Courts and Tribunals Bill (First sitting) Debate

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Department: Ministry of Justice
None Portrait The Chair
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Order.

Dame Vera Baird: No, it is not at all disrespectful. Natalie Fleet, who has also been abused, takes the opposite view. She does not want to be weaponised, Kieran, and that is a very sound point. None the less, her example is appalling, and nobody could doubt her. The man was acquitted, but a judge believed her, so what is your argument now? Judges are not fair.

Alex McIntyre Portrait Alex McIntyre (Gloucester) (Lab)
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Q Thank you for the amazing work you do for victims—it is a shame that respect is not being afforded across this room today. Victims are at the centre of this, and we should try to remember that in the debate.

To bring it back to victims—you referred to this, Claire—the Bill makes changes to the bad character evidence. Can you go into a bit more detail on what that is like from a victim’s perspective to have to go through a line of questioning about bad character evidence? Why is it so important that we are changing it?

Claire Waxman: These are important safeguards that need come in to better protect victims during the cross-examination process. I have to say that most victims I speak to who have gone through the cross-examination process—and this is not just rape victims—describe it as “brutal”. That is their word, not mine. They feel that it is often an experience to try to undermine their credibility at every point.

We have seen the use of past sexual behaviour or past sexual allegations to somehow undermine credibility. We have also seen it with compensation: as I said, it is a right under the victims code to be told about compensation, yet victims trying to access compensation is being weaponised and used as a way to undermine credibility. Many victims feel like they are the ones on trial, and they are being scrutinised. Putting in these important safeguards will help to improve that experience, so that they do not feel like they are under attack.

As I say, you are going to hear from victims shortly, one of whom has gone through that very experience, and I urge you all to listen to them. That is really important, because they are the ones with lived experience—they are living and breathing this delayed criminal justice system. Delays are not the only issue for victims; it is also about the treatment that they experience throughout the criminal justice system. Both need to be dealt with to really reduce victim attrition and improve victim satisfaction.

None Portrait The Chair
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We are going to move on, because there are a lot of questions to get in.

--- Later in debate ---
None Portrait The Chair
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Alex, ask your question too, and then there will be a minute to answer it.

Alex McIntyre Portrait Alex McIntyre
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Q Thank you, Chair. I have had the privilege of listening to all of you speak before; thank you very much for being here. I think you were all here when Sir Brian Leveson was giving evidence earlier. He said that the only way to tackle delays was to do all three: reform, investment and modernisation.

As victim-survivors, how would you feel if the Government adopted the Opposition’s proposal, which is to only do two of those three things and leave one on the table that might speed up the delays in the criminal justice system? Do you think the Government would be going far enough if they left options on the table?

None Portrait The Chair
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Last word, witnesses—over to you.

Jade Blue McCrossen-Nethercott: I think we need to go full force. Now is the time for change. This is a once-in-a-lifetime opportunity to—I am not going to swear—get stuff done. If we do not do it now, it would be a missed opportunity. It is about centring lived experience: all these rippling changes being put forward will have trickling effects on the wider justice system, including support services. Centring victims’ voices in that is pivotal.

Charlotte Meijer: Agreed.