Source · Select Committees · Justice Committee
Recommendation 11
11
Accepted
Paragraph: 34
Amend Clause 2 to mandate services inform victims of Code and strengthen entitlements.
Recommendation
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.
Government Response 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.
Paragraph Reference:
34
Government Response
Accepted
HM Government
Accepted
17. The Government strongly supports the principle of increasing awareness of the Code. The Code already requires that organisations listed in it must include information about the Victims’ Code on their websites and the police must explain to victims where they can get information about their entitlements as a victim. In the response to ‘Delivering Justice for Victims’ we recognised that more needs to be done to raise awareness of the Code. We therefore intend to accept this recommendation (to place an obligation on the relevant statutory service, including but not limited to the police, to make victims aware of the Victims’ Code) and will work with government departments and other partners to develop an appropriate framework. 18. With regards to rephrasing the principles, the key effect would be to frame them as duties. There is a clear expectation arising from the Code itself that agencies will deliver the entitlements set out therein and the new monitoring and oversight provisions in Clause 5 of the draft Bill will promote compliance. However, as framed by the principles, the Code allows the necessary operational flexibility for agencies to tailor their response to the victims they support. The Code already takes the form of statutory guidance, so agencies Pre-legislative scrutiny of the draft Victims Bill: Government Response 9 would be required to justify any departure from the Code if challenged by victims or by the courts. A more prescriptive framework risks removing this discretion and therefore we do not see the recommended change as appropriate.