentioned the new guidance that has been recently updated. It is a good document, but it gives the victims no formal rights at all and relies on two different people—the FCDO case manager and the Homicide Service officer, provided by the charity Victim Support—to help them navigate the system. I am sure that this guidance will help improve the service from its previous iteration, but the experience of families who have a loved one killed abroad is that it can be inconsistent. Some victims also receive fragmented, delayed updates about their case, and they often have to chase information themselves, not just with Victim Support or the FCDO but within the country.

Support from the Homicide Service is currently discretionary. This can leave families without dedicated help after the trauma if there are no resources. Having it in the victims’ code will ensure certainty for victims in receiving a service, despite the many differences and difficulties of dealing with the complex arrangements abroad. It is also clear from the guidance that only a certain level of financial help is available to victims from Homicide Service caseworkers. Finally, despite what is written in the guidance, many families have to find and pay for translation services themselves, and there is a risk of inconsistency in service provision. Having it in the victims’ code would ensure that the onus is no longer placed on the victim to get documents translated. This would also give families parity of support with foreign nationals who are victims in the UK, or with UK nationals whose first language is not English.

Turning to the other amendments, we on these Benches support Amendment 37, on the extension of the victim contact scheme, tabled by the noble and learned Lord, Lord Keen of Elie. This will probably be no surprise to him, given that it was tabled by Jess Brown-Fuller MP, my honourable friend in the House of Commons. I did write to the noble and learned Lord after it was tabled, asking him to withdraw the amendment, as we on these Benches had decided that we wanted to re-table it here in the House of Lords, as per our convention. The PBO told us recently that they received no such request, but that does not diminish our support for it.

I also signed Amendments 47A and 47B, tabled by the noble Lord, Lord Russell of Liverpool. The first seeks to ensure that victims of persistent anti-social behaviour have access to victim support services provided by local police and crime commissioners. These services are only available to victims as defined by the victims’ code of practice. Persistent anti-social behaviour is not just tiresome and irritating: it can have a traumatising psychological effect on victims. I am particularly reminded of the late Baroness Newlove talking about the local youths who made her and her family’s lives an absolute misery before they brutally murdered her husband. If the police cannot stop it, then surely victims should be able to get support locally. Amendment 47B proposes that each victim have a unique identifier, to be used with all the different agencies involved in their experience. Given the debate we have had today on many of the amendments, this identifier might well solve some of the problems alluded to about different parts of the system and different bodies not understanding or even knowing what was going on.

At the moment, the experience of sharing data between relevant agencies can be woeful, and this number would strengthen the system. It would mean risk assessments can work better, as well as monitoring compliance with the victims’ code and improving communication and collaboration across agencies.

I have also signed Amendments 55, 56 and 57 from the noble Lord, Lord Ponsonby, which tackle the problem that the noble Lord, Lord Russell, referred to earlier, of how hospitals ensure that they balance the needs of the victim with those of a patient who has murdered a family member of the victim. At the moment, unfortunately, because of the code of ethics that medical practitioners are bound by, the balance is in the patient is their absolute priority, which can mean that victims of the most serious crimes cannot know where the offenders, the patients, are, or if there are any changes in the care that they might need to know about, which might include such things as short-term home release. This is much less than the information that is available when an offender is in prison, and the process for the victim to ask for information involves asking a victim liaison officer at the hospital, who will ask for the information from the clinicians. That is two Chinese walls between the victim and the person providing the information. Because, once behind hospital walls, there is no evidence that the medics balance or give due regard to the safety and well-being of victims, and this is very retraumatising for the victims.

I also wonder sometimes whether medical practitioners do not get to see all the relevant data about the actual act and the consequences for the victim. From these Benches, we support proposals that would ensure that the medical professionals must take a balanced approach when deciding whether to provide information to the victim and must write to the victim to explain when they have decided not to take that balanced view. There should also be an appeal mechanism. These amendments would ensure that right 11 of the victims’ code is delivered for victims, giving them the same right of requesting that information from prisons and from other bodies where a patient might be held.

[Lord Stevens of Kirkwhelpington (CB)]

My Lords, in general I support these amendments, particularly those put forward by my noble friend Lady Finlay. Having been in charge of some of these investigations over a long period of time, take it from me that they are very difficult, indeed nearly impossible, when the victim dies outside the jurisdiction. In a lot of cases, in the old days, talking to the DPP, some of us went out there personally to actually do the investigations. It was difficult in a way that is not necessary, and I think that what has been outlined by my noble friend is absolutely common sense. In the old days, if I might refer to them, things were a bit simpler: we dealt with the police, who were sometimes not quite up to our standards, and we tried to form some relationship. However, things have got more difficult in terms of the technical side of the law, so I make a kind of brief supplication, basically, as a practitioner over a long period of time: I really think that some of these amendments would have a massive effect on securing justice for victims, particularly in those places where we do not have any jurisdiction whatever.