Victims and Courts Bill (First sitting)

Debate between Adam Thompson and Alex Brewer
Alex Brewer Portrait Alex Brewer (North East Hampshire) (LD)
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Q What do you think will be the impact of the new definition of “victim” for the purposes of the victim contact scheme?

Katie Kempen: We think it is clear and makes it quite accessible. From our perspective, if possible, we would like to see the eligibility for the victim contact scheme to go to all victims of domestic abuse. As Nicole mentioned, a person might not be convicted of a DA-related offence, but there is none the less an impact on the victim. You have referred to flagging as part of the sentencing review, and we think that could help. Where possible, we would like to see it extended. However, it seems as though the reforms will make it easier and clearer for victims to access support information.

Baroness Newlove: I agree.

Dame Nicole Jacobs: I would just underscore for the Committee that the inclusion of children is very important. I recently published a report on children, “Victims in their own right?”—that question mark was on purpose. One aspect of the report was mapping 700 services for children in England and Wales, and the fact that one in five say that they do not have adequate funding, which had led to curtailment.

If I had to name one of the largest gaps we have in victim services—I would say there are gaps across the board—it is the huge gap in relation to children. That goes back to this continual theme. Under the Victims and Prisoners Act, we have the duty to collaborate. I was a huge champion for that, and I am now very involved in its enactment, but it does not create any new funds for services for victims; it says to local areas, “You have a duty to collaborate on the funding streams that currently exist”.

I would say that a huge gap in this Bill is a duty to fund community-based services. Without wishing to embarrass Katie by talking about the incredible work that is done by Victim Support, there is a range of services that are the foundation of support for victims. They do not sit in core budgets like other kinds of public services do. That is one thing we have to fundamentally address for victims to have that kind of end-to-end support. I will not labour it any more, but I have to point out the biggest gap. It is great to have children defined, but what does that mean?

Katie Kempen: The reality for us is that the budgets for commissioning services are being cut, so the services that we can provide are being cut. The increase in national insurance contributions has obviously hit the sector really hard as well. We support all this work to improve the victim experience, but it needs to go hand in hand with a well-resourced victim sector that can take victims from the point of the crime occurring—even pre-charge and pre-contacting the police—right to the end of the criminal justice process.

Baroness Newlove: Can I bring it back to the information for victims? The one thing I am really concerned about is the importance of what information is given to victims, because it is very patchy. They are being told, “We cannot tell you whether the offender has been released”, and they cannot be told where the offender lives or what the offender knows about their exclusion zones. I truly welcome the fact that we will hopefully turn it into a restriction zone, because I have mapped my life out, and I have three offenders who know exactly where I am.

More importantly, the information takes too long and is very clunky. The victim liaison officer tries to do as much as they can, but I think this is an ideal opportunity—I am looking at the Minister—to let the victim know that, if the offender has been released, he does not live in the area; he lives 300 miles away. That gives comfort. I have met a victim who is petrified that the offender lives near her, because nobody will tell her where the offender is. We are not saying police must pinpoint where he is, but, if that offender lives 300 miles away, she can at least go out the door and go to the shops without feeling that he will be around the corner. That is really important. Why are we nervous about sharing information about offenders when offenders can know a lot about victims?

Adam Thompson Portrait Adam Thompson (Erewash) (Lab)
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Q Good morning to you all. Baroness Newlove, you published a report last year on the experiences of victims of antisocial behaviour. To what extent do you think the Bill’s antisocial behaviour measures meet the recommendations of your report?

Baroness Newlove: Antisocial behaviour is my drum. I absolutely welcome that the commissioner is now able to explore the treatment of victims of antisocial behaviour—I have been going on about that for many years—but there are still challenges that victims face.

I really like that it will allow an investigation of how the housing agencies and associations treat victims, because it is like ping pong with these housing associations—I welcome that. I challenged the Victims and Prisoners Act because victims should expect to be entitled to the right support under the victims code. Victims of persistent antisocial behaviour should fall under the victims code. Trying to get people to understand the impact of antisocial behaviour as a crime—and it is a crime—is all down to how much the victim reports. That is where we need better understanding.

I also want a statutory threshold for ASB case reviews, and I want an independent chair for ASB case reviews, because I am tired of agencies marking their own homework. More importantly, I want the victim to be able to go to this, because you are talking about them and the impact on them, yet they are not invited. For me, that is really important. I welcome anything for antisocial behaviour, and I would like the Government to look at the report’s recommendations and see what else we can add.

Victims and Courts Bill (Second sitting)

Debate between Adam Thompson and Alex Brewer
Adam Thompson Portrait Adam Thompson (Erewash) (Lab)
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Q We have heard a number of times today how this Bill can work in tandem with the Crime and Policing Bill in several areas. Could you comment on how the two Bills will work together to tackle antisocial behaviour?

Alex Davies-Jones: I am grateful for that question. It is important to note that the criminal justice system is a system: it only works with every element of it slotting together. Therefore, the Bill does work in tandem with the Crime and Policing Bill, which is currently before the House. There are a number of measures in that Bill around respect orders, giving police the power to seize off-road bikes without a warrant, and new powers in this Bill, working in conjunction with the Victims’ Commissioner, on a duty to collaborate involving different agencies, for example. All these fit together, and it is important that we look at this holistically.

There were a number of measures that were raised today, and a number of witnesses raised measures that are not in this Bill. I stress to Committee members that a lot of work is happening behind the scenes. I am happy to discuss the work that is being done on measures raised as not necessarily being in this Bill, because we have got a number of reviews taking place in the MOJ at the moment. You will all be aware of the recently published sentencing review, and there is a courts review being conducted by Sir Brian Leveson. All this needs to fit together holistically; it cannot be done in isolation. There will future legislation coming forward as well, so it is important not to pin everything down in every Bill just because we have the opportunity to do so. It needs to fit and be rightly considered and reviewed before we do so.

Alex Brewer Portrait Alex Brewer
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Q I want to follow up on parental responsibility. I know we have talked about this a lot, but I think it is really important. To follow up on your point about appeals through the family court, have you looked into alternatives to that, such as appeals through a different court or no appeals at all?

Alex Davies-Jones: I suppose that could be considered, but the family court is currently the route that is available to someone to appeal. By preventing an appeal, you would get into a whole swathe of issues, and you could be in a very difficult situation if there was no route to appeal. We are aware of the issues in the family court and, as I have just said, it is important to not take this Bill in isolation. A lot of work is being done in the Ministry of Justice to look at how we improve the family court, not least through the work we are doing on pathfinder courts and ensuring that the voice of the child is centred in proceedings considering children. It is very difficult, but I do not envisage any mechanism where you could introduce a measure such as this and not have the right to appeal. Given that the family court is the most appropriate route for that, and where they hear those proceedings, it would not be practical to create a different mechanism. I do not see it fitting and being realistic in any other way.