Asked by: Keir Starmer (Labour - Holborn and St Pancras)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, when he plans to publish proposals to introduce a victims' law.
Answered by Mike Penning
In the Queen’s Speech we made a commitment to bring forward measures to increase the rights of victims of crime. Further detail on our plans will be published in due course.
Asked by: Keir Starmer (Labour - Holborn and St Pancras)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps he has taken to introduce a Victims' Law since May 2015.
Answered by Mike Penning
In the Queen’s Speech we made a commitment to bring forward measures to increase the rights of victims of crime. Further detail on our plans will be published in due course.
Asked by: Keir Starmer (Labour - Holborn and St Pancras)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps the Government has taken to transpose the EU Directive on Victims' Rights into UK law.
Answered by Mike Penning
The Ministry of Justice fully transposed the EU Victims’ Directive 2012/29/EU (the Victims’ Directive) on 16 November 2015. In conjunction with existing legislation, the Code of Practice for Victims of Crime (Victims' Code) is the main mechanism used to transpose the Victims’ Directive into the law of England and Wales.
The UK government is responsible for transposing the Directive in England and Wales. The Devolved Administrations are also required to implement the Directive under their devolved powers and we have been working closely with them to do so.
The transposition table which sets out how we have implemented the Victims’ Directive through the Victims’ Code can be found at:
http://www.legislation.gov.uk/uksi/2015/1817/pdfs/uksitn_20151817_en.pdf
In the Queen’s Speech we made a commitment to bring forward measures to increase the rights of victims of crime. Further detail on our plans will be published in due course.
Asked by: Keir Starmer (Labour - Holborn and St Pancras)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps he is taking to introduce victim awareness training for lawyers in accordance with Article 25 of Directive 2012/29/EU.
Answered by Mike Penning
The proper treatment of vulnerable victims and witnesses is a priority for the Government.
Under the Code of Practice for Victims of Crime, criminal justice service providers are required to treat victims in a respectful, sensitive and professional manner without discrimination of any kind. It also requires service providers to communicate with victims in simple and accessible language, taking appropriate measures where possible to assist victims to understand and be understood.
The Ministry of Justice is working with the legal professions to devise a requirement that all publicly-funded advocates in sexual offences cases must undertake specialist training on working with vulnerable victims and witnesses. A report of the review of ways to reduce distress that some victims suffer from cross-examination in trials of sexual violence was published in March 2014 on the government website and is available at the following link: https://www.gov.uk/government/publications/report-on-review-of-ways-to-reduce-distress-of-victims-in-trials-of-sexual-violence. The requirement was a recommendation from the review and is intended to change attitudes and behaviours of advocates by equipping them with knowledge and skills for dealing with children and vulnerable people in trials of such offences. The Legal Aid Agency will implement this requirement in due course, and only those advocates who have done the training will be able to be instructed in and undertake serious sexual offences cases.
The Crown Prosecution Service (CPS) has a wide range of training on victim awareness for its lawyers. The CPS has developed a number of online e-Learning courses which specifically relate to victims. These are: The Victims’ Code; Victim Personal Statements; Supporting Vulnerable Victims and Witnesses; The Prosecutors’ Pledge; and Special Measures.
The CPS has also recently consulted publicly on the draft guidance on prosecutors speaking to victims and witnesses at court, and training is being designed to underpin that guidance once it is finalised.
Asked by: Keir Starmer (Labour - Holborn and St Pancras)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps he is taking to introduce a victims' right to review decisions taken by the police not to prosecute in accordance with Article 11 of Directive 2012/29/EU.
Answered by Mike Penning
The Ministry of Justice has carried out a detailed analysis of the EU Victims’ Directive and we are on track to transpose the EU Victims’ Directive by November. Our main mechanism for describing victims’ rights is the Victims’ Code – a statutory code of practice.
A consultation on the proposed revision of the Code was launched by the MoJ on 16th July 2015 and will run until 16 August 2015. The consultation is available at the following link: https://www.gov.uk/government/consultations/revising-the-victims-code
Subject to consultation, the revised Victims’ Code will clarify that when the police or CPS make a decision not to prosecute, the victim is entitled to receive reasons why a decision was made not to prosecute, how they can access further information about the decision and how they can access a review of that decision in accordance with the respective victim right to review scheme.
Asked by: Keir Starmer (Labour - Holborn and St Pancras)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps he is taking to ensure compliance with Directive 2012/29/EU on ensuring minimum rights for victims by 16 November 2015.
Answered by Mike Penning
The Ministry of Justice has carried out a detailed analysis of the EU Victims’ Directive and we are on track to transpose the EU Victims’ Directive by November. Our main mechanism for describing victims’ rights is the Victims’ Code – a statutory code of practice.
A consultation on the proposed revision of the Code was launched by the MoJ on 16th July 2015 and will run until 16 August 2015. The consultation is available at the following link: https://www.gov.uk/government/consultations/revising-the-victims-code
Subject to consultation, the revised Victims’ Code will clarify that when the police or CPS make a decision not to prosecute, the victim is entitled to receive reasons why a decision was made not to prosecute, how they can access further information about the decision and how they can access a review of that decision in accordance with the respective victim right to review scheme.
Asked by: Keir Starmer (Labour - Holborn and St Pancras)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of existing victim support services to assess whether the UK will comply with Directive 2012/29/EU ensuring minimum rights for victims by 16 November 2015; and if he will publish the results of that assessment.
Answered by Mike Penning
Following public consultation in 2012 the Ministry of Justice moved to a model where Police and Crime Commissioners are responsible for commissioning the majority of support services for victims of crime. While it is for Police and Crime Commissioners to determine local priorities for support for victims, they are required, under the terms of their grant funding, to provide or commission services which, when taken together with relevant existing provision, will satisfy the requirements of the Victims’ Directive (and in particular Articles 8 and 9). Police and Crime Commissioners are required to demonstrate to the Ministry of Justice how compliance with the conditions of the grant have been satisfied.
Some services for victims remain nationally commissioned, by the Ministry of Justice, such as the national homicide service and court based witness service, and male and female rape support services. Where services have been nationally commissioned by the MoJ, the requirements on the service include that they are consistent with the requirements of the EU Directive on victims. Management of the grants for nationally commissioned services for victims will include ongoing assessment of how services for victims support delivery of the requirements of the EU Directive.
In England & Wales the Government will discharge its responsibilities under the Victims’ Directive (establishing minimum standards on the rights, support and protection of victims of crime) not just through the victim support services funded by the Ministry of Justice and other Government departments, but also through other existing statutory and voluntary service provision.
Asked by: Keir Starmer (Labour - Holborn and St Pancras)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, when he plans to publish a Victims' Bill to enshrine key rights for victims in law.
Answered by Mike Penning
We will publish draft clauses in due course.
Asked by: Keir Starmer (Labour - Holborn and St Pancras)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what his policy is on the UK remaining a party to the European Convention on Human Rights; and if he will make a statement.
Answered by Dominic Raab
The government will legislate for a Bill of Rights to protect our fundamental rights, prevent abuse of the system and restore some common sense to our human rights laws.
Our plans do not involve us leaving the European Convention on Human Rights. That is neither our objective nor our policy. However, our number one priority is to restore some balance to our human rights laws, so no option is off the table for the future.