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Victims and Prisoners Bill - Sitting 14 (Afternoon)

11 July 2023

Proposing MP
South East Cornwall
Type
Public Bill Committee

At a Glance

Issue Summary

The statement discusses the process of debating new clauses in the Victims and Prisoners Bill, specifically mentioning Clause 4 which relates to information for victims. The statement discusses proposed amendments to the Police, Crime, Sentencing and Courts Act 2022 to introduce new procedures and safeguards for victim information requests. The statement addresses proposed changes to the Victims and Prisoners Bill to protect victims' rights when their information is requested by law enforcement. Sheryll Murray discusses concerns about new clause 4 of the Victims and Prisoners Bill, arguing that it does not offer sufficient protection for therapy notes. The statement addresses the misuse of information related to victims, particularly those affected by sexual violence or abuse, emphasizing the need for stronger protections for their confidential counseling records. Sheryll Murray is discussing new clause 6 of the Victims and Prisoners Bill, which pertains to developing a single core dataset for victims of child sexual abuse. The statement addresses the lack of a single core dataset for child sexual abuse and exploitation in England and Wales as recommended by the independent inquiry into child sexual abuse (IICSA). The statement addresses the government's response to recommendations from the independent inquiry into child sexual abuse (IICSA) regarding data collection on child sexual abuse. Sheryll Murray discusses a new clause that would require local authorities to commission specific support services for child victims. Sarah Champion discusses the need for sufficient and specific support services for children who are victims of crime, highlighting issues with current provision and the impact on victims. The statement addresses new clauses in the Victims and Prisoners Bill related to support for child victims of crime. The statement addresses the introduction of independent legal advocates for rape victims to improve their experience within the criminal justice system. The statement discusses a proposed new clause for the Victims and Prisoners Bill which would require the Secretary of State to develop proposals for a scheme providing free and independent legal advice for rape victims. The statement addresses new clause 20 regarding data-sharing exemptions for victims of crimes in relation to immigration purposes. Sheryll Murray discusses the need for a firewall to prevent data sharing between the police and immigration enforcement, ensuring migrant women can report abuse without fear of deportation. The statement discusses the issue of victims of crime, particularly women facing domestic abuse and immigration issues, not receiving adequate protection from law enforcement due to fears of deportation. The statement discusses the sharing of victim data with immigration enforcement and proposes actions to safeguard victims of domestic abuse. The statement addresses a proposed clause to suspend parental responsibility for individuals convicted of murder or voluntary manslaughter of another parent. Ellie Reeves discusses the issue of retaining parental responsibility for prisoners who have committed violent crimes against their children's mother. The statement discusses new clause 21 of the Victims and Prisoners Bill, which aims to protect children from abusers who have killed their parents by suspending parental responsibility. The statement addresses a new clause proposing automatic suspension of parental responsibility when one parent is convicted of murdering or committing voluntary manslaughter of the other parent. The statement addresses new clause 25 which would require an annual report on the impact of the Secretary of State's powers in relation to release decisions for individuals with protected characteristics. The statement addresses the need for an annual report on release decisions for top-tier offenders, including how cases are referred and decided upon, broken down by protected characteristics. The statement addresses a new clause aimed at ensuring that victims of domestic abuse who do not have recourse to public funds still receive necessary services according to the victims' code. Edward Argar is addressing the debate on new clause 26 of the Victims and Prisoners Bill, which aims to ensure that victims of domestic abuse without recourse to public funds can receive services under the victims code. The statement addresses concerns about the effectiveness of the Victim Contact Scheme (VCS) and proposes a new clause requiring annual reports assessing various aspects of VCS's operation. The statement addresses the victim contact scheme's operation and effectiveness. Sheryll Murray thanks various stakeholders for their work on the Victims and Prisoners Bill and emphasizes its importance in supporting victims of crime.

Action Requested

No specific action is requested; this statement outlines the procedural steps for debating new clauses that have not yet been discussed.

Key Facts

  • The selection grouping list shows the order of debates for new clauses.
  • Decisions will be taken in the order they appear on the amendment paper.
  • The proposed amendments will be inserted into Part 2 of the Police, Crime, Sentencing and Courts Act 2022.
  • Authorised persons include police officers, National Crime Agency officers, and others listed in the clause.
  • Notice requirements apply unless it is not reasonably practicable or might risk causing serious harm.
  • New section 44A of the Police, Crime, Sentencing and Courts Act 2022 will set out requirements for third party material requests.
  • Victims must be informed about what information is being requested and why it is necessary.
  • A new code of practice will provide guidance to law enforcement when obtaining victim information.
  • New clause 4 fails to provide protections for therapy notes.
  • Sarah, a survivor of sexual assault, was cross-examined using her therapy notes.
  • The Centre for Women’s Justice has expressed concerns about new clause 4.
  • Data Protection Act 2018 sets a higher threshold of “strictly necessary” for sensitive data.
  • The statement highlights the trauma experienced by victims when their counseling notes are requested and misused in court processes.
  • Alex’s experience illustrates how accessing personal records can be re-traumatizing and undermine mental health recovery.
  • The Bluestar Project reports that previous CPS guidance has led to a mistaken belief that accessing therapy will cause criminal cases to fall.
  • Staff at the CPS have received limited training on trauma-informed care but lack understanding of how survivors access therapy and its benefits.
  • The discussion revolves around new clause 6 of the Victims and Prisoners Bill.
  • New clause 4 has been added to the Bill.
  • Sarah Champion decides not to move her amendments (a) and (b).
  • The independent inquiry into child sexual abuse (IICSA) was funded by taxpayers.
  • IICSA recommended creating a single core data set concerning victims of child sexual abuse in England and Wales.
  • The Government accepted the recommendation but did not implement it adequately, citing existing data sources instead.
  • The Government accepts the need for robust data collection on child sexual abuse.
  • The Department for Education will deliver a report to Parliament in the summer setting out ways to improve information sharing between safeguarding partners.
  • The Home Office funds the Centre of Expertise on Child Sexual Abuse and works with police forces to improve consistency in recording data.
  • Additional variables were added into criminal court outcomes by offences data tools in 2017, including ethnicity identifiers for defendants.
  • New clause 13 would impose a duty on relevant local authorities to commission specialist children's support services.
  • The clause includes provisions for victims of child criminal exploitation and child abuse.
  • A freedom of information request found that 77% of English and Welsh local authorities offer no specific support for children who have experienced sexual abuse.
  • Sexual abuse is estimated to cost more than £3.2 billion per year.
  • Calls to the NSPCC helpline about child sexual abuse reached a record high in 2021.
  • The victims code of practice enshrines rights to be referred to tailored support services.
  • Provision for victim support is patchy, leaving many without support.
  • Some statutory agencies have conflated actual harm and risk of harm, leading to underfunded support services.
  • New clauses would require reports on the volume of, need for, and investment in support services for child victims.
  • The Government has clarified who is covered by part 1 of the Bill to align with the Domestic Abuse Act’s definition of a child victim.
  • Commissioners must consider any assessment of the needs of children when developing their joint commissioning strategy.
  • Police and Crime Commissioners receive grant funding to commission practical, emotional and therapeutic support services for victims of all types of crime at a local level.
  • The Ministry of Justice is quadrupling funding for victim and witness support services by 2024-25 compared with 2009-10, including £154 million per annum on a multi-year basis until 2024-25.
  • The Home Office launched the SVSCSA fund providing grant funding of up to £4.5 million to voluntary sector organisations in England and Wales who work with victims of child sexual abuse.
  • The current chance of the offender being charged is just 1.6%.
  • Nearly 70% of survivors who report a rape drop out of the justice system.
  • A pilot scheme in Northumbria found that independent legal advocates substantially improved best practice and victim experience, with positive feedback from survivors, police, and prosecutors.
  • The cost to roll-out an independent legal advocate scheme across England and Wales would be £4 million per year.
  • Centre for Women’s Justice and Rights of Women provide specialist independent legal advice but can assist only a limited number of survivors.
  • The proposed new clause would enable victims of rape to access free and independent legal advice.
  • The Government has published a fourth progress update outlining significant progress in improving the criminal justice system response to rape.
  • The Law Commission is consulting on the use of evidence in sexual prosecutions until the end of September.
  • Personal data of victims requesting or receiving support should not be used for immigration control.
  • Paragraph 4 of Schedule 2 to the Data Protection Act 2018 shall not apply to personal data covered by subsection (1).
  • The Secretary of State must issue guidance to persons providing victim support services, exercising immigration functions, and immigration officers.
  • Migrant women are disproportionately impacted by VAWG and fear deportation when reporting abuse.
  • Over 90% of migrant women have received threats of deportation from their abusers.
  • Between May 2020 and September 2022, the details of 600 victims of VAWG were shared with immigration enforcement.
  • Local police in Northumbria and Surrey are implementing safe reporting guidance to improve trust among migrant women.
  • The Home Office routinely helps migrant victims by signposting them to legal advice.
  • Evidence of vulnerability is essential for safeguarding plans and preventing perpetrators from using a person’s insecure status against them.
  • Of the 211 migrant victims of domestic abuse referred to immigration enforcement between April 2020 and March 2021, none has been detained or removed as a result.
  • Between May 2020 and September 2022, details of 600 victims of violence against women and girls were shared with immigration enforcement.
  • The Government launched the Support for Migrant Victims Scheme in April 2021, run by Southall Black Sisters and partners, funded with £1.4 million.
  • More than 950 victims have been supported through the scheme since its introduction.
  • The proposed new clause applies to cases where one parent is convicted of murder or voluntary manslaughter of another parent.
  • Two women are killed by their partner or former partner each week in the UK.
  • About 50 mothers are estimated to be killed by their fathers annually.
  • Jade Ward's case inspired the campaign for 'Jade’s law'.
  • Jade Ward's family campaigned against the retention of parental rights by her killer.
  • Ellie Reeves has spoken to numerous people about retaining parental responsibility in prison cases.
  • The family court can issue a special guardianship order but it is costly and protracted.
  • Parental responsibility remains even during legal proceedings.
  • New clause 21 would suspend parental responsibility for individuals convicted of voluntary manslaughter.
  • It contains an exemption where a manslaughter conviction is made on grounds of loss of control or diminished responsibility if the prisoner was subjected to coercive behaviour by the victim.
  • Cases like Mumtahina Jannat and Joanna Simpson highlight injustices in current legislation.
  • The new clause aims to automatically suspend parental responsibility for convicted murderers.
  • Exceptions will apply, such as cases of victims of domestic violence who lash out after years of abuse.
  • Decisions must align with the best interests of the child under the Children Act 1989.
  • New clause 25 would require the Secretary of State to lay before Parliament an annual report assessing the impact of certain powers on people with protected characteristics.
  • The report must include details such as the number of cases considered, referrals made by the Parole Board, and decisions overturned or upheld in appeals.
  • The information must be provided both in total and disaggregated by various protected characteristics.
  • Black and Asian prisoners and those aged 18 to 20 are over-represented as top-tier offenders.
  • The Ministry of Justice committed to publishing more data on ethnicity.
  • About a third of top-tier offenders have been released in recent years.
  • Migrant victims encounter multiple barriers to protection due to their immigration status.
  • Over 1,000 victims benefit from the Domestic Violence Indefinite Leave to Remain Scheme annually.
  • The Support for Migrant Victims Pilot Scheme has assisted about 400 victims in its first year and 560 in the second.
  • Southall Black Sisters have campaigned for over 30 years to ensure migrant victims can access safety and support.
  • The new clause would put on the face of the Bill that victims of domestic abuse without recourse to public funds can receive services under the victims code.
  • Southall Black Sisters and Birmingham and Solihull Women’s Aid have been pushing for this support for 30 years.
  • The Government's support scheme has supported more than 950 victims since its introduction in April 2021.
  • Funding will continue until March 2025 to maintain support for migrant victims of domestic abuse.
  • New clause 27 arises from a conversation with the Parole Board about information access regarding the parole process.
  • The victim contact scheme gives victims of serious violent or sexual offences the right to be kept updated during the offender’s sentence and parole process.
  • Victims are assigned a liaison officer and can determine the extent of information they wish to receive.
  • New clause 27 would assess how many victims report not being invited to join VCS as they should, and how contact stops when it should not have done so.
  • The victim contact scheme provides victims with a dedicated liaison officer to keep them informed of case updates.
  • The scheme is covered by right 11 in the victims code—the right to be given information about the offender following a conviction.
  • HM Prisons and Probation Service monitors the performance of the scheme, including how many victims elect to receive the service.
  • Sheryll Murray expresses gratitude towards civil servants, shadow ministers, government colleagues, and Bill team members.
  • Nikki Jones is acknowledged for her work in managing the Bill and policy.
  • The Bill involves multiple Government Departments and includes written evidence from organisations such as International Justice Mission, Catch22, NHS England, and APCC.
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