Source · Select Committees · Justice Committee
Recommendation 8
8
Rejected
Paragraph: 28
Victims Bill's broad principles do not significantly enshrine the Victims' Code in law.
Conclusion
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.
Government Response 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.
Paragraph Reference:
28
Government Response
Rejected
HM Government
Rejected
15. The draft Bill sets out the principles that will underpin the new Code to raise its profile and to send a clear signal to criminal justice agencies on what victims can and should rightly expect from them. The principles protect the Code’s underlying purpose, while allowing flexibility to be able to strengthen the detailed entitlements set out in regulations or the Code itself. There is already a safeguard in legislation, restated in Clause 3(9) of the draft Bill, which prevents changes to the Code which would significantly reduce the quality or extent of services for victims, or significantly limit those who are entitled to receive them. We consider that this, taken together with the new oversight and monitoring provisions set out in Clause 5, will encourage the desired culture change to ensure compliance with the Code. We therefore do not consider that any changes are necessary.