Recommendations & Conclusions
11 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 …
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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
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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.
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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.
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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.
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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.
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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 …
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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.
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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.
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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, …
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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.
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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.
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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 …
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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.
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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.
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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 …
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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.
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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.
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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 …
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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.
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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.
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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 …
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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.
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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.
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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 …
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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
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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.
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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 …
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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.
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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.
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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 …
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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
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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.
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Ministry of Justice