Domestic Abuse: Defence for Victims who Commit an Offence

Question

Asked by

To ask His Majesty’s Government, further to the commitment by Lord Wolfson of Tredegar on 3 February 2021 (HL Deb col 2286) to “regularly reassess the effectiveness of any law and associated practices in protecting victims”, what recent assessment they have made of the need to review the existing defences for individuals whose offending or alleged offending results from their experience of domestic abuse.

My Lords, we are determined to protect and support victims of domestic abuse and bring perpetrators to justice. During the passage of the Domestic Abuse Act, we committed to undertake a review of defences to homicide where the offender was a victim of domestic abuse. That review, undertaken by Clare Wade KC, highlights several important and complex issues. I understand that the Government will publish that review very shortly, together with their views on its recommendations and the next steps.

My Lords, I thank the Minister for his answer and for naming Clare Wade’s review, and I look forward to hearing more. At least 60% of women supervised in the community or in custody have experienced domestic abuse. I meet them regularly when I visit prisons in my role as Anglican Bishop for prisons. Will the Minister say when a Victims’ Commissioner will be appointed to protect the interests of all victims, including those who are themselves accused of offending?

My Lords, I cannot give a date for the appointment of the next Victims’ Commissioner but I think it will be made as soon as possible.

My Lords, does the Minister agree that new action needs to be taken to tackle domestic violence, and will he accept the merits of introducing a new domestic violence register to track offenders and help protect victims? It would be similar to the sex offender register and have similar administration, and it would protect women from domestic violence.

My Lords, the Government are making progress on the whole issue of domestic abuse; we have the 2021 Act and the 2022 Home Office plan for tackling domestic abuse. There is also greater awareness among the police, the CPS and the judiciary of these issues. I cannot commit to introducing a domestic violence register but that is certainly one matter to be considered.

My Lords, the Domestic Abuse Act was landmark legislation; it improved national understanding of domestic abuse and its appalling consequences. However, the rejection of amendments proposed by the noble Baroness, Lady Kennedy of The Shaws, the right reverend Prelate and others, which were the context of the commitment from the noble Lord, Lord Wolfson, left serious unfinished business. Successive lockdowns and the cost of living crisis have taught us more about the terror of victims trapped in homes with their abusers. Of course we will await Clare Wade’s report, but surely now the Government can recognise that victims should be convicted of offences of violence against their abusers only if they use force that is grossly disproportionate.

My Lords, I do not wish to pre-empt the contents of the Wade report or the Government’s response. The broad position is that the Government are not yet persuaded that a change in the law is needed in relation to homicide or other offences, but are very much open to further consideration of these very difficult issues.

My Lords, it is right to say that the noble Lord, Lord Wolfson, made the commitment that has been referred to as a result of amendments which I had put forward, with the assistance of the right reverend Prelate and others in this House. The concern is that there has been evidence that women are disproportionately convicted of murder, because the way in which defences to homicide have been designed has not taken account of their experiences. Provocation and diminished responsibility are measured in ways that do not take account of that experience. We want to hear urgency from the Front Bench: will it be done with speed?

My Lords, these are difficult issues and I completely understand the concern of the noble Baroness and others who have raised them. Taking the law into one’s own hands is a very big step and there should be a very high bar to taking life, whatever the circumstances. The question of whether one should change the law on the defence of homicide is complicated and the Government will continue to consider it.

My Lords, do the Government recognise the role that alcohol abuse has in the perpetration of domestic abuse, including severe domestic abuse? The spring Budget provides an opportunity to correct some of the relative drop in its price, particularly of low-cost alcohol, which is consumed in great quantities and contributes greatly to domestic abuse situations which then escalate completely out of control.

The Government are well aware of the effects of alcohol on the whole problem of domestic abuse, but I am afraid I cannot comment on the forthcoming Budget.

My Lords—

My Lords—

It is a privilege for a Back-Bencher to be allowed to speak. One of the important bodies that takes a keen interest in this area and gathers a great deal of evidence is Victim Support. Can the Minister kindly tell us what kind of relationship or connection the Government have with that body?