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Police, Crime, Sentencing and Courts Bill
20 May 2021
Type
Public Bill Committee
At a Glance
Issue Summary
Charles Walker calls for witnesses to introduce themselves before questioning begins. Charles Walker is discussing the Police, Crime, Sentencing and Courts Bill and its impact on employment for individuals with criminal records. Charles Walker is addressing the role of charities in youth offending as part of discussions on problem-solving courts and sentencing policies. Charles Walker is addressing concerns about the Police, Crime, Sentencing and Courts Bill, particularly regarding its impact on community partnerships and out-of-court disposals. Charles Walker addresses concerns and views on problem-solving courts and community sentence treatment requirements (CSTRs) as part of the Police, Crime, Sentencing and Courts Bill. Charles Walker is introducing Dame Vera Baird, the Victims' Commissioner for England and Wales, to discuss improving victims' confidence in the criminal justice system. The statement addresses concerns about Clause 36 of the Police, Crime, Sentencing and Courts Bill regarding digital downloads from victims' devices. Dame Vera Baird discusses the importance of procedural justice for victims and the need for better implementation of victim support measures. Dame Vera Baird discusses her views on proposed changes to police powers, out-of-court disposals, and sentencing for drivers who cause death or serious injury. Dame Vera Baird discusses concerns about clauses in the Police, Crime, Sentencing and Courts Bill regarding digital evidence collection from victims of sexual assault. Dame Vera Baird discusses concerns about the proposed clauses in the Police, Crime, Sentencing and Courts Bill regarding the conditions under which an authorised person can access information stored on electronic devices. Charles Walker is closing down the questioning period for the Public Bill Committee on the Police, Crime, Sentencing and Courts Bill.
Action Requested
No specific action is requested; Charles Walker introduces the witnesses and sets up for questions to begin.
Key Facts
- Campbell Robb is chief executive of NACRO.
- Helen Berresford is director of external engagement at NACRO.
- Sam Doohan works as a policy officer at Unlock.
- The Bill aims to reduce the burden on individuals and employers navigating a complex system.
- Employers struggle to understand and navigate current disclosure rules, leading to risk aversion when hiring those with criminal records.
- Motoring convictions are often used disproportionately against job applicants irrelevant to driving-based roles.
- Charities play a central role in preventing and addressing youth offending.
- Local and national charities should work alongside the new probation service.
- The focus is on education, training, apprenticeships, and wraparound support.
- Concerns raised about the two-tier system of cautions, including the disclosure period.
- Conditional cautions require a more in-depth process of paperwork, making forces hesitant to use them.
- Disadvantaged communities are disproportionately likely to be affected by strict measures within the criminal justice system.
- The statement emphasizes the need to build judicial confidence in problem-solving courts.
- Engagement from the local population is crucial for credibility.
- Community sentence treatment requirements (CSTRs) are highlighted as a positive approach.
- CSTRs aim to address underlying causes of offending, such as mental health and substance abuse.
- Charles Walker introduces Dame Vera Baird for a session.
- Robert Goodwill asks about improving victims’ confidence in the criminal justice system, especially concerning rape cases.
- Clause 36 aims to grant statutory power for the police to take phones from victims voluntarily.
- A Rape Crisis survey shows that digital device trawling is routine in rape cases.
- A pilot project funded by the Home Office found that about 50% of requests for digital download were unnecessary or disproportionate.
- The Information Commissioner's report highlighted non-compliance with data protection legislation regarding digital downloads.
- Dame Vera Baird is the national lead on victims for the Association of Police and Crime Commissioners.
- RoadPeace research shows that victims are not strongly supportive of increased sentences for driving offences.
- Victims should have automatic rights to submit evidence during parole hearings.
- Section 28 enables vulnerable witnesses to pre-record their evidence before trial.
- Victims are broadly supportive of procedural justice and being treated with decency.
- There is concern that stronger penalties may deter prosecutions or juries from convicting.
- Victims suggest using driving bans more effectively instead of custodial sentencing.
- The survey last year showed that victims feel deterred from proceeding with complaints due to intrusive demands by police.
- In the Northumbria pilot, automatic legal advice was highly successful in protecting victims' rights.
- The Crown Prosecution Service currently prosecutes around 1,700 rape cases a year compared to 3,500 prior to 2016-17.
- Victims need professional support such as independent sexual violence advisers.
- The test of relevance under clause 36(5)(a) is criticised by Dame Vera Baird.
- She advocates for a reasonable line of inquiry standard similar to the Criminal Procedure and Investigations Act (CPIA).
- A statutory code of practice accompanying the Bill is mentioned, but its enforceability is questioned.
- The Chair, Charles Walker, adjourned the Committee without putting a Question (Standing Order No. 88).
- The Committee is set to reconvene on the same day at Two o’clock.
- The discussion was part of the Public Bill Committee for the Police, Crime, Sentencing and Courts Bill.
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