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
2 Letters
3 Events
Activity timeline 7 events
19 Apr
2023
Correspondence
19 Jan
2023
Report published
30 Sep
2022
Report published
28 Jul
2022
Correspondence
28 Jun
2022
Formal meeting (oral evidence session) · Room 5, Palace of Westminster
21 Jun
2022
Formal meeting (oral evidence session) · Room 15, Palace of Westminster
14 Jun
2022
Formal meeting (oral evidence session) · Room 15, Palace of Westminster
Title HC No. Published Items Response
Second Report - Pre-legislative scrutiny of the draft Victims Bi… HC 304 30 Sep 2022 48 Responded
Recommendations & Conclusions
22 results
Clear
2 Conclusion Accepted
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
Government Response
The government agreed witnesses should be confined to those suffering harm, stating this is already accounted for in Clause 1's definition, and clarified that the inclusion of witnesses in the Bill does not impact the Code's application as it already allows for differentiated entitlements.
Ministry of Justice
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3 Recommendation Accepted
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
Government Response
The government committed to amending the Bill to include bereaved families as victims ahead of introduction and will carefully consider how to define specific relatives in legislation.
Ministry of Justice
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4 Recommendation Accepted
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
Government Response
The government agreed on the need for clarity and intends to explicitly reference persons born as a result of rape in the definitions of a victim in both the Bill and the new Code.
Ministry of Justice
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11 Recommendation Accepted
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
Government Response
The government committed to accepting the recommendation to place an obligation on statutory services to make victims aware of the Victims’ Code and will develop an appropriate framework. However, it rejected rephrasing principles from 'should' to 'must' for operational flexibility.
Ministry of Justice
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18 Conclusion Accepted
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
Government Response
The government accepted the recommendation, stating it is putting measures in place for emotional support, and will introduce victim observation of parole hearings through a limited testing phase in the South West Probation Region, offering pathways to professional support.
Ministry of Justice
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22 Conclusion Accepted
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
Government Response
The government states the recommendation reflects its existing position and that recently published CPS guidance already clarifies that third-party material should only be considered when necessary, proportionate, and relevant to a reasonable line of enquiry.
Ministry of Justice
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25 Recommendation Accepted
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
Government Response
The government commits to consulting the Victims’ Commissioner and local victims’ groups on data collection requirements and will explore publishing standardised, disaggregated data, considering how to share it and ensure confidentiality.
Ministry of Justice
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27 Recommendation Accepted
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
Government Response
The government will update the Bill to require commissioners to specifically consider child victims' needs in their strategies and states the Bill's current definition of a victim already ensures support for those not in contact with the criminal justice system.
Ministry of Justice
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28 Recommendation Accepted
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
Government Response
The government agrees to amend the Bill to include reference to Section 3 of the Domestic Abuse Act 2021 to capture children as victims in their own right. It will also update the Bill to require commissioners to specifically consider the needs of child victims when preparing their joint commissioning strategy.
Ministry of Justice
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29 Recommendation Accepted
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
Government Response
The government states that the Victims Bill's duty to collaborate and the existing Victims Funding Strategy aim to bring together complex duties and funding models, and it will continue to consider further transparency.
Ministry of Justice
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31 Conclusion Accepted
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
Government Response
The government rejects strengthening the duty to collaborate but commits to increased multi-year funding for victim services, including a minimum of £460 million over three years for PCC-funded services and an additional £20 million for NHS England for sexual and domestic abuse services.
Ministry of Justice
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32 Recommendation Accepted
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
Government Response
The government commits up to £6 million for 'by and for' services and £2.5 million for specialist services over two years (2023/24-2024/25), but rejects placing a specific responsibility on local commissioners to commission 'by and for' services.
Ministry of Justice
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37 Conclusion Accepted
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
Government Response
The government accepted the recommendation to change the Bill to require guidance on the role, functions, training, and qualifications of ISVAs and IDVAs. The Ministry of Justice and Home Office are collaborating to ensure new ISVA statutory guidance builds on and replaces existing Home Office guidance.
Ministry of Justice
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38 Recommendation Accepted
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
Government Response
The government agreed to co-design statutory guidance with support sector experts and has already begun this engagement. They also committed to working with other departments to consider how the independence of ISVA and IDVA roles might be reflected in guidance, noting their support for victims regardless of criminal justice system engagement is already established.
Ministry of Justice
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39 Conclusion Accepted
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
Government Response
The government stated it has increased funding for support services, including £34 million ringfenced for ISVAs and IDVAs in 2022/23. They committed to increasing the number of MoJ-funded ISVAs/IDVAs by 300 to over 1,000 by 2024/25 and will continue to monitor demand.
Ministry of Justice
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40 Recommendation Accepted
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
Government Response
The government will amend the Bill to retain the Victims’ Commissioner’s duty to oversee the operation of the Victims’ Code at a national level and will implement this change ahead of introduction.
Ministry of Justice
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41 Recommendation Accepted
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
Government Response
The government agreed that agencies within the Victims’ Commissioner’s remit should be required to respond to all reports, including thematic reports, and committed to implementing this change ahead of the Bill's introduction.
Ministry of Justice
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42 Recommendation Accepted
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
Government Response
The government accepts the recommendation, agreeing that inspectorates should be required to consult with the Victims’ Commissioner annually, and will seek to implement this change by developing a framework with relevant bodies.
Ministry of Justice
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43 Recommendation Accepted
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
Government Response
The government agrees with the recommendation that inspectorates should consult the Victims’ Commissioner and will seek to implement this change, working closely to develop a framework. Data sharing with PCCs is addressed in a separate response.
Ministry of Justice
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44 Conclusion Accepted
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
Government Response
The government accepted the recommendation, stating that reinspection is already utilized by inspectorates and will play a helpful role in driving up improvement for agencies found to be failing victims.
Ministry of Justice
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45 Conclusion Accepted
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
Government Response
The government agreed to increase the visibility of the PHSO, stating they are working on improving access to and quality of materials on complaints and that the PHSO is conducting outreach work. However, the response did not address the removal of the MP filter or allowing non-written complaints.
Ministry of Justice
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47 Recommendation Accepted
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
Government Response
The government will revise the drafting of clause 5(11)(c) to make the wording clearer.
Ministry of Justice
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Government Response AI assessment · 48 of 29 classified
Accepted 22
Acknowledged 11
Not Addressed 1
Rejected 14
Total 29 recs + 19 conclusions
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