Weekly Policy Report

Below are the main policy activities relevant to victim services which took place from the 26th February - 4th March.

Politics

In the House of Commons, MPs debated the police funding formula. Rt Hon Keith Vaz MP said it was clear from the evidence given by five police and crime commissioners to the Home Affairs Committee last week that they have not been consulted on the new review. He added that the Policing Minister Mike Penning has not provided a date for when the funding review will commence nor has the government responded to the Select Committee’s report on the subject. The Policing Minister said that before the review can begin, polices forces need to come forward with their own capability reports which will be used to inform the new funding formula. Responding to a question asked by Gareth Thomas MP, he said he could not categorically rule out the possibility that the review could be put off until 2019.

The following written questions were answered:

Ann Coffey (Stockport): To ask the Secretary of State for Justice, what the average time between (a) offence commission and charge, (b) charge and first court appearance and (c) first court appearance to sentencing or acquittal was for all completed sexual offences cases where the victim was (i) a minor and (ii) an adult in each year since 2013.

Statistics published by the Policing Minister, Mike Penning, in response showed that in 2015 the average time between offence and charge for sexual offence cases where the victim was a minor was 426.1 days. From first listing to completion it then took on average another 132.2 days.

Amanda Solloway MP was appointed Rapporteur on Mental Health and Human Rights by the Joint Committee on Human Rights.

The week ahead:

  7th March - Legislation. Policing and Crime Bill – 2nd reading – Mrs Theresa May.

  7th March - European Committee B. Subject: European Union Document No. 14926/15, a Proposal for a Directive on combating terrorism and replacing Council Framework Decision 2002/475/JHA.

  8th March - The Justice Committee will publish its Fifth Report of Session 2015-15, on the draft sentencing guideline on community and custodial sentences.

  8th March - Oral questions. Justice, including Topical Questions.

  11th March - Criminal Driving (Justice for Victims) Bill - 2nd reading - Greg Mulholland.

  11th March - Legislation. Victims of Crime Etc (Rights, Entitlements and Related Matters) Bill - 2nd reading - Keir Starmer.

  11th - 13th March - Liberal Democrat Spring Conference, York.

Victim experience of the criminal justice system

A report by the National Audit Office (NAO) found that delays in the criminal justice system are getting worse. Between March 2013 and September 2015, backlogs in the Crown Court increased by 34% and the waiting time for a Crown Court hearing increased by 35%. The NAO also found “significant regional variation in the performance of the criminal justice system” across England and Wales. A victim of crime giving evidence at a trial in North Wales has a 7 in 10 chance that their case will go ahead. However in Greater Manchester this falls to a 2 in 10 chance.

Victim Support contributed to the fieldwork of this report and we specifically raised concerns about the increase in court waiting times and the implications for victims. Our recent report, Waiting for Justice, also highlighted that the consequences of an overburdened courts system are serious and far reaching. Attending court as a victim or witness can already be a stressful and worrying experience. Our research has shown that long waits for cases to reach trial unnecessarily adds to their anxiety and without resolution of their case many victims can struggle to move on from the crime.

Statistics

Figures obtained by Victim Support through the Freedom of Information Act have revealed that in 2014/15 there were 5,220,835 victims of crime. Figures were requested from the ONS as they are not published in the Crime Survey for England and Wales (CSEW) release. However, as the CSEW does not currently capture the full extent of fraud and cybercrime in its survey, this figure excludes many of the victims of these offences.

Figures obtained by the Labour Group in the London Assembly under the Freedom of Information Act reveal that the Metropolitan Police Service has not reached its target of recruiting 200 more detectives to investigate rape and abuse allegations. Sir Bernard Hogan-Howe, Metropolitan Police Commissioner, said in September 2015 that “we would like to get them in place by the end of this calendar year.” However, the recently obtained figures reveal that as of December 2015 only 47 had been recruited to the Sapphire unit (which investigates incidents of rape and other serious sexual violence).

Cyber-crime and the Investigatory Powers Bill

The Crown Prosecution Service (CPS) is updating its guidelines on social media “to incorporate new and emerging crimes that are being committed online and to provide clear advice to help the prosecution of cyber-enabled crime”. The CPS launched a ten-week consultation, closing on 12 May, about the proposed revisions. Alison Saunders, Director of Public Prosecutions, said: “Worryingly we have seen an increase in the use of cyber-enabled crime in cases related to Violence against Women and Girls, including domestic abuse. Offenders can mistakenly think that by using false online profiles and creating websites under a false name their offences are untraceable”.

According to the Guardian, Twitter will train prosecutors in England and Wales to better fight online abuse. Jenny Hopkins, Chief Crown Prosecutor and the CPS lead on violence against women, told the Guardian that “Social media is increasingly being used as a tool against women and I think it is really positive that Twitter is going to be training our lawyers in the months ahead”.

The National Fraud Intelligence Bureau’s (NFIB) Proactive Intelligence Team have found that people experiencing​ mental health issues are increasingly being recruited to become money mules unknowingly.

The Home Secretary Theresa May presented the Investigatory Powers Bill to Parliament. The Home Office also published a number of documents relating to the Bill, including the Government’s response to pre-legislative scrutiny and draft codes of practice.

In an open letter published by the Telegraph, MP’s, Lords, charities, academics and lawyers urged the Government not to rush the Bill through Parliament. As three parliamentary reports on the draft Investigatory Powers Bill found that “it does not meet the requirements of clarity, consistency and coherence” they argued that the Government’s plan to pass the legislation this year “is not in the nation’s interest”.

Responding to the publication of the Bill, Director of Liberty Shami Chakrabarti said: “Less than three weeks ago, MPs advised 123 changes to the majorly flawed Draft Bill. The powers were too broad, safeguards too few and crucial investigatory powers entirely missing. Minor Botox has not fixed this bill. Government must return to the drawing board and give this vital, complex task appropriate time. Anything else would show dangerous contempt for parliament, democracy and our country's security."

Sexual and Domestic Abuse

Nusrat Ghani MP, in partnership with Barnardo’s, has set up a cross-party parliamentary inquiry “to examine how we respond to children who display harmful sexual behaviour (HSB) and whether changes to legislation, policy and practice may be needed”. Launching the inquiry Nusrat Ghani MP said: “we know that children in every community are at risk of sexual harm, and that much more must be done to prevent abuse and exploitation. Technology and the internet has created new challenges in this area, and we must make sure our laws, policy and practice are fit for purpose”. The closing date for submissions is 12 April.

The Independent has reported that funding for specialist services that support BAME women and girls who have experienced sexual violence will not be ring fenced in the Government’s refreshed Violence Against Women and Girls strategy. It is expected to be published around 8 March, International Women’s Day.

The NSPCC, NPC (a think tank and consultancy for the third sector) and Hactar (a product and service design agency) are piloting a data sharing platform in the field of children’s services. Supportshare.org will allow organisations to see what others are doing and learn from best practice. Organisations who are involved in supporting children of abuse or neglect can register to share information.

Sentencing

Research by the Howard League for Penal Reform revealed that “more people are serving indeterminate prison sentences in England and Wales than in the other 46 countries in the Council of Europe combined”. In a briefing paper, the Howard League have called for the introduction of a law that would “enable people sentenced to an indeterminate term, who had made an exceptional effort, to apply for earlier parole eligibility”.

Tunisia

During a preliminary hearing at the Royal Courts of Justice, Andrew Ritchie QC (who is representing the 16 families of the British people killed in Tunisia) said there were "likely to be civil claims" in the future. Referring to the families, he said "they are very concerned that TUI (Thomson's parent company) and the travel industry in England and Wales are still involved in a general practice which puts customers at risk by hiding or ignoring Foreign Office warnings in their brochures and booking forms.” Another pre-inquest hearing is expected to be held on 25 May, with the inquest planned for 16 January 2017.

Restorative Justice

The Restorative Justice Council launched a campaign aimed at raising awareness of restorative justice amongyoung men. RWD FWD is targeted at those who have either been a victim of crime or been involved in a crime.

Awareness and Remembrance Days

8th March – International Women’s Day

11th March – European Remembrance Day for Victims of Terrorism

For further information on the contents of this briefing please contact the Victim Support policy team at .