Justice Secretary promises to put victims ‘firmly at heart of justice system’

The Government has promised to put the needs and voices of victims “firmly at the heart of the justice system” under reforms announced today (May 25).

May 25, 2022
By Paul Jacques
Dominic Raab

It says the draft legislation published by the Justice Secretary Dominic Raab will “pave the way for the first ever Victims’ Law” to improve support and drive up convictions.

In an overhaul of current provisions, victims’ views sought at regular points during their case, with greater accountability placed on agencies such as the Crown Prosecution Service (CPS) and police for the service they provide to them. Victims will also be given clearer routes of redress if they do not receive the support they are entitled to.

And for the first time, a duty will be placed on prosecutors to meet victims in certain cases before trial to hear their views. Victims will also be given the right to attend Parole Board hearings in full and to submit questions during the process – such as querying an offender’s suitability for release. The Parole Board will be required to consider victims’ views and concerns before making a decision in a case.

Criminals will also be forced to pay more towards crucial victim services such as rape support centres, with a 20 per cent increase to the Victim Surcharge that will raise an extra £20 million by 2025.

Mr Raab said: “No victim should feel lost in a faceless system. We’re amplifying victims’ voices, boosting their rights at every stage and making criminals pay more to help victims recover.

“We’re doing this because it is morally the right thing to do to strengthen the care for victims, but also because it is operationally critical to drive up convictions – and keep our streets safe.”

The draft Bill will outline how the Victims’ Code will be set out in law and introduce additional scrutiny on the support victims receive from the police, CPS, prisons and the Probation Service. Ministers will be able to order the criminal justice inspectorates to undertake regular joint inspections on victims’ issues and produce action plans to drive improvements.

Diana Fawcett, chief executive of the independent charity Victim Support said: “It is vital that victims have stronger rights, better support and real influence in the justice system.

“The Victims’ Bill announced today presents a true opportunity to improve victims’ experiences and we look forward to continuing our work with the government to ensure that the final bill leads to meaningful change for victims.”

Th Bill will also introduce a new duty on police and crime commissioners, local authorities and health organisations to work together when commissioning services for victims of domestic abuse, sexual violence and other serious violence so that services are more effective.

Victims will also find it easier to make complaints about the service they have received, by removing the requirement for them to go through their local MP before speaking to the Parliamentary and Health Service Ombudsman.

The legislation will also establish a statutory definition for independent sexual violence advisers (ISVA) and independent domestic violence advisers (IDVAs) to ensure that these vital roles are more consistent. This will ensure victims know that they will receive a high standard of support from them.

In March the Government announced that victim support services would receive £440 million in grant funding over the next three years, helping to fund more than 1,000 IVVAs and IDVAs and a 24/7 rape crisis helpline.

The Association of Police and Crime Commissioners joint victims leads, Donna Jones and Sophie Linden, welcomed the publication of a draft Victims’ Bill.

“It enshrines the Victims’ Code into law, putting victims front and centre in the criminal justice system,” they said. “We are pleased by the prominent role of police and crime commissioners in drawing together partnerships, ensuring the voice of victims is heard, and in monitoring compliance across the system locally. Each are critical areas of work.

“We look forward to working with partners to deliver quality services for victims under a new duty to collaborate. This is a real opportunity to assess need and work collaboratively to ensure we are delivering the very best services for victims.”

The End Violence Against Women Coalition (EVAW) welcomed many of the measures in the draft legislation, which it says has the potential to “positively impact” on women and girls’ experiences with the criminal justice system.

“In particular, we welcome news that the Victims’ Code will be put on a statutory footing. This is long overdue and should help improve the quality and consistency of specialist support services in the community – something EVAW and our members have long called for,” it said.

However, it said it was “crucial” that this new law delivers in other ways, including on independent legal advice for rape survivors and safeguards to protect them from excessive police requests for their medical history, therapy notes and other personal data.

The EVAW is also calling on the Government to use the opportunity to address inequalities in access to justice and specialist support for marginalised groups, including black and minoritised women, migrant women, deaf and disabled women and LGBT+ survivors.

Andrea Simon, director of the EVAW, said: “We welcome publication of the new Victims’ Bill, which has the potential to improve victims and survivors’ experiences of the criminal justice system.

“It cannot come soon enough, as we know that women and girls’ confidence in justice agencies is at an all-time low because of the persistent failings towards victims and survivors of rape, sexual violence and domestic abuse.

“This Bill should be seen as an opportunity to build a better landscape for all victims and survivors inside and outside of the criminal justice system, and be a crucial part of the work to transform the conditions that give rise to and exacerbate an epidemic of violence against women and girls in the UK.”

She added: “Recovery is an essential part of justice, and we need to ensure every survivor who needs help can access a service tailored to their needs. We are a long way from that being a reality.

“We need to see government commit to sustainable funding of specialist services – particularly those led by and for black and minoritised women. Despite these services being best placed to support marginalised women who are disproportionately victims of gender-based violence, they are chronically underfunded, meaning many are on the brink of collapse.

“What’s more, we expect to see more done to investigate and address the huge disparity in justice outcomes for women who are marginalised on the basis of their race, class, disability or other characteristics.

“This Bill is an important first step, but there remains much to do if we are to improve victims and survivors’ experiences of justice and recovery. The Government must listen to victims, survivors and their advocates in the specialist women’s sector, and take urgent action to meet their rights and needs.”

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