Pre-legislative scrutiny of the draft Victims Bill

Justice Committee Closed Inquiry
Opened: 26 May 2022 Closed: 30 May 2024 Parliament page
The Justice Committee is to undertake pre-legislative scrutiny of the draft Victims Bill. It will examine the draft Bill to assess the adequacy of its policy objectives and key provisions. Read the call for evidence to find out more about the inquiry.
29 Recommendations
19 Conclusions
1 Report
3 Oral sessions
2 Letters
3 Events
Oral evidence sessions 3 sessions
Amy Randall · Ministry of Justice Baljit Ubhey · Crown Prosecution Service Jan Lamping · Crown Prosecution Service Mark Fenhalls QC · Bar Council Tom Pursglove MP · Home Office Victoria Atkins MP · HM Treasury
Alex Mayes · Victim Support Councillor Nesil Caliskan · Local Government Association Safer and Stronger Communities Board Jayne Butler · Rape Crisis England and Wales Mark Norris · Local Government Association Sophie Linden · Association of Police and Crime Commissioners Tracy Blackwell · Pension Insurance Corporation plc
Dame Rachel de Souza · Office of the Children's Commissioner for England Dame Vera Baird DBE QC Nicole Jacobs
Recommendations & Conclusions
48 results
1 Conclusion
Second Report - Pre-legislative sc…
Lack of published draft Victims' Code and regulations hinders effective scrutiny of the Bill.
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 … Read more
Ministry of Justice
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2 Conclusion
Second Report - Pre-legislative sc…
Broad definition of 'witness' in Bill requires refinement on impact and Code application.
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 … Read more
Ministry of Justice
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3 Recommendation
Second Report - Pre-legislative sc…
Expand the Bill's victim definition to include close relatives of persons killed by criminal offence.
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
Ministry of Justice
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4 Recommendation
Second Report - Pre-legislative sc…
Mandate specific inclusion of Victims' Code rights for children born of rape in the Bill.
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
Ministry of Justice
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5 Recommendation
Second Report - Pre-legislative sc…
Recognise victims of non-criminal anti-social behaviour as eligible for Victims' Code rights.
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
Ministry of Justice
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6 Conclusion
Second Report - Pre-legislative sc…
Lack of firewall between police and immigration enforcement compromises victim and witness safety.
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 … Read more
Ministry of Justice
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7 Recommendation
Second Report - Pre-legislative sc…
Introduce a complete firewall preventing police from sharing victims' data for immigration enforcement.
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
Ministry of Justice
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8 Conclusion
Second Report - Pre-legislative sc…
Victims Bill's broad principles do not significantly enshrine the Victims' Code in law.
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 … Read more
Ministry of Justice
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9 Recommendation
Second Report - Pre-legislative sc…
Publish draft updated Victims’ Code and regulations alongside Victims Bill for parliamentary scrutiny.
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
Ministry of Justice
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10 Conclusion
Second Report - Pre-legislative sc…
Overarching Victims’ Code principles remain too weak, placing onus on victims.
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 … Read more
Ministry of Justice
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11 Recommendation
Second Report - Pre-legislative sc…
Amend Clause 2 to mandate services inform victims of Code and strengthen entitlements.
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
Ministry of Justice
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12 Conclusion
Second Report - Pre-legislative sc…
Consultation obligation on Victims’ Code amendments currently remains too narrow.
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 … Read more
Ministry of Justice
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13 Recommendation
Second Report - Pre-legislative sc…
Strengthen provisions addressing agency non-compliance with the Victims’ Code within the Bill.
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
Ministry of Justice
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14 Recommendation
Second Report - Pre-legislative sc…
Undertake further research on Community Impact Statement usage and provide supportive guidance.
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
Ministry of Justice
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15 Recommendation
Second Report - Pre-legislative sc…
Ensure adequate counselling support for victims submitting statements to Mental Health Tribunals.
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
Ministry of Justice
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16 Recommendation
Second Report - Pre-legislative sc…
Provide further information on offender’s illness to aid relatives of mentally disordered victims.
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
Ministry of Justice
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17 Conclusion
Second Report - Pre-legislative sc…
Right to Review schemes and communication to victims require significant improvement.
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 … Read more
Ministry of Justice
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18 Conclusion
Second Report - Pre-legislative sc…
Victim participation in parole risks retraumatisation without effective counselling support provision.
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 … Read more
Ministry of Justice
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19 Conclusion
Second Report - Pre-legislative sc…
Diverting constrained CPS resources risks adverse effects on justice and victim experience.
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 … Read more
Ministry of Justice
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20 Recommendation
Second Report - Pre-legislative sc…
Include a legislative right for victims to access restorative justice services in the Bill.
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
Ministry of Justice
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21 Recommendation
Second Report - Pre-legislative sc…
Consider providing independent legal advice for vulnerable victims facing disclosure requests.
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
Ministry of Justice
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22 Conclusion
Second Report - Pre-legislative sc…
Counselling notes' therapeutic purpose requires strict enforcement of reasonable disclosure grounds.
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 … Read more
Ministry of Justice
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23 Recommendation
Second Report - Pre-legislative sc…
Offer free transcripts of sentencing remarks to victims and inquest findings to bereaved families.
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
Ministry of Justice
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24 Conclusion
Second Report - Pre-legislative sc…
Inadequate data collection hinders effective monitoring of Victims' Code compliance and agency accountability.
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 … Read more
Ministry of Justice
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25 Recommendation
Second Report - Pre-legislative sc…
Require PCCs to publish disaggregated data on Code compliance and share with Commissioner.
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
Ministry of Justice
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26 Recommendation
Second Report - Pre-legislative sc…
Set out clear escalation routes and rights for PCCs to challenge agency compliance.
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
Ministry of Justice
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27 Recommendation
Second Report - Pre-legislative sc…
Expand duty to collaborate to include children's services and victims outside the CJS.
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
Ministry of Justice
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28 Recommendation
Second Report - Pre-legislative sc…
Include reference to child domestic abuse victims and mandate needs assessments in guidance.
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
Ministry of Justice
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29 Recommendation
Second Report - Pre-legislative sc…
Unify diverse duties and multiple funding streams for effective victim support services
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
Ministry of Justice
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30 Recommendation
Second Report - Pre-legislative sc…
Issue clear guidance on governance and accountability for cross-area victim support collaboration
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
Ministry of Justice
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31 Conclusion
Second Report - Pre-legislative sc…
Duty to collaborate for community-based victim support services remains insufficient and unfunded
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 … Read more
Ministry of Justice
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32 Recommendation
Second Report - Pre-legislative sc…
Create national multi-year ring-fenced fund for specialist victim support service grants
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
Ministry of Justice
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33 Conclusion
Second Report - Pre-legislative sc…
Inadequate mandatory needs assessments hinder effective commissioning of victim support services
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 … Read more
Ministry of Justice
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34 Recommendation
Second Report - Pre-legislative sc…
Require statutory guidance to address under-representation in needs assessments and signpost specialist support
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
Ministry of Justice
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35 Recommendation
Second Report - Pre-legislative sc…
Mandate clear guidance for IDVA and ISVA court access, presuming entry for support
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
Ministry of Justice
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36 Recommendation
Second Report - Pre-legislative sc…
Incorporate full domestic abuse victim definition and define CHIDVAs and CHISVAs within the Bill
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
Ministry of Justice
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37 Conclusion
Second Report - Pre-legislative sc…
Mandatory guidance needed for ISVA and IDVA roles, training, and qualifications criteria
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 … Read more
Ministry of Justice
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38 Recommendation
Second Report - Pre-legislative sc…
Co-design ISVA/IDVA guidance with experts, ensuring independence and unrestricted access for victims
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
Ministry of Justice
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39 Conclusion
Second Report - Pre-legislative sc…
Victims Bill risks overwhelming services without significant additional funding provision
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 … Read more
Ministry of Justice
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40 Recommendation
Second Report - Pre-legislative sc…
Retain Victims' Commissioner's duty to oversee Victims' Code nationally, excluding Clause 11(2)(a)
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
Ministry of Justice
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41 Recommendation
Second Report - Pre-legislative sc…
Extend reply requirement for Victims' Commissioner's recommendations to include thematic reports
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
Ministry of Justice
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42 Recommendation
Second Report - Pre-legislative sc…
Require inspectorates to annually consult Victims’ Commissioner on integrating victim experiences into inspections
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
Ministry of Justice
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43 Recommendation
Second Report - Pre-legislative sc…
Inspectorates should consult Victims' Commissioner and PCCs when developing work programmes
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
Ministry of Justice
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44 Conclusion
Second Report - Pre-legislative sc…
Effective enforcement levers, including reinspection, crucial for improving agencies’ victim performance
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 … Read more
Ministry of Justice
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45 Conclusion
Second Report - Pre-legislative sc…
Removing MP filter for Ombudsman complaints long overdue; increase visibility and accessibility
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 … Read more
Ministry of Justice
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46 Conclusion
Second Report - Pre-legislative sc…
Victims Bill measures must not be diminished by Human Rights Act reforms
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 … Read more
Ministry of Justice
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47 Recommendation
Second Report - Pre-legislative sc…
Consider technical drafting concerns raised in annex before presenting Victims Bill to Parliament
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
Ministry of Justice
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48 Conclusion
Second Report - Pre-legislative sc…
Victims Bill unlikely to achieve sufficient change given existing criminal justice backlogs
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 … Read more
Ministry of Justice
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Correspondence 2 letters
19 Apr 2023 To committee Letter from the Rt Hon Dominic Raab MP, Lord Chancellor and Secretary of State for Justice, dated 29 March 2023 on the introduction of the Victims and Prisoners Bill
Parliament page
28 Jul 2022 To committee Letter from Tom Pursglove MP, Minister of State for Justice, dated 27 July 2022, on the Bill of Rights and victims of John Worboys
Parliament page