Recommendations & Conclusions
48 items
1
Conclusion
Second Report - Pre-legislative scrutin…
Acknowledged
The Committee welcomes the opportunity to scrutinise the draft Victims Bill and supports the Government’s ambition to improve victims’ awareness of their rights under the Victims’ Code. The Code is an important aspect of the Bill. It is disappointing that neither the draft of the proposed new Code nor the …
Read more
The Committee welcomes the opportunity to scrutinise the draft Victims Bill and supports the Government’s ambition to improve victims’ awareness of their rights under the Victims’ Code. The Code is an important aspect of the Bill. It is disappointing that neither the draft of the proposed new Code nor the draft regulations setting out the key entitlements of that Code have been published alongside the draft Bill. This has limited our ability to scrutinise the Government’s proposals to support victims (Paragraph 5) Clause 1, defining victims of crime
Show less
Government response AI summary
The government recognized the importance of Parliamentary oversight and committed to considering how best to provide Parliament with necessary information about the Victims' Code regulations during the Bill's passage.
Read full response →
Ministry of Justice
2
Conclusion
Second Report - Pre-legislative scrutin…
Accepted
In relation to the inclusion of witnesses in the definition of victim, no reference is made to the impact, if any, that the crime has had upon the witness. Some witnesses are certainly traumatised by the nature of the crimes they have been exposed to— incidents of violence are an …
Read more
In relation to the inclusion of witnesses in the definition of victim, no reference is made to the impact, if any, that the crime has had upon the witness. Some witnesses are certainly traumatised by the nature of the crimes they have been exposed to— incidents of violence are an obvious example—and there is logic in treating them as victims. Others may be unaffected. Further refinement is required, otherwise such a wide definition of witness may actually make the application of Code rights more difficult in practice. The Government also needs to set out what effect the inclusion of witnesses will have on the application of rights under the Code in general.
Show less
Government response AI summary
The government agreed witnesses should be confined to those suffering harm, stating this is already accounted for in Clause 1's definition, and clarified that the inclusion of witnesses in the Bill does not impact the Code's application as it already allows for differentiated entitlements.
Read full response →
Ministry of Justice
3
Recommendation
Second Report - Pre-legislative scrutin…
Accepted
As currently drafted, a victim of small-scale fraud is considered a victim of crime for the purposes of the Bill but a parent whose child has been murdered is not. This cannot be right. We recommend that the definition of victim in clause 1 of the Bill be expanded to …
Read more
As currently drafted, a victim of small-scale fraud is considered a victim of crime for the purposes of the Bill but a parent whose child has been murdered is not. This cannot be right. We recommend that the definition of victim in clause 1 of the Bill be expanded to include a close relative of a person whose death was directly caused by a criminal offence. As set out in the current Code, such a definition should refer to the spouse, the partner, the relatives in direct line, the siblings and the dependants of the victim and that other family members, including guardians and carers, may be considered close relatives at the discretion of the service provider.
Show less
Government response AI summary
The government committed to amending the Bill to include bereaved families as victims ahead of introduction and will carefully consider how to define specific relatives in legislation.
Read full response →
Ministry of Justice
4
Recommendation
Second Report - Pre-legislative scrutin…
Accepted
The existing Code makes no reference to rights for secondary victims of crime, specifically rape-conceived persons. Clause 2(4) sets out that the Code may make provision for those not defined as ‘victims’ in clause 1. This provides scope to extend Code entitlements to children born of rape but as drafted …
Read more
The existing Code makes no reference to rights for secondary victims of crime, specifically rape-conceived persons. Clause 2(4) sets out that the Code may make provision for those not defined as ‘victims’ in clause 1. This provides scope to extend Code entitlements to children born of rape but as drafted lacks the necessary assurances that this will happen and, being unsighted on any draft of an updated Code, we cannot be reassured that provisions in the Code will be extended to that group. We recommend that both the Bill and an updated Code make specific reference to the inclusion of rights under the Code for children born of rape.
Show less
Government response AI summary
The government agreed on the need for clarity and intends to explicitly reference persons born as a result of rape in the definitions of a victim in both the Bill and the new Code.
Read full response →
Ministry of Justice
5
Recommendation
Second Report - Pre-legislative scrutin…
Rejected
We recommend that victims of non-criminal anti-social behaviour who meet the threshold for a ‘Community Trigger’ should be recognised as victims for the purposes of the Bill and be entitled to rights under the revised Victims’ Code. We think this is in line with the Government’s aim of achieving a …
Read more
We recommend that victims of non-criminal anti-social behaviour who meet the threshold for a ‘Community Trigger’ should be recognised as victims for the purposes of the Bill and be entitled to rights under the revised Victims’ Code. We think this is in line with the Government’s aim of achieving a culture change in the attitude towards victims among criminal justice agencies and recognises that anti- social behaviour can have as much of an impact on those affected by it as criminal conduct. (Paragraph 17) 52 Pre-legislative scrutiny of the draft Victims Bill
Show less
Government response AI summary
The government acknowledged the impact of anti-social behaviour but stated it would continue to support those affected outside of the Bill and Code, referencing existing plans and funding instead.
Read full response →
Ministry of Justice
6
Conclusion
Second Report - Pre-legislative scrutin…
Rejected
Many victims of crime do not pursue a criminal justice response, particularly those most at risk of being victims. We generally welcome the draft Bill’s open definition of victim, subject to our comments in paragraph 10, but it needs to go further. All those who have suffered harm must be …
Read more
Many victims of crime do not pursue a criminal justice response, particularly those most at risk of being victims. We generally welcome the draft Bill’s open definition of victim, subject to our comments in paragraph 10, but it needs to go further. All those who have suffered harm must be able, and have the confidence, to contact services such as the police, and to access their rights as victims. The lack of a firewall between the police and Immigration Enforcement denies safety to victims and witnesses and may allow perpetrators to commit further offences.
Show less
Government response AI summary
The government acknowledges the committee's points but rejects the premise that changes are needed to create a firewall between police and immigration enforcement, stating that data sharing restrictions are not considered operable. It notes existing police discretion and specific protocols being developed for domestic abuse …
Read full response →
Ministry of Justice
7
Recommendation
Second Report - Pre-legislative scrutin…
Rejected
We call for an immediate end to the sharing of victims’ and witnesses’ data between the police and the Home Office for immigration enforcement purposes and the introduction of a complete firewall for those groups. We recommend that the draft Bill includes a provision stating that victims’ and witnesses’ data …
Read more
We call for an immediate end to the sharing of victims’ and witnesses’ data between the police and the Home Office for immigration enforcement purposes and the introduction of a complete firewall for those groups. We recommend that the draft Bill includes a provision stating that victims’ and witnesses’ data cannot be shared by the police with Immigration Enforcement and that entitlements in the Code will not be restricted on the basis of immigration status. (Paragraph 22) Clauses 2 to 4, the Code of Practice for Victims of Crime
Show less
Government response AI summary
The government rejects the recommendation for an immediate end to data sharing between police and the Home Office for immigration enforcement and the introduction of a complete firewall, citing a Home Office review that found such restrictions inoperable. It notes existing police discretion and specific …
Read full response →
Ministry of Justice
8
Conclusion
Second Report - Pre-legislative scrutin…
Rejected
As drafted, the Victims Bill does not appear to enshrine the Victims Code in law any more than is already provided for. The four overarching principles in the draft Bill are so broad and permissive that it is not clear that they serve any significant legal purpose. The current Code …
Read more
As drafted, the Victims Bill does not appear to enshrine the Victims Code in law any more than is already provided for. The four overarching principles in the draft Bill are so broad and permissive that it is not clear that they serve any significant legal purpose. The current Code appears to comply with these principles, and it is hard to envisage any future Code not complying with them as a matter of course.
Show less
Government response AI summary
The government rejects the conclusion that the Bill's principles lack significant legal purpose, asserting they protect the Code's underlying purpose and, combined with existing safeguards and new oversight, will encourage desired culture change.
Read full response →
Ministry of Justice
9
Recommendation
Second Report - Pre-legislative scrutin…
Rejected
The Government should publish its proposed draft of an updated Victims’ Code and the draft regulations setting out the key entitlements of the Code at the same time as the Victims Bill is presented to Parliament to provide clarity for Members of both Houses as to what the Bill seeks …
Read more
The Government should publish its proposed draft of an updated Victims’ Code and the draft regulations setting out the key entitlements of the Code at the same time as the Victims Bill is presented to Parliament to provide clarity for Members of both Houses as to what the Bill seeks to do. The regulations setting out victims’ key entitlements under the Code should be subject to the affirmative resolution procedure to allow parliamentary scrutiny of its provisions.
Show less
Government response AI summary
The government will ensure Parliament receives sufficient information but explicitly rejects the recommendation for the regulations to be subject to the affirmative resolution procedure, stating that public consultation and laying the revised Code in Parliament provide appropriate scrutiny.
Read full response →
Ministry of Justice
10
Conclusion
Second Report - Pre-legislative scrutin…
Rejected
We are not convinced that the overarching principles, as drafted, are strong enough to drive the necessary cultural change in the treatment of victims in the criminal justice system. The approach taken retains the onus on the victim to claim rights they are often unaware of rather than requiring the …
Read more
We are not convinced that the overarching principles, as drafted, are strong enough to drive the necessary cultural change in the treatment of victims in the criminal justice system. The approach taken retains the onus on the victim to claim rights they are often unaware of rather than requiring the relevant agencies to deliver them. As set out, this approach falls short of what is required.
Show less
Government response AI summary
The government rejects the conclusion that the overarching principles are not strong enough to drive cultural change, stating they protect the Code's purpose and, combined with existing safeguards and new oversight provisions, will ensure compliance without needing changes.
Read full response →
Ministry of Justice
11
Recommendation
Second Report - Pre-legislative scrutin…
Accepted
We recommend that clause 2 includes an additional subsection following subsection 1 which places an obligation on the relevant statutory services, including but not limited to the police, to make victims aware of the Victims Code. We further recommend that the principles currently set out in subsection 2 should be …
Read more
We recommend that clause 2 includes an additional subsection following subsection 1 which places an obligation on the relevant statutory services, including but not limited to the police, to make victims aware of the Victims Code. We further recommend that the principles currently set out in subsection 2 should be rephrased to set out what victims must have rather than should have—as provided for in the original consultation document. We suggest the following: i) criminal justice agencies must provide victims with the information they need throughout the entirety of their case, from reporting through to post- conviction in a language or format that they can understand; this should include information on restorative justice where appropriate; Pre-legislative scrutiny of the draft Victims Bill 53 ii) victims must be able to access services which support them (including, where appropriate, specialist services); iii) victims must have the opportunity to have their voices heard in the criminal justice process; iv) victims must be able to challenge decisions that directly impact them.
Show less
Government response AI summary
The government committed to accepting the recommendation to place an obligation on statutory services to make victims aware of the Victims’ Code and will develop an appropriate framework. However, it rejected rephrasing principles from 'should' to 'must' for operational flexibility.
Read full response →
Ministry of Justice
12
Conclusion
Second Report - Pre-legislative scrutin…
Rejected
Clause 3 obliges the Secretary of State to consult the Attorney General on preparing a draft of the Code and on any amendment to it. That obligation should be extended to include the Home Secretary, Victims’ Commissioner, Domestic Abuse Commissioner and Children’s Commissioner for all amendments.
Read more
Clause 3 obliges the Secretary of State to consult the Attorney General on preparing a draft of the Code and on any amendment to it. That obligation should be extended to include the Home Secretary, Victims’ Commissioner, Domestic Abuse Commissioner and Children’s Commissioner for all amendments.
Show less
Government response AI summary
The government rejects extending the statutory obligation to consult other Secretaries of State and Commissioners in legislation. It states consultation with the Home Secretary will occur by convention and it is usual practice to consult key stakeholders, but does not consider it necessary to list …
Read full response →
Ministry of Justice
13
Recommendation
Second Report - Pre-legislative scrutin…
Rejected
As drafted, the Bill fails to adequately address the issue of agencies’ non-compliance with the Code—we are concerned by this given that it is one of the principal reasons for the Bill. We have already recommended strengthening the principles in clause 2; that recommendation, combined with an increase to the …
Read more
As drafted, the Bill fails to adequately address the issue of agencies’ non-compliance with the Code—we are concerned by this given that it is one of the principal reasons for the Bill. We have already recommended strengthening the principles in clause 2; that recommendation, combined with an increase to the powers of the Victims’ Commissioner, which we discuss elsewhere in this Report, may go some way to improving levels of compliance with the Code. However, we recommend that the Government gives further consideration to this crucial aspect of the Bill before presenting it to Parliament.
Show less
Government response AI summary
The government rejects the recommendation to give further consideration to agencies' non-compliance with the Code, stating that existing safeguards and new oversight provisions in Clause 5 will encourage compliance, making further changes unnecessary.
Read full response →
Ministry of Justice
14
Recommendation
Second Report - Pre-legislative scrutin…
Acknowledged
Community Impact Statements are not new and the Government itself acknowledges that little is known about their use. We recommend that the Government undertakes further research on how Community Impact Statements have been used and provides guidance to support any further promotion of their use.
Read more
Community Impact Statements are not new and the Government itself acknowledges that little is known about their use. We recommend that the Government undertakes further research on how Community Impact Statements have been used and provides guidance to support any further promotion of their use.
Show less
Government response AI summary
The government states it asked for information on Community Impact Statements in a consultation and is committed to providing further information in the Victims' Code. However, it will only 'consider whether research... would be helpful' on their use.
Read full response →
Ministry of Justice
15
Recommendation
Second Report - Pre-legislative scrutin…
Acknowledged
We support the Government’s proposal to give a victim of a mentally disordered offender the right to submit a Victim Personal Statement to a Mental Health Tribunal. We recognise that there are particular sensitivities in the Mental Health Tribunal which differ from those in the prison and parole system, not …
Read more
We support the Government’s proposal to give a victim of a mentally disordered offender the right to submit a Victim Personal Statement to a Mental Health Tribunal. We recognise that there are particular sensitivities in the Mental Health Tribunal which differ from those in the prison and parole system, not least that a person who has been sectioned is deemed to lack capacity for their actions. In introducing this entitlement the Government must be mindful of the potential for retraumatisation, and the creation of unrealistic expectations if victims believe that their views might influence the tribunal’s decision. The Government should ensure that adequate counselling support is in place before rolling out this measure.
Show less
Government response AI summary
The government agreed on the importance of clear communication and support for victims submitting Victim Personal Statements to Mental Health Tribunals but will consider how to implement this effectively ahead of the new Victims’ Code publication.
Read full response →
Ministry of Justice
16
Recommendation
Second Report - Pre-legislative scrutin…
Acknowledged
To aid close relatives of victims of mentally disordered offenders to cope and recover from their trauma, the Government should consider whether further information could be provided on the nature of the offender’s illness and how it impacted upon the motives for their actions. Without any such context and understanding, …
Read more
To aid close relatives of victims of mentally disordered offenders to cope and recover from their trauma, the Government should consider whether further information could be provided on the nature of the offender’s illness and how it impacted upon the motives for their actions. Without any such context and understanding, the recovery of the victim or their close relative is far harder.
Show less
Government response AI summary
The government committed to considering the complex issue of sharing further information about an offender’s illness with close relatives to aid recovery, while balancing patient confidentiality.
Read full response →
Ministry of Justice
17
Conclusion
Second Report - Pre-legislative scrutin…
Acknowledged
There is room for improvement to the Right to Review schemes and the communication of them to victims. The details of the schemes in the Code need to be clearer and the CPS and police need to improve their performance in informing victims of the schemes’ existence and how they …
Read more
There is room for improvement to the Right to Review schemes and the communication of them to victims. The details of the schemes in the Code need to be clearer and the CPS and police need to improve their performance in informing victims of the schemes’ existence and how they operate, including a victim’s right to make representations under those schemes. Witnesses to our inquiry made a number 54 Pre-legislative scrutiny of the draft Victims Bill of recommendations on how the Right to Review schemes could be improved. We have set these out in this Report and recommend the Government give each of them due consideration.
Show less
Government response AI summary
The government acknowledged concerns about Right to Review schemes and committed to working with police and CPS to assess recommendations and make information in the Code clearer, with further changes to be considered for appropriate updates.
Read full response →
Ministry of Justice
18
Conclusion
Second Report - Pre-legislative scrutin…
Accepted
The Government’s Root and Branch Review of the Parole System merits more consideration than we have had opportunity to give to it during our scrutiny of the draft Victims Bill. It is a policy area we are likely to return to in the future. In the meantime, we wish to …
Read more
The Government’s Root and Branch Review of the Parole System merits more consideration than we have had opportunity to give to it during our scrutiny of the draft Victims Bill. It is a policy area we are likely to return to in the future. In the meantime, we wish to highlight the concerns raised in this inquiry regarding the potential for victim participation in the parole process to lead to retraumatisation of the victim without effective support from trained counsellors. Such support needs to be in place before the policy is rolled out and will require additional funding from the Government.
Show less
Government response AI summary
The government accepted the recommendation, stating it is putting measures in place for emotional support, and will introduce victim observation of parole hearings through a limited testing phase in the South West Probation Region, offering pathways to professional support.
Read full response →
Ministry of Justice
19
Conclusion
Second Report - Pre-legislative scrutin…
Acknowledged
Attending court can be a daunting experience for a victim, with potential to be confusing and retraumatising. We agree in principle with the Government’s ambition for the CPS in high harm cases to support victims through that process and to keep them informed. However, any further demands on the CPS …
Read more
Attending court can be a daunting experience for a victim, with potential to be confusing and retraumatising. We agree in principle with the Government’s ambition for the CPS in high harm cases to support victims through that process and to keep them informed. However, any further demands on the CPS should be matched with the additional resources required. The best way to support victims is to have an efficient and effective criminal justice system. Any steps to divert already constrained CPS resources from their core prosecutorial task may have an adverse effect on the timely delivery of justice and, ultimately, provide a worse experience for victims.
Show less
Government response AI summary
The government agreed that new expectations on the CPS must be properly resourced and is reviewing current communication procedures, considering a duty to meet victims, which will be underpinned by a thorough assessment of required resources.
Read full response →
Ministry of Justice
20
Recommendation
Second Report - Pre-legislative scrutin…
Rejected
A right to information about restorative justice and how to access local restorative justice services is already an entitlement in the Code but it is clear that it is not being delivered consistently. Our predecessor Committee’s 2016 report on restorative justice recommended that the Victims’ Law should include a provision …
Read more
A right to information about restorative justice and how to access local restorative justice services is already an entitlement in the Code but it is clear that it is not being delivered consistently. Our predecessor Committee’s 2016 report on restorative justice recommended that the Victims’ Law should include a provision for victims to have a legislative right to access restorative justice services. That is also our view and we recommend that that right be included in the Bill as we have set out in paragraph 34.
Show less
Government response AI summary
The government committed to making information about restorative justice more consistently available but explicitly rejected a legislative right to access restorative justice, deeming it impractical or inappropriate due to its voluntary nature.
Read full response →
Ministry of Justice
21
Recommendation
Second Report - Pre-legislative scrutin…
Acknowledged
The decision whether to accede to a disclosure request of counselling notes and third-party material should not rest solely on the shoulders of victims, many of whom are vulnerable and traumatised. There is a case for providing independent legal advice for vulnerable victims facing disclosure requests and the Government should …
Read more
The decision whether to accede to a disclosure request of counselling notes and third-party material should not rest solely on the shoulders of victims, many of whom are vulnerable and traumatised. There is a case for providing independent legal advice for vulnerable victims facing disclosure requests and the Government should consider this further alongside its consultation on third party material. We welcome the work the Government is doing to ensure that disclosure requests are proportionate.
Show less
Government response AI summary
The government is considering responses to two consultations related to third-party material and enhanced victim support, and will shortly publish its response to one, but has not yet committed to providing independent legal advice.
Read full response →
Ministry of Justice
22
Conclusion
Second Report - Pre-legislative scrutin…
Accepted
The primary purpose of counselling is therapeutic not investigative. The law should still allow for disclosure of those notes where their probative value merits it; but the reasonable grounds test must be respected and enforced effectively if victim confidence in the criminal justice system is to be sustained.
Read more
The primary purpose of counselling is therapeutic not investigative. The law should still allow for disclosure of those notes where their probative value merits it; but the reasonable grounds test must be respected and enforced effectively if victim confidence in the criminal justice system is to be sustained.
Show less
Government response AI summary
The government states the recommendation reflects its existing position and that recently published CPS guidance already clarifies that third-party material should only be considered when necessary, proportionate, and relevant to a reasonable line of enquiry.
Read full response →
Ministry of Justice
23
Recommendation
Second Report - Pre-legislative scrutin…
Rejected
We recommend that the Code includes a right for victims whose cases are heard in the Crown Court to be offered a free transcript of the judge’s sentencing remarks, in a format that they can access, and that bereaved families should be offered a free transcript of the Coroner’s findings …
Read more
We recommend that the Code includes a right for victims whose cases are heard in the Crown Court to be offered a free transcript of the judge’s sentencing remarks, in a format that they can access, and that bereaved families should be offered a free transcript of the Coroner’s findings after an inquest. (Paragraph 83) Pre-legislative scrutiny of the draft Victims Bill 55 Clause 5, review of compliance with the Victims’ Code
Show less
Government response AI summary
The government rejects making free transcripts of judge's sentencing remarks a universal Code right, citing existing fees and appropriateness, and states bereaved families can already receive Coroner's findings free of charge.
Read full response →
Ministry of Justice
24
Conclusion
Second Report - Pre-legislative scrutin…
Acknowledged
A lack of data has been a key barrier to the effective monitoring of the implementation of the Code, particularly with respect to minority groups. Meaningful data collected and published regularly can help amplify victims voices and hold underperforming agencies to account. We welcome the duty the Bill places on …
Read more
A lack of data has been a key barrier to the effective monitoring of the implementation of the Code, particularly with respect to minority groups. Meaningful data collected and published regularly can help amplify victims voices and hold underperforming agencies to account. We welcome the duty the Bill places on the criminal justice bodies to collect data on their compliance with the Code at a local level and to share that data with their PCC. We have set out some suggestions on what data should be collected.
Show less
Government response AI summary
The government agrees on the importance of data collection and will consider the committee's suggestions as it develops the minimum dataset required for monitoring compliance.
Read full response →
Ministry of Justice
25
Recommendation
Second Report - Pre-legislative scrutin…
Accepted
We recommend that clause 5 includes a duty for the Victims’ Commissioner and local victims’ groups to be consulted on the data required to hold agencies to account on their performance in delivering the Code. That data should be standardised to allow comparison across police areas. The duty should also …
Read more
We recommend that clause 5 includes a duty for the Victims’ Commissioner and local victims’ groups to be consulted on the data required to hold agencies to account on their performance in delivering the Code. That data should be standardised to allow comparison across police areas. The duty should also require the PCCs to publish that data, in a form that can be disaggregated by crime type and protected characteristic, and to share that data with the Victims’ Commissioner and, where necessary, the inspectorates. There will need to be safeguards within any data collection agreements to ensure that the duty does not compromise victims and survivors’ confidentiality or jeopardise their ability to consent to access services and support.
Show less
Government response AI summary
The government commits to consulting the Victims’ Commissioner and local victims’ groups on data collection requirements and will explore publishing standardised, disaggregated data, considering how to share it and ensure confidentiality.
Read full response →
Ministry of Justice
26
Recommendation
Second Report - Pre-legislative scrutin…
Acknowledged
We support the Government’s ambition to improve transparency in the delivery of the Code. However, transparency and roundtable discussions will only go so far in improving performance without any enforcement mechanism. The Government should set out in the guidance provided for in clause 5(6) the escalation routes available to PCCs …
Read more
We support the Government’s ambition to improve transparency in the delivery of the Code. However, transparency and roundtable discussions will only go so far in improving performance without any enforcement mechanism. The Government should set out in the guidance provided for in clause 5(6) the escalation routes available to PCCs where there are concerns about an agency’s compliance with the Code and the quality of outcomes for victims. We do not believe that PCCs should be able to direct the work of agencies independent of them, but they should be able to raise concerns with bodies that do have this power. We therefore recommend that the guidance includes the right for PCCs to make representations to and share data with the inspectorates and the Victims’ Commissioner. (Paragraph 95) Clauses 6 to 8, collaboration in the provision of support services
Show less
Government response AI summary
The government agrees that national oversight and an escalation route are fundamental, stating it will 'consider this recommendation' while developing relevant guidance, including how insights from the Victims’ Commissioner and inspectorates can be incorporated.
Read full response →
Ministry of Justice
27
Recommendation
Second Report - Pre-legislative scrutin…
Accepted
We welcome the duty to collaborate. This duty, however, should also include providers of children’s services to ensure the needs of child victims are met and to help facilitate the flow of necessary information between agencies. It is unclear whether the duty to collaborate is intended to support the provision …
Read more
We welcome the duty to collaborate. This duty, however, should also include providers of children’s services to ensure the needs of child victims are met and to help facilitate the flow of necessary information between agencies. It is unclear whether the duty to collaborate is intended to support the provision of victim support services to those who do not make contact with or have withdrawn from the criminal justice system. We call on the Government to ensure that those people are included.
Show less
Government response AI summary
The government will update the Bill to require commissioners to specifically consider child victims' needs in their strategies and states the Bill's current definition of a victim already ensures support for those not in contact with the criminal justice system.
Read full response →
Ministry of Justice
28
Recommendation
Second Report - Pre-legislative scrutin…
Accepted
We recommend that clause 8(3) also includes reference to section 3 of the Domestic Abuse Act 2021, namely that children can be victims of domestic abuse in their own right. Doing so will provide assurance that commissioners of support services must also consider the specific needs of child victims of …
Read more
We recommend that clause 8(3) also includes reference to section 3 of the Domestic Abuse Act 2021, namely that children can be victims of domestic abuse in their own right. Doing so will provide assurance that commissioners of support services must also consider the specific needs of child victims of domestic abuse and the adequacy of the provision of referral pathways. We further recommend that the statutory guidance advises the authorities to undertake a needs assessment for child victims in their community and addresses the difficulties child victims of abuse experience in accessing pre-trial therapeutic support. (Paragraph 102) 56 Pre-legislative scrutiny of the draft Victims Bill
Show less
Government response AI summary
The government agrees to amend the Bill to include reference to Section 3 of the Domestic Abuse Act 2021 to capture children as victims in their own right. It will also update the Bill to require commissioners to specifically consider the needs of child victims …
Read full response →
Ministry of Justice
29
Recommendation
Second Report - Pre-legislative scrutin…
Accepted
The duties on bodies responsible for commissioning victim support services are complex and they are supported by multiple funding streams. The Government should use the Victims Bill and the guidance provided under the duty to collaborate to draw these different duties and funding models together, to ensure that they work …
Read more
The duties on bodies responsible for commissioning victim support services are complex and they are supported by multiple funding streams. The Government should use the Victims Bill and the guidance provided under the duty to collaborate to draw these different duties and funding models together, to ensure that they work cohesively on the ground. If this legislation simply adds new duties to an already crowded landscape, then it will be incredibly challenging for the relevant agencies to deliver on all pieces of legislation effectively.
Show less
Government response AI summary
The government states that the Victims Bill's duty to collaborate and the existing Victims Funding Strategy aim to bring together complex duties and funding models, and it will continue to consider further transparency.
Read full response →
Ministry of Justice
30
Recommendation
Second Report - Pre-legislative scrutin…
Acknowledged
PCC, local authority and health board areas are rarely coterminous. This will necessarily add complexity to collaboration and the development of a single strategy for the delivery of victim support services for each police area. In setting guidance to the relevant authorities on their duty to collaborate, the Government must …
Read more
PCC, local authority and health board areas are rarely coterminous. This will necessarily add complexity to collaboration and the development of a single strategy for the delivery of victim support services for each police area. In setting guidance to the relevant authorities on their duty to collaborate, the Government must include clear guidance around governance and accountability.
Show less
Government response AI summary
The government will consider how statutory guidance might be used to clarify which local authorities and ICBs fall within each police area and to establish governance and accountability arrangements for non-coterminous areas.
Read full response →
Ministry of Justice
31
Conclusion
Second Report - Pre-legislative scrutin…
Accepted
We are concerned that the duty to collaborate does not go far enough to ensure that vital, community-based support services are available to victims of domestic and sexual abuse. The duty must be strengthened to require the agencies described to collaborate and commission community-based services. That duty should be accompanied …
Read more
We are concerned that the duty to collaborate does not go far enough to ensure that vital, community-based support services are available to victims of domestic and sexual abuse. The duty must be strengthened to require the agencies described to collaborate and commission community-based services. That duty should be accompanied by an appropriate, multi-year funding package. Without the necessary funding in place the Bill risks raising victims’ awareness of their rights only to leave them unable to access them due to the relevant services already working at full capacity.
Show less
Government response AI summary
The government rejects strengthening the duty to collaborate but commits to increased multi-year funding for victim services, including a minimum of £460 million over three years for PCC-funded services and an additional £20 million for NHS England for sexual and domestic abuse services.
Read full response →
Ministry of Justice
32
Recommendation
Second Report - Pre-legislative scrutin…
Accepted
We recognise the challenges for local commissioners in identifying and funding small or highly specialist services, and for those services to access commissioned funding. We recommend that the Government put in place a national multi-year ring-fenced fund to ensure specialist support services are supported and for that funding to be …
Read more
We recognise the challenges for local commissioners in identifying and funding small or highly specialist services, and for those services to access commissioned funding. We recommend that the Government put in place a national multi-year ring-fenced fund to ensure specialist support services are supported and for that funding to be available in the simpler grant form. This fund should complement a responsibility on PCCs, health and local authorities to commission ‘by and for’ services, including through co-commissioning at a regional level where necessary.
Show less
Government response AI summary
The government commits up to £6 million for 'by and for' services and £2.5 million for specialist services over two years (2023/24-2024/25), but rejects placing a specific responsibility on local commissioners to commission 'by and for' services.
Read full response →
Ministry of Justice
33
Conclusion
Second Report - Pre-legislative scrutin…
Rejected
Commissioning of support services for victims works best when commissioners have an accurate understanding of need. As drafted, the Bill requires the authorities to consider any needs assessment they may have carried out in preparing the strategy. This needs to be strengthened to require the authorities to undertake the needs …
Read more
Commissioning of support services for victims works best when commissioners have an accurate understanding of need. As drafted, the Bill requires the authorities to consider any needs assessment they may have carried out in preparing the strategy. This needs to be strengthened to require the authorities to undertake the needs assessments identified in clause 6(4), and to do so before a strategy is developed. In making those assessments commissioners should be mindful of the potential for under-reporting in areas where there may be a lack of specialist representation, for example with respect to male victims of abuse, or LGBT+ and other victims with protected characteristics who may require support services.
Show less
Government response AI summary
The government rejected strengthening the Bill to require new needs assessments, arguing that existing processes and the Bill's current wording on using existing assessments are sufficient and new requirements would be duplicative. They will, however, consider how statutory guidance can support commissioners.
Read full response →
Ministry of Justice
34
Recommendation
Second Report - Pre-legislative scrutin…
Acknowledged
The statutory guidance to be provided by the Government should include advice on addressing the potential for under-representation in the needs assessment. It should also include signposting to specialist support for those groups that may be available elsewhere or at a regional or national level. (Paragraph 115) Pre-legislative scrutiny of …
Read more
The statutory guidance to be provided by the Government should include advice on addressing the potential for under-representation in the needs assessment. It should also include signposting to specialist support for those groups that may be available elsewhere or at a regional or national level. (Paragraph 115) Pre-legislative scrutiny of the draft Victims Bill 57 Clauses 9 to 10, IDVAs and ISVAs
Show less
Government response AI summary
The government committed to carefully considering the recommendation to include advice on addressing under-representation and signposting to specialist support when developing statutory guidance.
Read full response →
Ministry of Justice
35
Recommendation
Second Report - Pre-legislative scrutin…
Rejected
ISVAs and IDVAs have a valuable role in supporting vulnerable victims through the criminal justice process. Defining their role in statute and the amendment to the Criminal Procedure Rules will raise their profile further and should go some way to addressing concerns of inconsistent access to the court room. We …
Read more
ISVAs and IDVAs have a valuable role in supporting vulnerable victims through the criminal justice process. Defining their role in statute and the amendment to the Criminal Procedure Rules will raise their profile further and should go some way to addressing concerns of inconsistent access to the court room. We recommend that the Government monitors IDVA and ISVA access to the court. The accompanying guidance should set out clearly that those who meet the criteria of being an ISVA or IDVA have a right to support complainants at hearings and that the presumption should be for access to the court to be granted.
Show less
Government response AI summary
The government rejected monitoring IDVA and ISVA access to court, stating it's a matter for the judiciary and unnecessary given existing legal provisions for court access. However, they will clearly set out in statutory guidance that victims have the right to be supported by ISVAs …
Read full response →
Ministry of Justice
36
Recommendation
Second Report - Pre-legislative scrutin…
Rejected
We recommend that the Bill includes the entire definition of a domestic abuse victim as it appears in the Domestic Abuse Act 2021. We further recommend that the Bill also defines Independent Sexual Violence Advisors and Independent Domestic Violence Advisors who support children—so called CHIDVAs and CHISVAs.
Read more
We recommend that the Bill includes the entire definition of a domestic abuse victim as it appears in the Domestic Abuse Act 2021. We further recommend that the Bill also defines Independent Sexual Violence Advisors and Independent Domestic Violence Advisors who support children—so called CHIDVAs and CHISVAs.
Show less
Government response AI summary
The government rejected defining CHIDVAs and CHISVAs in legislation, stating these roles are less established. They will carefully consider how statutory guidance might clarify how ISVAs and IDVAs should support the needs of children and young people.
Read full response →
Ministry of Justice
37
Conclusion
Second Report - Pre-legislative scrutin…
Accepted
Clause 9(3) states that the guidance may include provision on the role, functions and appropriate training and qualifications of an ISVA and IDVA. We find no reason why it should not be required to do so. If a role is to be recognised in statute it is not unreasonable to …
Read more
Clause 9(3) states that the guidance may include provision on the role, functions and appropriate training and qualifications of an ISVA and IDVA. We find no reason why it should not be required to do so. If a role is to be recognised in statute it is not unreasonable to suggest the criteria defining that role be also set out, not least if people performing that function are to have consequent rights such as being allowed to support complainants in court. The Ministry of Justice will also need to clarify how any guidance produced with respect to ISVAs corresponds to existing guidance published by the Home Office.
Show less
Government response AI summary
The government accepted the recommendation to change the Bill to require guidance on the role, functions, training, and qualifications of ISVAs and IDVAs. The Ministry of Justice and Home Office are collaborating to ensure new ISVA statutory guidance builds on and replaces existing Home Office …
Read full response →
Ministry of Justice
38
Recommendation
Second Report - Pre-legislative scrutin…
Accepted
Guidance on appropriate training and qualifications for the independent advisors must be co-designed with the expert services already in the sector who have established and grown those roles and should be drafted in such a way that does not discredit the specialism of other advocacy models or those specialising in …
Read more
Guidance on appropriate training and qualifications for the independent advisors must be co-designed with the expert services already in the sector who have established and grown those roles and should be drafted in such a way that does not discredit the specialism of other advocacy models or those specialising in particular areas, where training and provision may differ to reflect the diverse needs of their clients. We further recommend that the guidance stipulates that ISVAs and IDVAs must be independent from the police and that access to their services is not restricted to people engaged in the criminal justice system.
Show less
Government response AI summary
The government agreed to co-design statutory guidance with support sector experts and has already begun this engagement. They also committed to working with other departments to consider how the independence of ISVA and IDVA roles might be reflected in guidance, noting their support for victims …
Read full response →
Ministry of Justice
39
Conclusion
Second Report - Pre-legislative scrutin…
Accepted
The Victims Bill will likely put additional strain on already stretched services as victims of domestic or sexual abuse become more aware of their rights. Advocacy services already face unmanageable referral levels and caseloads. Additional funding is required to enable services to meet demand and allow the Victims Bill to …
Read more
The Victims Bill will likely put additional strain on already stretched services as victims of domestic or sexual abuse become more aware of their rights. Advocacy services already face unmanageable referral levels and caseloads. Additional funding is required to enable services to meet demand and allow the Victims Bill to live up to its ambitions. (Paragraph 129) Clause 11, the Victims’ Commissioner
Show less
Government response AI summary
The government stated it has increased funding for support services, including £34 million ringfenced for ISVAs and IDVAs in 2022/23. They committed to increasing the number of MoJ-funded ISVAs/IDVAs by 300 to over 1,000 by 2024/25 and will continue to monitor demand.
Read full response →
Ministry of Justice
40
Recommendation
Second Report - Pre-legislative scrutin…
Accepted
We support the then Minister’s ambition for the role of the Victims’ Commissioner to have ‘even greater national prominence.’ We recommend that the Victims’ Commissioner retains a duty to oversee the operation of the Victims’ Code at a national level. Clause 11(2)(a) should not be included in the Bill.
Read more
We support the then Minister’s ambition for the role of the Victims’ Commissioner to have ‘even greater national prominence.’ We recommend that the Victims’ Commissioner retains a duty to oversee the operation of the Victims’ Code at a national level. Clause 11(2)(a) should not be included in the Bill.
Show less
Government response AI summary
The government will amend the Bill to retain the Victims’ Commissioner’s duty to oversee the operation of the Victims’ Code at a national level and will implement this change ahead of introduction.
Read full response →
Ministry of Justice
41
Recommendation
Second Report - Pre-legislative scrutin…
Accepted
We welcome the Government’s proposal for those subject to recommendations in the Victims’ Commissioner’s Annual Report to be required to reply to 58 Pre-legislative scrutiny of the draft Victims Bill those recommendations and to do so within 56 days. We recommend that the requirement is extended to include the Victim’s …
Read more
We welcome the Government’s proposal for those subject to recommendations in the Victims’ Commissioner’s Annual Report to be required to reply to 58 Pre-legislative scrutiny of the draft Victims Bill those recommendations and to do so within 56 days. We recommend that the requirement is extended to include the Victim’s Commissioner’s thematic reports to help support their recommendations being taken forward. We note that such a requirement already exists with respect to reports produced by the Domestic Abuse Commissioner.
Show less
Government response AI summary
The government agreed that agencies within the Victims’ Commissioner’s remit should be required to respond to all reports, including thematic reports, and committed to implementing this change ahead of the Bill's introduction.
Read full response →
Ministry of Justice
42
Recommendation
Second Report - Pre-legislative scrutin…
Accepted
We recommend that the Victims Bill places a duty on HM Inspectorate of Constabulary and Fire and Rescue Services, HM Inspectorate of Probation, HM Inspectorate of Prisons and HM Crown Prosecution Service Inspectorate to consult the Victims’ Commissioner annually on how the victims’ experiences should be incorporated into their ongoing …
Read more
We recommend that the Victims Bill places a duty on HM Inspectorate of Constabulary and Fire and Rescue Services, HM Inspectorate of Probation, HM Inspectorate of Prisons and HM Crown Prosecution Service Inspectorate to consult the Victims’ Commissioner annually on how the victims’ experiences should be incorporated into their ongoing programme of inspections. (Paragraph 136) Clause 12, joint inspections relating to victims
Show less
Government response AI summary
The government accepts the recommendation, agreeing that inspectorates should be required to consult with the Victims’ Commissioner annually, and will seek to implement this change by developing a framework with relevant bodies.
Read full response →
Ministry of Justice
43
Recommendation
Second Report - Pre-legislative scrutin…
Accepted
We agree with the Government’s intention to increase the inspectorates’ focus on victims. The inspectorates should be required to consult the Victims’ Commissioner and consider representations and data from PCCs as part of the development of their work programme.
Read more
We agree with the Government’s intention to increase the inspectorates’ focus on victims. The inspectorates should be required to consult the Victims’ Commissioner and consider representations and data from PCCs as part of the development of their work programme.
Show less
Government response AI summary
The government agrees with the recommendation that inspectorates should consult the Victims’ Commissioner and will seek to implement this change, working closely to develop a framework. Data sharing with PCCs is addressed in a separate response.
Read full response →
Ministry of Justice
44
Conclusion
Second Report - Pre-legislative scrutin…
Accepted
We support the Government’s intention to improve monitoring mechanisms of agencies’ performance with respect to victims and note the Government’s plans to work with the inspectorates to develop a ratings system. A crucial part of this work will be ensuring that there are adequate levers in place to ensure that …
Read more
We support the Government’s intention to improve monitoring mechanisms of agencies’ performance with respect to victims and note the Government’s plans to work with the inspectorates to develop a ratings system. A crucial part of this work will be ensuring that there are adequate levers in place to ensure that those agencies that are found to be failing victims take the necessary steps to improve their performance. One of those levers should be reinspection. We look forward to the further development of these proposals (Paragraph 145) Clause 13, the PHSO
Show less
Government response AI summary
The government accepted the recommendation, stating that reinspection is already utilized by inspectorates and will play a helpful role in driving up improvement for agencies found to be failing victims.
Read full response →
Ministry of Justice
45
Conclusion
Second Report - Pre-legislative scrutin…
Accepted
There is a broad parliamentary and stakeholder approval for the removal of the need for a victim of crime to raise a complaint via an MP before it can be escalated to the Parliamentary and Health Service Ombudsman. This move is long overdue. We support the proposal and also call …
Read more
There is a broad parliamentary and stakeholder approval for the removal of the need for a victim of crime to raise a complaint via an MP before it can be escalated to the Parliamentary and Health Service Ombudsman. This move is long overdue. We support the proposal and also call on the Government to consider taking forward the Ombudsman’s request to allow victims to make a complaint in formats other than in writing. Alongside the removal of the MP filter the Government and Ombudsman service should take steps to increase the visibility of the Ombudsman service to victims of crime. (Paragraph 148) Other matters
Show less
Government response AI summary
The government agreed to increase the visibility of the PHSO, stating they are working on improving access to and quality of materials on complaints and that the PHSO is conducting outreach work. However, the response did not address the removal of the MP filter or …
Read full response →
Ministry of Justice
46
Conclusion
Second Report - Pre-legislative scrutin…
Rejected
Measures to support victims set out in the Victims Bill and Code should not be diminished by reforms to the Human Rights Act. The safeguards provided by that Act are also important given the weaknesses in the Victims Bill with respect to the ability for individuals to enforce their rights …
Read more
Measures to support victims set out in the Victims Bill and Code should not be diminished by reforms to the Human Rights Act. The safeguards provided by that Act are also important given the weaknesses in the Victims Bill with respect to the ability for individuals to enforce their rights under the Victims’ Code.
Show less
Government response AI summary
The government believes its Bill of Rights will strengthen victim protection and states that no changes to either the Victims Bill or the Bill of Rights are necessary as a result of the Committee's concerns.
Read full response →
Ministry of Justice
47
Recommendation
Second Report - Pre-legislative scrutin…
Accepted
The Government should consider the concerns we raise in the annex to this Report relating to technical matters in the drafting of the draft Bill before presenting the Bill to Parliament. (Paragraph 153) Pre-legislative scrutiny of the draft Victims Bill 59
Read more
The Government should consider the concerns we raise in the annex to this Report relating to technical matters in the drafting of the draft Bill before presenting the Bill to Parliament. (Paragraph 153) Pre-legislative scrutiny of the draft Victims Bill 59
Show less
Government response AI summary
The government will revise the drafting of clause 5(11)(c) to make the wording clearer.
Read full response →
Ministry of Justice
48
Conclusion
Second Report - Pre-legislative scrutin…
Not Addressed
A principal purpose of the draft Bill is to improve victims’ experience of the criminal justice system but it is not clear that the Bill as drafted will do enough to achieve the change required. It has also been published against a backdrop of significant court backlogs, with victims of …
Read more
A principal purpose of the draft Bill is to improve victims’ experience of the criminal justice system but it is not clear that the Bill as drafted will do enough to achieve the change required. It has also been published against a backdrop of significant court backlogs, with victims of crime too often waiting years for their cases to come to court, and criminal legal aid advocates turning away from the profession. The Government is taking steps in tackling those deep-rooted problems but until they are resolved victims will continue to suffer harm for too long. (Paragraph 154) 60 Pre-legislative scrutiny of the draft Victims Bill stniop gnitfarD :xennA noisulcnoc eettC esnopser JoM noitseuQ txeT esualC snosrep hcihw yfiralc ot devorpmi eb dluohs gnidroW .detoN dedeen sdrow yna erA ton seod noitces sihT“ )9(5 laitnetop diova ot seitud eht fo tnuocca ekat ot deen ohW ?”ekat“ erofeb erusolcsid a eriuqer .noisufnoc ekat“ dluohs tahw ro fi noitamrofni fo eht ”tnuocca otni dluow erusolcsid eht ?seitud tnaveler atad eht enevartnoc noitalsigel noitcetorp gninimreted ni tub( erusolcsid a rehtehw ekat ,os od dluow eht tnuocca otni siht yb desopmi seitud ”.)noitces snrecnoc siht taht yfiralc ot devorpmi eb dluohs gnidroW )d()5(01 noitces ni desu taht stcefler gnidrow sihT tahw raelcnu si tI eht fo retsiniM a…“ )c()11(5 .”snosirp“ fo noitinfied eht 1102 tcA ytilibisnopseR laicoS dna mrofeR eciloP tnaveler si ”gninaem“ gnisicrexe ni ,nworC seod“ nosirp a taht mrfinoc ot dednetni si hcihw gninaem eht ti si :ereh noitaler ni snoitcnuf ”.nosirp ecrof ria ro yratilim ,lavan a edulcni ton gnitimil – ”nosirp“ fo eht nihtiw( snosirp ot -non ot gninaem eht nosirP eht fo gninaem rednu snosirp yratilim ”…)2591 tcA 2591 AP eht fo )1(35s fo gninaem eht ro – ?”snoitcnuf“ laitnetop diova ot devorpmi eb dluohs gnidroW .detoN no tnemmoc eeS rehtehw gninimreted ni“ )01(6 .noisufnoc .)9(5 sesualc ,os od dluow erusolcsid a ”…tnuocca otni ekat .detcerroc eb dluohs rorre gnitfarD .detoN siht :tniop
Show less
Government response AI summary
The government acknowledges the low rate of victims reporting crimes and details how the Victims Bill aims to build confidence and trust by clarifying entitlements, increasing transparency, and improving support services. However, it does not directly address the committee's concern about the bill's sufficiency or …
Read full response →
Ministry of Justice