Recommendations & Conclusions
22 items
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 …
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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.
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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.
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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 …
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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.
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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.
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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 …
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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.
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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.
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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 …
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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.
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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.
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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 …
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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.
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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.
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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.
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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.
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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.
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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 …
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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.
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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.
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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 …
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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.
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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.
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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 …
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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
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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 …
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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 …
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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.
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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.
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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 …
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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.
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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.
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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 …
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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.
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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.
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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 …
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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.
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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 …
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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 …
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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.
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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 …
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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 …
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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
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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.
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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.
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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.
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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.
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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 …
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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.
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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.
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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 …
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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
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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.
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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.
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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.
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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.
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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 …
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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
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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.
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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 …
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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
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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 …
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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
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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
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Government response AI summary
The government will revise the drafting of clause 5(11)(c) to make the wording clearer.
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Ministry of Justice