Delivering Justice for Victims

Statement

The following Statement was made in the House of Commons on Thursday 9 December.

“Today we are publishing a consultation on a new victims’ law to raise the voice of victims in our criminal justice system, expand their role in it and strengthen the accountability of all the agencies charged with supporting victims across the system.

We have a moral duty to protect the victims of crime, improve the level of service that they can expect from the criminal justice system and raise the quality of support that they receive. It is the right thing to do, but it is also essential on a practical level to ensure that in operational terms we have the most effective justice system possible. After all, we can secure convictions and bring down rates of crime only if victims have the confidence to report crimes to the police and engage with prosecutors to make sure that their testimony is heard in court. For both those reasons and at every level, we must do better.

As things stand, too many victims feel that the criminal justice system does not deliver justice for them. Too many feel let down by the system, which compounds the pain and suffering from the original crime. In fact, it is worrying that as many as three in five victims do not even report a crime that they have suffered. A survey by the Victims’ Commissioner shows that, based on their experience of the criminal justice system, a third of victims would not report a crime again. The evidence demonstrates that a third of victims who do go to police will later disengage from the process.

In those cases, justice is not delivered for victims, and the public are left exposed to criminals left to carry on offending. That must change. The Government are determined to improve the service and support that victims receive from the point at which a crime is reported right through to their experience in the courtroom.

We have already taken a range of actions to support victims. We have strengthened the victims’ code, which sets out the minimum standards that victims can expect. We have invested £300 million this year in victim support services, of which the Ministry of Justice has provided more than £150 million; we announced in the Budget that that will increase to £185 million per year by the end of this Parliament, ensuring that more victims can access what can be life-saving help. We have passed the Domestic Abuse Act 2021 to protect victims and strengthen measures against perpetrators. We have published the end-to-end rape review report, setting out a plan of action to drive improvements for victims across the criminal justice system. We have begun to improve the trial experience for victims by rolling out pre-recorded cross-examination—known as Section 28 —for vulnerable victims, so that those who want to can give evidence earlier and outside the courtroom, making the process less harrowing so that victims can present their best evidence and helping to secure more convictions.

But we must go much further. I want to guarantee that victims are at the very heart of the criminal justice system. Rather than feeling peripheral to the process, victims should feel supported so that they can properly engage at every step. Our plan for delivering a world-class service to victims has five crucial elements that we will deliver through the victims Bill.

First, we want to amplify the voice of victims and ensure that they are properly engaged at every stage of the criminal justice system. We want to ensure that agencies communicate with victims better. For example, we are consulting on the requirement for the prosecutor in certain types of case to communicate directly with victims before they decide whether to charge a suspect. We believe that such direct exposure to the victim is essential to giving them the confidence to go to trial and to see their cases through, and will help to reduce what are known as the victim attrition rates. As well as amplifying the voice of individual victims, these measures will strengthen the voice of whole communities. We intend to put explicit provision for community impact statements in the victims’ law and the victims’ code, mainstreaming their use in appropriate cases to ensure that the police, the Crown Prosecution Service and the courts understand the wider scale and extent to which crime can blight whole neighbourhoods.

Secondly, we will increase transparency in respect of the performance of our criminal justice agencies. Today we are publishing the first national criminal justice and adult rape scorecards. They will bring together data to give a cross-system view of performance, including aspects that matter to victims such as how long it takes for cases to be investigated and charges to be made, how long cases wait in the courts before they go to trial, the number of guilty pleas, and what happens to cases when they reach court. One thing that is immediately clear from the data is that we must do better. Some cases are taking too long to get through the system. Covid-19 may be a factor in that, and we are working to bring down backlogs, but rape cases in particular are taking far too much time to get to court. That is not good enough and we are determined to put it right.

A further set of localised scorecards, giving the more granular local detail, will be published early next year. The scorecards will monitor victim engagement so we can see where in the system victims are being failed and take steps to fix that, and the local scorecards will show us where in the country the system is delivering for victims and where it is not. That data and that transparency will equip victims, and our criminal justice agencies more generally, to better monitor performance, and to better understand the problems in the system and address them more effectively, while spreading the very best practice more widely.

Thirdly, we want to ensure that there are clearer and sharper lines of accountability when victims do not receive the right level of service. We will enshrine the victims’ code in law to send a clear signal about what victims can and should reasonably expect from the criminal justice system. It follows that we must also hold the respective criminal justice agencies to account when it comes to delivering for victims. We will strengthen the oversight mechanisms and their focus on victims across the board, from complaints procedures to reinforced inspection regimes nationally and police and crime commissioners locally. That will give victims more effective redress when something goes wrong and it will improve accountability.

Members will recall the Government’s rape review action plan, which was published in June. Today I can announce that we are publishing a report detailing progress against its aims, so that we can hold criminal justice agencies to account for how much they have improved outcomes in tackling this horrendous crime.

Fourthly, we want to help victims to rebuild their lives through accessible and professional services, and ensure that criminals pay more to support those services. We propose to increase the victim surcharge, which helps to fund victim services; that will mean criminals paying more to right their own wrongs, and in the process help victims to recover from what they have suffered.

Our consultation will also meet the commitment made to the House, during the passage of the Domestic Abuse Act 2021, to consult on the provision of support services for victims of domestic abuse. We want to improve the commissioning and co-ordination of services, particularly for victims of traumatic crimes—domestic abuse, sexual violence and other serious violence—so that they can be given the right support at the right time to help them recover. As part of that, we plan to strengthen the support available from independent sexual violence advisers and independent domestic violence advisers, which we know makes victims almost 50% more likely to remain engaged with the criminal justice process.

Lastly, we want to ensure there are better tools to protect victims and prosecute culprits. We are already making significant progress, and I can announce today that we are planning a national rollout to expand provision of Section 28 pre-recorded cross-examination for sexual and modern slavery victims to all Crown courts, with the specific priority of ensuring that victims of rape across the country pre-record their evidence and avoid the ordeal of facing the full glare of the courtroom.

I shall explain how this will work. The CPS will decide, in consultation with the victim, whether to apply under Section 28 of the Youth Justice and Criminal Evidence Act 1999. The judiciary will retain oversight and discretion to ensure that the interests of justice are properly served. This has the potential to increase the number of successful prosecutions and earlier guilty pleas. The justice scorecards will help us to evaluate progress in this regard and will highlight any challenges in practice. We will be guided by ongoing evaluation of data from courts already trialling the Section 28 arrangements. I am committed to working carefully with the judiciary and criminal justice agencies on this expansion, as are my ministerial colleagues.

This Government will deliver credible change for victims. We will give them a more powerful voice at every stage of the criminal justice system. We will increase transparency and redress in respect of the support that they receive in practice. We will ensure that every criminal justice agency is properly held to account for its role in the wider system. We will better protect victims, especially victims of rape and sexual violence, to give them greater confidence about giving the testimony that can help to secure a conviction. We will make the perpetrators of crime pay more to help victims to recover. That is our plan to give victims the justice they deserve and to build back a better, stronger, fairer country. I commend this Statement to the House.”

My Lords, we welcome the Statement. We hope that the proposed consultation exercise is dealt with rapidly, that people are listened to and that we see legislation as soon as possible. Can the Minister tell us when that is likely to happen? I confirm that we will work constructively with the Government to ensure that the new victims’ law is fit for purpose and is a law of which we can be proud.

The Statement reminds us just how urgently we need a new law. The number of victims who have dropped out of the system has doubled in the last five years. It is concerning that confidence in the justice system is so poor. Three in every five victims do not even report a crime, one-third of victims would not report a crime again and one-third of victims who do go to the police drop out of the process before any case can come to court.

There are steps that the Government could take now that would help the situation. In October 2021 the National Audit Office released a report on the Government’s handling of the court backlog. It found that the Crown Court backlog had already increased by 23% in the year leading up to the pandemic and had increased by a further 48% since. The NAO said that both the Ministry of Justice and its courts agency were not working together properly to solve problems that had their roots in pre-pandemic decisions.

One in 67 rape complainants sees a case come to court, and it can take four years for that process to be completed. The latest data from the CPS shows that the number of rape convictions fell by 6.7% in the last quarter. At the current rate it would take the Government 18 years to return to pre-2016 levels of prosecution. There are 3,357 victims of violent and sexual crime who have already been waiting for over a year for their day in court, and a further 654 victims of these horrific crimes have been waiting for over two years. Can the Minister assure us that the Government are taking all measures necessary to put this right?