Source · Select Committees · Justice Committee
Recommendation 35
35
Rejected
Paragraph: 121
Mandate clear guidance for IDVA and ISVA court access, presuming entry for support
Recommendation
ISVAs and IDVAs have a valuable role in supporting vulnerable victims through the criminal justice process. Defining their role in statute and the amendment to the Criminal Procedure Rules will raise their profile further and should go some way to addressing concerns of inconsistent access to the court room. We recommend that the Government monitors IDVA and ISVA access to the court. The accompanying guidance should set out clearly that those who meet the criteria of being an ISVA or IDVA have a right to support complainants at hearings and that the presumption should be for access to the court to be granted.
Government Response Summary
The government rejected monitoring IDVA and ISVA access to court, stating it's a matter for the judiciary and unnecessary given existing legal provisions for court access. However, they will clearly set out in statutory guidance that victims have the right to be supported by ISVAs and IDVAs.
Paragraph Reference:
121
Government Response
Rejected
HM Government
Rejected
57. The Government acknowledges the points raised by this Committee. ISVAs and IDVAs provide valuable support to victims, including supporting their clients through the criminal justice system. It is a matter for the judiciary to manage, and therefore monitor, 20 Pre-legislative scrutiny of the draft Victims Bill: Government Response access to the court room, should they choose to do so. As highlighted by the Committee, the Criminal Procedure Rules Committee Rule Amendment acknowledges the courts’ power to give directions for the participation of witness companions, which includes ISVAs and IDVAs. The law provides that anyone has access to the courts unless there are reasons for the judge to refuse. As such, we do not consider it necessary to monitor ISVA and IDVA access to the court. We will clearly set out in statutory guidance that victims have the right to be supported by ISVA and IDVAs throughout the criminal justice system. 58. The Ministry of Justice (MoJ) will continue to work with the Judicial Office to consider ways to keep building awareness of the role and benefits ISVAs and IDVAs have to victims, while remaining respectful to the importance of judicial independence.