Source · Select Committees · Justice Committee
Recommendation 10
10
Rejected
Paragraph: 33
Overarching Victims’ Code principles remain too weak, placing onus on victims.
Conclusion
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.
Government Response 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.
Paragraph Reference:
33
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.