Posts Tagged ‘victim support’
Victims of crime: increase of the victim surcharge and consultation on new Code for victims
In March 2020, the Government announced that it was increasing the Victim Surcharge by 5%. This was done by a Statutory Instrument which came into force on 14 April 2020.
The Victim Surcharge is not a fine, but a separate charge which courts must impose on all offenders to ensure they bear some responsibility towards the cost of supporting victims. Revenue from the Surcharge contributes to the Victim and Witness Budget which is used to grant fund Police and Crime Commissioners, who commission local support services for victims. It also funds nationally commissioned support such as:
- Rape Support centres across England and Wales,
- the Court Based Witness Service, and
- the National Homicide Service.
The Government estimates that the 5% increase will raise between £1 million and £2 million a year to help fund victim support services. It will see offenders pay between £1 to £9 extra, depending on their sentence. The Government is considering whether the surcharge should be increased even further.
Also in March 2020, the Government announced a consultation on proposals to change the Victims’ Code. If brought into effect, these would change the structure of the existing Code so it becomes a clearly defined set of rights, that are easy for victims to understand and which set out the minimum level of service victims can expect from criminal justice agencies.
The proposals focus on a number of key areas:
- raising awareness and accessibility;
- providing clearer information on victims’ rights to access practical and emotional support;
- strengthening communication and taking account of the victim’s preferences; and
- increasing the voice of the victim by providing more flexibility in the Victim Personal Statement process.
The Consultation ran until the end of May 2020; the outcome is still awaited.
For the announcement on the increase in the victim surcharge, see https://www.gov.uk/government/news/criminals-made-to-pay-more-to-fund-victim-support
More information on the Consultation on the Victims Code is at https://consult.justice.gov.uk/victim-policy/consultation-on-improving-the-victims-code/
Unduly lenient sentences: scheme extension
For many years, the victims of a number of serious crimes have been able to make an application to the Solicitor General that the sentence imposed in their case was too lenient. Crimes such as murder, robbery, and a range of terror offences were covered by the scheme.
If the Solicitor General agrees he/she may refer the case to the Court of Appeal for a reconsideration of the sentence. In 2018, around 100 convicted criminals had their sentences increased under this scheme.
In its Victims Strategy, published in November 2018, the Government stated that it would review the scheme to see whether it should be extended to more offences.
The Government has announced (September 2019) that there should be an extension of the scheme to 14 further offences, including offences of controlling and coercive behaviour, as well as child sexual abuse offences, such as those involving the taking, distributing and publishing of indecent images of children and abusing a position of trust with a child.
Implementation of these decisions requires the approval of secondary legislation which is expected in the autumn 2019.
Further details of the changes is at https://www.gov.uk/government/news/more-victims-able-to-challenge-unduly-lenient-prison-sentences.
The Victims Strategy 2018 was noted in this blog on 29 November 2018
The Victims Strategy – 2018
In September 2018, the Government published its cross-government Victims Strategy. It sets out a criminal justice system wide response to improving the support offered to victims of crime and incorporates actions from all criminal justice agencies, including the police, CPS and courts.
It is divided into 5 key sections
- overarching commitments. These include:
- Strengthening the Victims’ Code, and consulting on the detail of victim focused legislation, including strengthening the powers of the Victims’ Commissioner, and delivering a Victims’ Law.
- Holding agencies to account for compliance with the Victims’ Code through improved reporting, monitoring and transparency.
- Developing the detail on the role of the Independent Public Advocate for bereaved families who have lost loved ones in extraordinary and tragic events.
- Abolishing the rule which denied compensation for some victims who lived with their attacker prior to 1979 and consulting on further changes to the Criminal Injuries Compensation Scheme.
- improving support for all victims of crime, whether or not they report the crime. This includes commitments to:
- Increase spending from £31 million in 2018 to £39 million in 2020/21 to improve services and pathways for survivors and victims of sexual violence and abuse who seek support to and from Sexual Assault Referral Centres.
- Develop a new delivery model for victim support services, coordinating funding across government.
- Expand and extend support available to families bereaved by homicide, including bringing in new funding for advocacy support for families bereaved by domestic homicide.
- Spend £8 million on interventions to ensure support is available to children who witness domestic abuse.
- Pilot the ‘Child House’ model in London, whereby multiple services are brought together in a child-friendly environment to minimise additional trauma.
- improving victim support after a crime has been reported. This includes commitments to:
- Introduce improved police training, including new guidance on conducting interviews and collecting evidence, and a trial of body worn cameras to take Victim Personal Statements.
- Increase the number of Registered Intermediaries, communication experts helping vulnerable victims and witnesses give their best evidence at police interview and at court, by 25%.
- Increase opportunities for victims to engage in alternative solutions to court.
- Improve overall victim communication, including when explaining decisions not to prosecute and on the right to review Crown Prosecution Service decisions.
- better support for victims during the court process. This includes commitments to:
- Improve the court environment, with new victim-friendly waiting areas and a new court design guide focussing on accessibility for the most vulnerable.
- Free up court time in the magistrates’ court by dealing with crimes with no identifiable victim (e.g. fare evasion) outside court hearings.
- Continue to use video links to allow vulnerable victims to provide evidence away from the defendant and courtroom altogether.
- Encourage take up of pre-trial therapy by launching new guidance and a toolkit for prosecutors and therapists.
- making sure victims understand a court’s decision, the implications for them, and for the offender. This includes commitments to:
- Review and consider extending the Unduly Lenient Sentence scheme so victims and the public can have sentences reconsidered by the Court of Appeal.
- Reform the Victim Contact Scheme, making it easier to opt in, introducing more frequent communication, and greater use of digital contact methods.
- Improve Victim Liaison Officer training, especially in supporting victims during parole hearings and in making a Victim Personal Statement.
- Review and consider whether any improvements need to be made to entitlements for victims of mentally disordered offenders.
This is substantial agenda of what seem to me to be good ideas. Some of them can be implemented quickly. Others will take more time. What is therefore also needed is a committment to publish progress reports which show how these initiatives are developing throughout the country.
Source: Adapted from https://www.gov.uk/government/publications/victims-strategy/victims-strategy-html-version where the full text of the strategy statement can be found.
New Code of Practice for Victims of Crime
In October 2015, a new Code of Practice for Victims was published, replacing one originally published in 2013. It sets out in some detail what victims of crime should expect from the criminal justice system. There are separate sections for adult and young victims. It also sets out the responsibilities the Code places on the key actors in the criminal justice system.
It is relevant to all stage in the criminal justice process: investigation and pre-trial; the trial itself; and post-trial.
The code summarises the entitlements as follows:
You are entitled to:
• A written acknowledgement that you have reported a crime, including the basic details of the offence;
• An enhanced service if you are a victim of serious crime, a persistently targeted victim or a vulnerable or intimidated victim;
• A needs assessment to help work out what support you need;
• Information on what to expect from the criminal justice system;
• Be referred to organisations supporting
victims of crime;
• Be informed about the police investigation, such as if a suspect is arrested and charged and any bail conditions imposed;
• Make a Victim Personal Statement (VPS) to explain how the crime affected you;
• Read your VPS aloud or have it read aloud on your behalf, subject to the views of the court, if a defendant is found guilty;
• Be informed if the suspect is to be prosecuted or not or given an out of court disposal;
• Seek a review of the police or CPS’s decision not to prosecute in accordance with the National Police Chiefs Council (NPCC) and CPS Victims’ Right to Review schemes;
Be informed of the time, date and location and outcome of any court hearings;
• Be informed if you need to give evidence in court, what to expect and discuss what help and support you might need with the Witness Care Unit;
• Arrange a court familiarisation visit and enter the court through a different entrance from the suspect and sit in a separate waiting area where possible;
• Meet the CPS advocate and ask him or her questions about the court process where circumstances permit;
• Be informed of any appeal against the offender’s conviction or sentence;
• To opt into the Victim Contact Scheme (VCS) if the offender is sentenced to 12 months or more for a specified violent or sexual offence;
• If you opt in to the VCS to:
– make a VPS for consideration by the Parole Board if the offender is considered for release or transfer and apply to the Parole Board to read it out at the hearing;
– make representations about the conditions attached to the offender’s licence on release and be informed about any licence conditions relating to you;
• Apply for compensation under the Criminal Injuries Compensation Scheme;
• Receive information about Restorative Justice and how you can take part;
• Make a complaint if you do not receive the information and services you are entitled to, and to receive a full response from the relevant service provider.
To see the whole Code, go to https://www.gov.uk/government/publications/the-code-of-practice-for-victims-of-crimeThis also gives links to a leaflet about the code and a text of a note that is given to victims.
Reflecting on how measures set out in the Queen’s Speech 2015 may impact on the English Legal System
The Queen’s Speech sets out each year the bare bones of the proposed legislative programme for the forthcoming 12 months.
I’ve been looking through the detailed briefing to see whether there are issues which will affect the English Legal System (ELS) that may not be apparent from the speech itself.
Here are my personal comments:
Enterprise Bill.
The headline aim of the new Bill is to reduce red tape and improve the ways in which regulators work. But there are also two specific ELS related issues that may be noted:
- Establishing a Small Business Conciliation Service that will handle business-to-business disputes without the need for court action, tackling in particular, late payment issues;
Immigration Bill
Among proposed measures to be set out here, there are proposals to change the way in which immigration appeals work. In particular, the Government plans to:
Extend the principle of “deport first, appeal later” from just criminal cases, to all immigration cases. In 2014 thelast government cut the number of appeal rights but other than foreign criminals, migrants retain an in-countryright of appeal against the refusal of a human rights claim. We will now extend the “deport first, appeal later” principle to all cases, except where it will cause serious harm.
To create a presumption that suspects will be released without bail unless it is necessary.The Bill would initially limit pre-charge bail to 28 days, with an extension of up to three months, authorised by a senior police officer.In exceptional circumstances, the police will have to apply to the courts for an extension beyond three months, to be approved by a magistrate.This will introduce judicial oversight of the pre-charge bail process for the first time, increasing accountability and scrutiny in a way that is manageable for the courts.
Victims in the criminal justice system: getting the balance right
Successive governments have attempted to improve the position of the victims of crime in the criminal justice system. But there is clear evidence that there is still room for further improvement.
In January 2015, the Victims’ Commissioner, Baroness Newlove, published a report which showed the gap between what was supposed to happen to victims, and what actually happened. The principal recommendation of her report was the adoption of a set of principles, drawn up by her, to which all actors in the criminal justice system should adhere.
The Commissioner stated that all victims should have:
- Clear information from agencies and service providers on how they will support them in raising a concern or making a complaint about the service they have received
- Information on how informal concerns can be submitted and dealt with, in additional to processes for the submitting of formal complaints
- Details on how agencies and service providers will keep victims informed of the progress of their complaint at all stages
- The option to state their preferred method of communication with an agency or service provider when raising a concern or making a complaint
- Clear information to understand what to do if not happy with the response that has been received, including details about the role of the Parliamentary and Health Service Ombudsman and the right to complain to them
- Information on how they might be able to be involved in developing, reviewing and improving an agency’s or service provider’s complaints process.
In addition, she stated that agencies and service providers should ensure they offer to all victims:
- A clear statement about the support they will provide to victims who wish to raise a concern or make a complaint about the service that has been provided
- Processes to deal with concerns swiftly and informally where appropriate, in addition to processes to deal with more formal complaints
- A commitment that they will deliver mandatory training and development plans for all staff who deal with victims’ complaints
- A commitment to ensure that all staff who interact with victims, have in place a performance objective reflecting how they will be held accountable for treating victims with empathy, dignity and respect
- Properly defined processes and recording practices which enable victims complaints to be handled proactively and appropriately
- A published statement on whether they will apply the Parliamentary and Health Service Ombudsman’s Principles of Good Complaint Handling in their complaints processes
In addition, agencies should publish information illustrating how complaints from victims have led to improvements in services.
The Government announced in February 2015 that it accepted these proposals and would work to bring them into practical effect.
The Commissioner’s report is at http://victimscommissioner.org.uk/baroness-newlove-victims-still-let-down-by-justice-agencies/
The Government’s response is at https://www.gov.uk/government/news/response-to-the-victims-commissioners-review-of-complaints-and-resolution-for-victims-of-crime
In January 2015, the Government has announced that an online service TrackMyCrime, which has been developed by Avon and Somerset police, will start to be rolled out nationally. This is designed to keep victims updated on the progress of their case, allow them to submit details about stolen or damaged property, and find information on support and advice. Crucially, officers and victims can securely exchange messages with one another at any time and police can regularly update victims on the progress of the case. This offers more flexibility for victims and will be more efficient for police officers working shifts.
See https://www.gov.uk/government/news/online-tracking-service-launched-for-victims-of-crime
And in yet a further development, the Government has announced further support for victims and witnesses in court, through a doubling of the number of Registered Intermediaries – people able to support victims and witnesses as they give evidence in court.
See https://www.gov.uk/government/news/courtroom-communications-experts-to-double
Victim’s right to review a decision not to prosecute.
It used to be the case that when the Crown Prosecution Service (CPS) decided not to proceed with a prosecution, that was the end of the matter. The courts were clearly unhappy that the CPS should never reconsider a decision not to prosecute. On 29 June 2011, the Court of Appeal in R v Christopher Killick [2011] EWCA Crim 1608, considered in some detail the right of a victim of crime to seek a review of a CPS decision not to prosecute. It concluded that:
• a victim has a right to seek a review in such circumstances;
• a victim should not have to seek recourse to judicial review;
• the right to a review should be made the subject of a clearer procedure and guidance with time limits.
Following this judgement, the CPS created a new scheme – the Victim’s Right to Review Scheme – to give effect to the principles laid down in Killick and also to meet Article 10 of the European Union Directive establishing minimum standards on the rights, support, and protection of victims of crime. It was launched in June 2013.
Data recently published by the CPS shows that between 5 June 2013 and 31 March 2014, the CPS made 113,952 decisions which could be subject to appeal under the VRR scheme. The CPS reviewed 1,186 cases; of these 162 decisions were overturned.
The CPS also undertoook some work to see how the scheme was working in the light of experience. The outcome of this work is that a slightly revised, final, scheme of review was prepared and published in July 2014.
For the data, see http://www.cps.gov.uk/victims_witnesses/victims_right_to_review/vrr_data/index.html
The revised scheme is at http://www.cps.gov.uk/victims_witnesses/victims_right_to_review/index.html
Martin Partington: Introduction to the English Legal System 15th ed 2021
Oxford University Press Learning Link Resources
Martin Partington: Spotlight on the Justice System 