My Lords, the elected House has disagreed with these Lords amendments by a substantial majority of 100. In inviting this House not to insist on these amendments, the Government recognise that there are legitimate concerns about the operation of the victims’ code—I stress that—and that there is scope for improvement, but I put it to noble Lords that seeking to shoehorn these new clauses into the Bill when they have not had the benefit of detailed scrutiny either in this House or in the other place is not an appropriate way forward. This House rightly prides itself on its effective scrutiny of legislation. In the case of these amendments, however, we have had what amounts to, at best, a short Second Reading-style debate on the case for strengthening victims’ rights.
While the underlying objective of these amendments—namely, improving the experience of victims and witnesses in the criminal justice system—is one we can all wholeheartedly support, the Government continue to have serious concerns regarding their substance. I welcome the fact that the noble Baroness, Lady Brinton, now wishes to focus on just two amendments rather than on all seven new clauses added to the Bill on Report but, as with the others, we foresee a number of problems with Amendments 137 and 138. I thank her for meeting me yesterday, together with the noble Lords, Lord Paddick, Lord Rosser and Lord Tunnicliffe, but, as we discussed in relation to Amendment 137, the victims’ code—a statutory code of practice—includes a wide range of entitlements for victims of crime, including being entitled to receive information on their case. For example, under the code, victims should be informed about: the police investigation, such as if a suspect is arrested and charged and any bail conditions imposed; if a suspect is to be prosecuted or given an out-of-court disposal; the time, date, location and outcome of any court hearings; and any appeal by an offender against his or her conviction or sentence.
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In addition, if an offender has committed a violent or sexual crime and has been sentenced to 12 months or more in prison, victims can access the victim contact scheme to be provided with updates on important changes in offenders’ sentences—for example, if they have moved to an open prison, and how and when they will be released. Victims are entitled make a complaint if they do not receive the information and services they are entitled to, and to receive a full response from the relevant service provider. If dissatisfied with the response, they can refer their complaints to the Parliamentary and Health Service Ombudsman.
Amendment 137 also includes provision for children and vulnerable adults to give evidence in court via a live video link or from behind a screen. However, this is unnecessary as the Youth Justice and Criminal Evidence Act 1999 already provides a statutory framework for such measures and more.
The amendment would also require the police to inform victims of a suspect’s previous convictions which resulted in a custodial sentence and certain previous offences committed outside the United Kingdom. Currently, under the domestic violence disclosure scheme, police officers already have the power in the course of their duties to disclose previous convictions where it is necessary to prevent crime. Any disclosure must be proportionate to that end. However, the routine blanket disclosure provided for by Amendment 137 would be disproportionate and would not take account of the protections in the Rehabilitation of Offenders Act 1974 and the Data Protection Act 1998. It is not clear what the amendment would add to the police’s current powers to disclose information where it is necessary to prevent crime.
Nor is it clear what the effect of the amendments would be. For example, Amendment 137 would enable a victim to refuse a compensation order made by the court but nothing is said about what the outcome of the refusal would be. If a compensation order has been made by the court, it should be enforced unless revoked. It is appropriate that offenders should compensate victims for the harm that they have done, and compensation orders provide a means for the criminal courts to include this in sentencing. However, sentencing is a matter for the judiciary, which makes decisions within the sentencing framework and based on relevant information about the offence and offender, including, in the case of compensation orders, the offender’s means. It would not be appropriate for resentencing to occur based on a victim’s ability to refuse a compensation order.
Similarly, victims would have a right to attend and make representations to a “pre-court hearing” to determine the nature of court proceedings. What hearings and the representations would concern is not explained. No definition is provided for the “adequate notice” that victims should be given of any court proceedings. Furthermore, Amendment 137 would impose obligations on the criminal justice agencies in respect of matters that are beyond their control—for example, delays caused by the defence.
Amendment 138, which concerns training, is also unnecessary. The training of all staff in the criminal justice system is already taken very seriously. General and specialist training is provided to the police, prosecutors,
the judiciary and others depending on the type of work the individual undertakes. This includes training on the treatment of victims, as my noble friend Lady Chisholm outlined on Report.
Although the House of Commons has not sought to disagree with these amendments on the basis that they would involve a charge on public funds, they would undoubtedly impose additional demands on the taxpayer. Amendment 137 would significantly expand the existing criminal injuries compensation scheme so that it would apply to all victims of crime and not just eligible victims of a crime of violence as defined under that scheme. Indeed, it would go further by requiring compensation to be paid not just for a criminal injury, but also for “any detriment” caused by a criminal case.
Amendment 137 would also require the provision of full transcripts on request and free of charge to victims, which would be prohibitively costly. Additionally, the amendment would allow victims to receive legal advice where a judge considered it necessary, presumably with legal aid. The aforementioned pre-court hearings would be a likely candidate. We have been given no indication by the proponents of these amendments of the additional financial burdens that they would impose on criminal justice agencies or the implications for legal aid funding.
As I have said, we recognise there are concerns regarding the victims’ code. We know, for instance, that there are concerns about a lack of awareness among victims of their rights under the code, and we are considering how we might address that. Also, as part of the work looking at what is required to strengthen further the rights of victims of crime, we are considering how compliance with the code might be improved and monitored, and exploring how those responsible for the delivery of rights and entitlements might be held accountable for failings. We want to ensure that any future reform proposals are evidence-based, fully costed, effective and proportionate. While the amendments are well intended, those are qualities that they do not possess.
There is already an established legislative framework providing for the rights of victims of crime. As I have indicated, there is scope for improvement in strengthening the rights of victims, ensuring that agencies are fulfilling their duty and are appropriately trained to deliver those rights, and considering how delivery is monitored. Given the difficulties with the amendments, I put it to the House that it would be inappropriate to legislate further in advance of the Government setting out our strategy for victims, which we intend to do within 12 months. I further assure the House that we will take the appropriate action to give effect to the strategy, including bringing forward any appropriate primary legislation. I ask that the House await the outcome of this work rather than rushing ahead with this untested and uncosted package of measures. I beg to move.
Motion D1 (as an amendment to Motion D)