I beg to move that leave be given to bring in a Bill to establish a framework of rights for victims of crime; to provide for the enforcement of such rights; to provide for the training of criminal justice staff on the impact of crime on victims; and for connected purposes.
It has been my honour and privilege to serve in the Home Office in a variety of roles over the past few years and to see up-close the functioning of our justice system. Of course no system of laws nor enforcement can be made perfect; that's our nature as human beings. But the role of this system is to enforce the norms of our society: basic norms such as you shall not steal, you shall not murder, and many other legitimate laws that are designed to protect the country and the people living in it.
These laws are designed to prevent people from becoming victims, and it is sad but true that there are laws that are broken and there are victims that such law-breaking leaves behind. I know it is of them we think when we- a general we, not just the Government- speak of a need to be tough on crime, because we want to not only uplift and protect victims but to also prevent the creation of new victims in the future. And yet our system loses sight of that need to uplift and protect victims rather early on in the process. Yes, they are involved in criminal investigations. But when our criminal justice system takes over, there is less there to protect victims of crime and to let them play a meaningful role in the process.
The Bill would ensure that victims have the right to accurate and timely information from all relevant agencies; notice of all court and legal proceedings relating to the victim’s perpetrator; and direct contact details of all criminal justice agencies and individuals involved in the proceedings. For those who are at continued risk- such as victims who are involved in domestic violence or on-going abuse cases- there is protection provided for them in ensuring that they have access to protection throughout the criminal justice process itself. Victims need not fear being put into the same room as those that might hurt them or even frighten them away from sharing their part of the story, important as it is. There is also a provision to ensure that victims would have the right to a case companion who would update the victim on the progress of their case. Young witnesses would also have access to registered intermediaries to help them understand court procedures.
Most importantly, this Bill also ensures those rights are enforceable. It is one thing to have a declaration of this is how victims shall be treated, but to leave it at that would be doing a disservice to those very victims that again our entire system is designed to uplift and protect. It establishes an independent board with the authority to investigate violations of the rights established under this Bill, and ensures that board has the authority to levy fines against individuals or against organisations- of the state or otherwise- that would not protect those rights.
It is my hope that this Bill sees the cross-party support that it deserves. I don't think there is anyone in this House that would be against providing greater support and protections to the victims of crime. We all would want to see change, because that is something that we owe the victims of crime who have suffered and deserve only fair treatment and just compensation for what they have suffered through no fault of their own.
I commend this Bill to the House.
Link to legislation in Google Docs (READ-ONLY): https://docs.google.com/document/d/1dUJ ... sp=sharingVictims (Bill of Rights) Act 2001
An Act to establish a framework for rights for victims of crime; to provide for the enforcement of such rights; to provide for the training of criminal justice staff on the impact of crime on victims; and for connected purposes.
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Section 1. Victims’ Rights Framework.
(a.) The Secretary of State shall within one year of this Act coming into force make an order containing a framework setting out the rights of victims of crime, to be known as the “Victims’ Bill of Rights”.
(b.) An order under subsection 1 must include provisions of a kind set out in Schedule 1 to this Act.
Section 2. Enforcement Through Regulatory Body.
(a.) The Secretary of State shall establish a regulatory body, to be known as the Victims’ Rights Board (hereafter referred to as the VRB).
(b.) The duties of the VRB shall be to ensure the rights laid out in this legislation and in the accompanying framework in Section 1. are enforced and to investigate charges from victims or from other persons that such rights have been breached.
(c.) The VRB shall also, in cooperation with the Secretary of State and with other relevant and interested stakeholders, develop quality standards for the provision of victims’ services and to prepare recommendations on changes or additions to the rights laid out in this legislation and in the accompanying framework in Section 1.
(d.) The VRB shall, in cooperation with the Secretary of State and with other relevant and interested stakeholders, provide an annual report on its progress in developing and maintaining quality standards for the provision of victims services and on any changes or additions to the rights laid out in this legislation. The report must be submitted to the Secretary of State and any relevant and interested stakeholders every 12 months and the results of such a report must be made publicly accessible.
(e.) An investigation carried out under subsection (b.) must be completed within 28 days of the complaint being received and the VRB must present the findings of its investigation to the victim of crime concerned and to the person making the complaint, where they are not the victim of crime concerned.
(f) Where the VRB upholds a complaint, the person or body which is the subject of the complaint must respond to the complaint within 28 days.
(g.) The VRB may impose a fine on a person or body if that person or body fails to provide a response under subsection (e.) within 28 days; or is found by the VRB to have breached the victim’s rights under the rights laid out in this legislation and in the accompanying framework in Section 1.
(h.) An agency or individual fined under subsection (f.) shall be liable to pay such compensation as the VRB shall determine to the victim concerned and/or to the Victims Compensation Fund (VCF, detailed below).
(i.) The Secretary of State shall by regulations make further provision about the appointment, responsibilities and accountability of the VRB.
Section 3. Victims Compensation Fund.
(a.) There shall be established an independent fund by HM Treasury, such fund to be named and referred to as the Victims Compensation Fund (VCF).
(b.) The VCF shall be the vehicle through which payments made under the Criminal Injuries Compensation Scheme are paid, with such sums continuing to be paid for out of money provided by Parliament.
(c.) The Secretary of State and the appropriate authority as designed by the Secretary of State shall oversee the fund.
(d.) The Secretary of State shall within one year of this Act coming into force provide a revision to the Criminal Injuries Compensation Scheme which would include additional payment provisions for non-physical-injury-related costs. Such revision must include coverage of a kind set out in Schedule 2 of this Act.
Section 4. Financial Provisions.
(a.) With the exception of payments that are to be made from the Victims Compensation Fund in Section (3.) of this Act, any expenditure incurred under this Act by the Secretary of State shall be paid for out of money provided by Parliament.
(b.) With the exception of sums directed to be paid to a victim under the provisions of Section (2.)(g.), all sums received by the Secretary of State under this Act shall be paid into the Victims Compensation Fund.
Section 5. Orders and Regulations.
(a.) Any power to make an order or regulations under this Act is exercisable by statutory instrument.
(b.) A statutory instrument containing an order or regulations under this Act may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
Section 6. Enactment and Extent
(a.) This Act may be cited as the "Victims (Bill of Rights) Act 2001."
(b.) Sections (1.) and (2.) of this Act shall extend only to England, Wales, and Northern Ireland.
(c.) Consistent with the Criminal Injuries Compensation Act 1995, Sections (4.) and (5.) shall extend only to England, Wales, and Scotland.
(d.) This Act shall come into effect following Royal Assent and on such a day that the Secretary of State may appoint by statutory instrument.
Schedule 1. Victims’ Bill of Rights
Overarching Rights
(1.) A victim of a crime shall be entitled to receive, at their request-
(a.) accurate and timely information from all criminal justice agencies concerned relating to the detection and prosecution of the relevant crime and relating to the support of victims of crime;
(b.) adequate notice of all relevant court and legal proceedings, including information about decisions by and discussions between or among criminal justice agencies relating to the person convicted of the crime including information of any previous sentences served by such convicted person, changes to the circumstances of the convicted person on parole or in custody, and information on crimes committed by the convicted person outside the United Kingdom, provided that such information does not violate rights of privacy;
(c.) access to adequate interpretation and translation services; and
(d.) information about direct contact details of criminal justice agencies and individuals involved in court or other legal proceedings.
(2.) Police Authorities must provide safe and effective ways for victims to report a crime in the relevant area, including through anonymous means.
(3.) The VRB must review arrangements set up in paragraph (2.) and report the results of the reviews.
Right to Review Decisions Not to Prosecute
(4.) In the event of a criminal prosecution being discontinued by a relevant authority, including the Crown Prosecution Service, a person affected by the alleged crime shall be entitled to request a review of that decision and shall have the rationale for such decision explained to them.
Treatment of Victims of Crime in Court Proceedings
(5.) During criminal justice proceedings, the relevant criminal justice agencies must ensure that victims of crime-
(a.) are not subjected to unnecessary delay by any other party to the proceedings;
(b.) are treated with respect and dignity by all parties involved; and
(c.) do not experience discriminatory behavior from any other party to the proceedings.
(6.) Children and vulnerable people must be able to give evidence to a court from a location away from that court or from behind a protective screen.
(7.) The investigating police force concerned must ensure the safety and protection of victims of crime during proceedings, including but not limited to-
(a.) a presumption that victims of crime may remain domiciled at their home with police protection if necessary and feasible; and
(b.) ensuring the victim and those accompanying them are provided with access to discreet waiting areas during relevant proceedings.
Representation
(8.) All victims of crime shall have access to an appropriate point of contact to liaise with relevant criminal justice agencies on their behalf and help inform and explain the progress, outcomes, and impacts of their case.
(9.) Children or those who need assistance shall have access to a trained expert to help them understand what is happening in proceedings as necessary.
(10.) Victims must have access to any relevant civil or criminal proceedings where possible and must have the right to provide their account of the crime as part of such proceedings, whether in person or through other means. This shall include, but not be limited to, the ability to provide a statement to a court as part of sentencing.
Disclosure
(12.) Relevant criminal justice agencies shall ensure that personal data of a victim is not disclosed where such disclosure may put the victim at risk of harm.
(13.) Victims of crime shall have access to transcripts of any relevant legal proceedings at no cost.
(14.) Information about any crime committed against a victim for which a person on trial in a case involving that victim has been found guilty must be disclosed to the court in relevant proceedings.
Compensation and Costs
(15.) The Secretary of State must take steps to ensure that victims of crime-
(a.) have access to financial compensation from public funds for any detriment arising from the criminal case concerned through the VCF;
(b.) are supported through the application process for compensation from public funds through the VCF with the adequate provision of all necessary information and contacts;
(c.) are made aware of their rights for query or appeal if they believe any compensation they receive through the VCF to be inadequate;
(d.) have restored to them any property or personal belongings that have been seized for use as evidence during criminal proceedings, in a condition similar to that in which the property or belongings were seized;
(e.) are given the right to approve or refuse the payment of any compensation order made by a court against a person convicted of a crime against them inasmuch as such compensation is related to the crime that targeted the specific victim;
(f.) have reimbursed to them any expenses incurred in their attendance in court or related legal proceedings, whether in the UK or overseas; and
(g.) access to legal advice at no cost throughout the legal process.
(16.) The Secretary of State shall ensure-
(a.) that criteria for the awarding of compensation is made available to those seeking compensation from the VCF; and
(b.) that the criteria used by the VCF to determine the awarding of compensation to applicants is routinely reviewed and updated to ensure it is best serving the objectives of the VCF in supporting victims.
Training
(17.) The Secretary of State shall ensure-
(a.) that judges, barristers and solicitors involved in criminal cases, those working within the VRB, VCF, all other relevant criminal justice agencies and any other government agencies that may come into contact with victims have specialist training on the impact of crime on victims as well as victims rights. Such training shall include specialised training on the impact of sexual and domestic violence; and
(b.) that judges, barristers and solicitors involved in criminal cases, those working within the VRB, VCF, all other relevant criminal justice agencies and any other government agencies that may come into direct contact with victims through the criminal justice process, either via in-person meetings or by forms of correspondence, have specialist training on how to best approach, interact and work with victims throughout the duration of the criminal justice process.
Schedule 2. Additional Compensation Categories for Criminal Injuries Compensation Scheme
Acceptable Expenses
(1.) The Criminal Injuries Compensation Scheme shall include compensation for the following acceptable expenses related to injuries from a crime to a victim or to a victim’s next of kin or authorised close acquaintance. Such expenses include-
(a.) mental health services where it is determined that publicly-available services are insufficient or unavailable in the victim’s area;
(b.) funeral-related expenses for the victim of a crime that resulted in death, to be payable to the next of kin or an authorised close acquaintance;
(c.) compensation for crimes that do not result in injuries already covered by the Scheme including sexual assault or rape; and
(d.) loss of property that was the direct result of a crime and where compensation is not covered by insurance or other reimbursement or compensation programs.
Eligibility
(2.) Compensation from the Scheme shall not be reduced or denied because the recipient or victim was convicted of a crime, so long as that conviction is not related to the crime that is being compensated for.
Source of Funds
(3.) The VCF shall be used to pay for compensation under the Scheme where funds are available; else any expenses shall be paid out of money from Parliament under the terms of the Criminal Injuries Compensation Act 1995.
((edited to include the amendments from the Shadow Home Secretary))