Source · Select Committees · Justice Committee
Second Report - Pre-legislative scrutiny of the draft Victims Bill
Justice Committee
HC 304
Published 30 September 2022
Recommendations
3
Accepted
Para 13
Expand the Bill's victim definition to include close relatives of persons killed by criminal offence.
Recommendation
As currently drafted, a victim of small-scale fraud is considered a victim of crime for the purposes of the Bill but a parent whose child has been murdered is not. This cannot be right. We recommend that the definition of …
Read more
Government Response Summary
The government committed to amending the Bill to include bereaved families as victims ahead of introduction and will carefully consider how to define specific relatives in legislation.
Ministry of Justice
View Details →
4
Accepted
Para 15
Mandate specific inclusion of Victims' Code rights for children born of rape in the Bill.
Recommendation
The existing Code makes no reference to rights for secondary victims of crime, specifically rape-conceived persons. Clause 2(4) sets out that the Code may make provision for those not defined as ‘victims’ in clause 1. This provides scope to extend …
Read more
Government Response Summary
The government agreed on the need for clarity and intends to explicitly reference persons born as a result of rape in the definitions of a victim in both the Bill and the new Code.
Ministry of Justice
View Details →
5
Rejected
Recognise victims of non-criminal anti-social behaviour as eligible for Victims' Code rights.
Recommendation
We recommend that victims of non-criminal anti-social behaviour who meet the threshold for a ‘Community Trigger’ should be recognised as victims for the purposes of the Bill and be entitled to rights under the revised Victims’ Code. We think this …
Read more
Government Response Summary
The government acknowledged the impact of anti-social behaviour but stated it would continue to support those affected outside of the Bill and Code, referencing existing plans and funding instead.
Ministry of Justice
View Details →
7
Rejected
Introduce a complete firewall preventing police from sharing victims' data for immigration enforcement.
Recommendation
We call for an immediate end to the sharing of victims’ and witnesses’ data between the police and the Home Office for immigration enforcement purposes and the introduction of a complete firewall for those groups. We recommend that the draft …
Read more
Government Response Summary
The government rejects the recommendation for an immediate end to data sharing between police and the Home Office for immigration enforcement and the introduction of a complete firewall, citing a Home Office review that found such restrictions inoperable. It notes existing police discretion and specific protocols for domestic abuse victims but considers no broader changes necessary.
Ministry of Justice
View Details →
9
Rejected
Para 29
Publish draft updated Victims’ Code and regulations alongside Victims Bill for parliamentary scrutiny.
Recommendation
The Government should publish its proposed draft of an updated Victims’ Code and the draft regulations setting out the key entitlements of the Code at the same time as the Victims Bill is presented to Parliament to provide clarity for …
Read more
Government Response Summary
The government will ensure Parliament receives sufficient information but explicitly rejects the recommendation for the regulations to be subject to the affirmative resolution procedure, stating that public consultation and laying the revised Code in Parliament provide appropriate scrutiny.
Ministry of Justice
View Details →
11
Accepted
Para 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 …
Read more
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.
Ministry of Justice
View Details →
13
Rejected
Para 41
Strengthen provisions addressing agency non-compliance with the Victims’ Code within the Bill.
Recommendation
As drafted, the Bill fails to adequately address the issue of agencies’ non-compliance with the Code—we are concerned by this given that it is one of the principal reasons for the Bill. We have already recommended strengthening the principles in …
Read more
Government Response Summary
The government rejects the recommendation to give further consideration to agencies' non-compliance with the Code, stating that existing safeguards and new oversight provisions in Clause 5 will encourage compliance, making further changes unnecessary.
Ministry of Justice
View Details →
14
Acknowledged
Para 46
Undertake further research on Community Impact Statement usage and provide supportive guidance.
Recommendation
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 …
Read more
Government Response 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.
Ministry of Justice
View Details →
15
Acknowledged
Para 52
Ensure adequate counselling support for victims submitting statements to Mental Health Tribunals.
Recommendation
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 …
Read more
Government Response 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.
Ministry of Justice
View Details →
16
Acknowledged
Para 53
Provide further information on offender’s illness to aid relatives of mentally disordered victims.
Recommendation
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 …
Read more
Government Response 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.
Ministry of Justice
View Details →
20
Rejected
Para 75
Include a legislative right for victims to access restorative justice services in the Bill.
Recommendation
A right to information about restorative justice and how to access local restorative justice services is already an entitlement in the Code but it is clear that it is not being delivered consistently. Our predecessor Committee’s 2016 report on restorative …
Read more
Government Response Summary
The government committed to making information about restorative justice more consistently available but explicitly rejected a legislative right to access restorative justice, deeming it impractical or inappropriate due to its voluntary nature.
Ministry of Justice
View Details →
21
Acknowledged
Para 81
Consider providing independent legal advice for vulnerable victims facing disclosure requests.
Recommendation
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 …
Read more
Government Response 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.
Ministry of Justice
View Details →
23
Rejected
Offer free transcripts of sentencing remarks to victims and inquest findings to bereaved families.
Recommendation
We recommend that the Code includes a right for victims whose cases are heard in the Crown Court to be offered a free transcript of the judge’s sentencing remarks, in a format that they can access, and that bereaved families …
Read more
Government Response Summary
The government rejects making free transcripts of judge's sentencing remarks a universal Code right, citing existing fees and appropriateness, and states bereaved families can already receive Coroner's findings free of charge.
Ministry of Justice
View Details →
25
Accepted
Para 91
Require PCCs to publish disaggregated data on Code compliance and share with Commissioner.
Recommendation
We recommend that clause 5 includes a duty for the Victims’ Commissioner and local victims’ groups to be consulted on the data required to hold agencies to account on their performance in delivering the Code. That data should be standardised …
Read more
Government Response Summary
The government commits to consulting the Victims’ Commissioner and local victims’ groups on data collection requirements and will explore publishing standardised, disaggregated data, considering how to share it and ensure confidentiality.
Ministry of Justice
View Details →
26
Acknowledged
Set out clear escalation routes and rights for PCCs to challenge agency compliance.
Recommendation
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 …
Read more
Government Response 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.
Ministry of Justice
View Details →
27
Accepted
Para 99
Expand duty to collaborate to include children's services and victims outside the CJS.
Recommendation
We welcome the duty to collaborate. This duty, however, should also include providers of children’s services to ensure the needs of child victims are met and to help facilitate the flow of necessary information between agencies. It is unclear whether …
Read more
Government Response Summary
The government will update the Bill to require commissioners to specifically consider child victims' needs in their strategies and states the Bill's current definition of a victim already ensures support for those not in contact with the criminal justice system.
Ministry of Justice
View Details →
28
Accepted
Include reference to child domestic abuse victims and mandate needs assessments in guidance.
Recommendation
We recommend that clause 8(3) also includes reference to section 3 of the Domestic Abuse Act 2021, namely that children can be victims of domestic abuse in their own right. Doing so will provide assurance that commissioners of support services …
Read more
Government Response Summary
The government agrees to amend the Bill to include reference to Section 3 of the Domestic Abuse Act 2021 to capture children as victims in their own right. It will also update the Bill to require commissioners to specifically consider the needs of child victims when preparing their joint commissioning strategy.
Ministry of Justice
View Details →
29
Accepted
Para 104
Unify diverse duties and multiple funding streams for effective victim support services
Recommendation
The duties on bodies responsible for commissioning victim support services are complex and they are supported by multiple funding streams. The Government should use the Victims Bill and the guidance provided under the duty to collaborate to draw these different …
Read more
Government Response Summary
The government states that the Victims Bill's duty to collaborate and the existing Victims Funding Strategy aim to bring together complex duties and funding models, and it will continue to consider further transparency.
Ministry of Justice
View Details →
30
Acknowledged
Para 105
Issue clear guidance on governance and accountability for cross-area victim support collaboration
Recommendation
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 …
Read more
Government Response 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.
Ministry of Justice
View Details →
32
Accepted
Para 113
Create national multi-year ring-fenced fund for specialist victim support service grants
Recommendation
We recognise the challenges for local commissioners in identifying and funding small or highly specialist services, and for those services to access commissioned funding. We recommend that the Government put in place a national multi-year ring-fenced fund to ensure specialist …
Read more
Government Response Summary
The government commits up to £6 million for 'by and for' services and £2.5 million for specialist services over two years (2023/24-2024/25), but rejects placing a specific responsibility on local commissioners to commission 'by and for' services.
Ministry of Justice
View Details →
34
Acknowledged
Require statutory guidance to address under-representation in needs assessments and signpost specialist support
Recommendation
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 …
Read more
Government Response 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.
Ministry of Justice
View Details →
35
Rejected
Para 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 …
Read more
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.
Ministry of Justice
View Details →
36
Rejected
Para 124
Incorporate full domestic abuse victim definition and define CHIDVAs and CHISVAs within the Bill
Recommendation
We recommend that the Bill includes the entire definition of a domestic abuse victim as it appears in the Domestic Abuse Act 2021. We further recommend that the Bill also defines Independent Sexual Violence Advisors and Independent Domestic Violence Advisors …
Read more
Government Response Summary
The government rejected defining CHIDVAs and CHISVAs in legislation, stating these roles are less established. They will carefully consider how statutory guidance might clarify how ISVAs and IDVAs should support the needs of children and young people.
Ministry of Justice
View Details →
38
Accepted
Para 127
Co-design ISVA/IDVA guidance with experts, ensuring independence and unrestricted access for victims
Recommendation
Guidance on appropriate training and qualifications for the independent advisors must be co-designed with the expert services already in the sector who have established and grown those roles and should be drafted in such a way that does not discredit …
Read more
Government Response Summary
The government agreed to co-design statutory guidance with support sector experts and has already begun this engagement. They also committed to working with other departments to consider how the independence of ISVA and IDVA roles might be reflected in guidance, noting their support for victims regardless of criminal justice system engagement is already established.
Ministry of Justice
View Details →
40
Accepted
Para 132
Retain Victims' Commissioner's duty to oversee Victims' Code nationally, excluding Clause 11(2)(a)
Recommendation
We support the then Minister’s ambition for the role of the Victims’ Commissioner to have ‘even greater national prominence.’ We recommend that the Victims’ Commissioner retains a duty to oversee the operation of the Victims’ Code at a national level. …
Read more
Government Response Summary
The government will amend the Bill to retain the Victims’ Commissioner’s duty to oversee the operation of the Victims’ Code at a national level and will implement this change ahead of introduction.
Ministry of Justice
View Details →
41
Accepted
Para 134
Extend reply requirement for Victims' Commissioner's recommendations to include thematic reports
Recommendation
We welcome the Government’s proposal for those subject to recommendations in the Victims’ Commissioner’s Annual Report to be required to reply to 58 Pre-legislative scrutiny of the draft Victims Bill those recommendations and to do so within 56 days. We …
Read more
Government Response Summary
The government agreed that agencies within the Victims’ Commissioner’s remit should be required to respond to all reports, including thematic reports, and committed to implementing this change ahead of the Bill's introduction.
Ministry of Justice
View Details →
42
Accepted
Require inspectorates to annually consult Victims’ Commissioner on integrating victim experiences into inspections
Recommendation
We recommend that the Victims Bill places a duty on HM Inspectorate of Constabulary and Fire and Rescue Services, HM Inspectorate of Probation, HM Inspectorate of Prisons and HM Crown Prosecution Service Inspectorate to consult the Victims’ Commissioner annually on …
Read more
Government Response Summary
The government accepts the recommendation, agreeing that inspectorates should be required to consult with the Victims’ Commissioner annually, and will seek to implement this change by developing a framework with relevant bodies.
Ministry of Justice
View Details →
43
Accepted
Para 143
Inspectorates should consult Victims' Commissioner and PCCs when developing work programmes
Recommendation
We agree with the Government’s intention to increase the inspectorates’ focus on victims. The inspectorates should be required to consult the Victims’ Commissioner and consider representations and data from PCCs as part of the development of their work programme.
Read more
Government Response Summary
The government agrees with the recommendation that inspectorates should consult the Victims’ Commissioner and will seek to implement this change, working closely to develop a framework. Data sharing with PCCs is addressed in a separate response.
Ministry of Justice
View Details →
47
Accepted
Consider technical drafting concerns raised in annex before presenting Victims Bill to Parliament
Recommendation
The Government should consider the concerns we raise in the annex to this Report relating to technical matters in the drafting of the draft Bill before presenting the Bill to Parliament. (Paragraph 153) Pre-legislative scrutiny of the draft Victims Bill …
Read more
Government Response Summary
The government will revise the drafting of clause 5(11)(c) to make the wording clearer.
Ministry of Justice
View Details →
Conclusions (19)
1
Conclusion
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 …
Government Response 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.
2
Conclusion
Accepted
Para 10
In relation to the inclusion of witnesses in the definition of victim, no reference is made to the impact, if any, that the crime has had upon the witness. Some witnesses are certainly traumatised by the nature of the crimes they have been exposed to— incidents of violence are an …
Government Response Summary
The government agreed witnesses should be confined to those suffering harm, stating this is already accounted for in Clause 1's definition, and clarified that the inclusion of witnesses in the Bill does not impact the Code's application as it already allows for differentiated entitlements.
6
Conclusion
Rejected
Para 21
Many victims of crime do not pursue a criminal justice response, particularly those most at risk of being victims. We generally welcome the draft Bill’s open definition of victim, subject to our comments in paragraph 10, but it needs to go further. All those who have suffered harm must be …
Government Response Summary
The government acknowledges the committee's points but rejects the premise that changes are needed to create a firewall between police and immigration enforcement, stating that data sharing restrictions are not considered operable. It notes existing police discretion and specific protocols being developed for domestic abuse victims.
8
Conclusion
Rejected
Para 28
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 …
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.
10
Conclusion
Rejected
Para 33
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 …
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.
12
Conclusion
Rejected
Para 38
Clause 3 obliges the Secretary of State to consult the Attorney General on preparing a draft of the Code and on any amendment to it. That obligation should be extended to include the Home Secretary, Victims’ Commissioner, Domestic Abuse Commissioner and Children’s Commissioner for all amendments.
Government Response Summary
The government rejects extending the statutory obligation to consult other Secretaries of State and Commissioners in legislation. It states consultation with the Home Secretary will occur by convention and it is usual practice to consult key stakeholders, but does not consider it necessary to list them in the Bill.
17
Conclusion
Acknowledged
Para 58
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 …
Government Response 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.
18
Conclusion
Accepted
Para 63
The Government’s Root and Branch Review of the Parole System merits more consideration than we have had opportunity to give to it during our scrutiny of the draft Victims Bill. It is a policy area we are likely to return to in the future. In the meantime, we wish to …
Government Response Summary
The government accepted the recommendation, stating it is putting measures in place for emotional support, and will introduce victim observation of parole hearings through a limited testing phase in the South West Probation Region, offering pathways to professional support.
19
Conclusion
Acknowledged
Para 71
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 …
Government Response 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.
22
Conclusion
Accepted
Para 82
The primary purpose of counselling is therapeutic not investigative. The law should still allow for disclosure of those notes where their probative value merits it; but the reasonable grounds test must be respected and enforced effectively if victim confidence in the criminal justice system is to be sustained.
Government Response Summary
The government states the recommendation reflects its existing position and that recently published CPS guidance already clarifies that third-party material should only be considered when necessary, proportionate, and relevant to a reasonable line of enquiry.
24
Conclusion
Acknowledged
Para 90
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 …
Government Response 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.
31
Conclusion
Accepted
Para 110
We are concerned that the duty to collaborate does not go far enough to ensure that vital, community-based support services are available to victims of domestic and sexual abuse. The duty must be strengthened to require the agencies described to collaborate and commission community-based services. That duty should be accompanied …
Government Response Summary
The government rejects strengthening the duty to collaborate but commits to increased multi-year funding for victim services, including a minimum of £460 million over three years for PCC-funded services and an additional £20 million for NHS England for sexual and domestic abuse services.
33
Conclusion
Rejected
Para 114
Commissioning of support services for victims works best when commissioners have an accurate understanding of need. As drafted, the Bill requires the authorities to consider any needs assessment they may have carried out in preparing the strategy. This needs to be strengthened to require the authorities to undertake the needs …
Government Response Summary
The government rejected strengthening the Bill to require new needs assessments, arguing that existing processes and the Bill's current wording on using existing assessments are sufficient and new requirements would be duplicative. They will, however, consider how statutory guidance can support commissioners.
37
Conclusion
Accepted
Para 126
Clause 9(3) states that the guidance may include provision on the role, functions and appropriate training and qualifications of an ISVA and IDVA. We find no reason why it should not be required to do so. If a role is to be recognised in statute it is not unreasonable to …
Government Response Summary
The government accepted the recommendation to change the Bill to require guidance on the role, functions, training, and qualifications of ISVAs and IDVAs. The Ministry of Justice and Home Office are collaborating to ensure new ISVA statutory guidance builds on and replaces existing Home Office guidance.
39
Conclusion
Accepted
The Victims Bill will likely put additional strain on already stretched services as victims of domestic or sexual abuse become more aware of their rights. Advocacy services already face unmanageable referral levels and caseloads. Additional funding is required to enable services to meet demand and allow the Victims Bill to …
Government Response Summary
The government stated it has increased funding for support services, including £34 million ringfenced for ISVAs and IDVAs in 2022/23. They committed to increasing the number of MoJ-funded ISVAs/IDVAs by 300 to over 1,000 by 2024/25 and will continue to monitor demand.
44
Conclusion
Accepted
We support the Government’s intention to improve monitoring mechanisms of agencies’ performance with respect to victims and note the Government’s plans to work with the inspectorates to develop a ratings system. A crucial part of this work will be ensuring that there are adequate levers in place to ensure that …
Government Response Summary
The government accepted the recommendation, stating that reinspection is already utilized by inspectorates and will play a helpful role in driving up improvement for agencies found to be failing victims.
45
Conclusion
Accepted
There is a broad parliamentary and stakeholder approval for the removal of the need for a victim of crime to raise a complaint via an MP before it can be escalated to the Parliamentary and Health Service Ombudsman. This move is long overdue. We support the proposal and also call …
Government Response Summary
The government agreed to increase the visibility of the PHSO, stating they are working on improving access to and quality of materials on complaints and that the PHSO is conducting outreach work. However, the response did not address the removal of the MP filter or allowing non-written complaints.
46
Conclusion
Rejected
Para 152
Measures to support victims set out in the Victims Bill and Code should not be diminished by reforms to the Human Rights Act. The safeguards provided by that Act are also important given the weaknesses in the Victims Bill with respect to the ability for individuals to enforce their rights …
Government Response Summary
The government believes its Bill of Rights will strengthen victim protection and states that no changes to either the Victims Bill or the Bill of Rights are necessary as a result of the Committee's concerns.
48
Conclusion
Not Addressed
A principal purpose of the draft Bill is to improve victims’ experience of the criminal justice system but it is not clear that the Bill as drafted will do enough to achieve the change required. It has also been published against a backdrop of significant court backlogs, with victims of …
Government Response Summary
The government acknowledges the low rate of victims reporting crimes and details how the Victims Bill aims to build confidence and trust by clarifying entitlements, increasing transparency, and improving support services. However, it does not directly address the committee's concern about the bill's sufficiency or the impact of court backlogs.