Victims of serious crimes committed by those with mental
disorders will be able to explain in their own words the impact
the offence has had on them, thanks to tough new amendments to
the Victims and Prisoners Bill.
New measures will mean survivors are provided with the
opportunity to make a Victim Impact Statement during the Mental
Health Tribunal process, which takes places before offenders are
released and allows survivors to request release conditions.
The police and other criminal justice agencies will also be
placed under greater scrutiny through a new statutory duty, which
will mean they have to not only inform victims of their rights
under the Victims' Code – but deliver services in accordance with
it.
Compliance with this duty will be overseen by the Victims'
Commissioner, and ministers will be required to consult the
commissioner when agencies fail to deliver the required standard
of services for victims ahead of being issued “notifications of
non-compliance”.
Lord Chancellor and Secretary of State for Justice, Alex Chalk
KC, said:
Navigating the criminal justice system can feel complex and
overwhelming so it is right that we hold agencies to account to
ensure victims are getting the support they need.
These new duties will improve transparency, accountability and
consistency, ensuring all victims receive support wherever they
are, whatever the crime.
Justice Minister, Edward Argar, said:
The Victims' and Prisoners Bill is a pivotal step towards
ensuring all victims feel listened to, supported, informed, and
are treated with dignity and respect.
These additional measures build on those foundations and will
mean victims always know what help they should receive.
The Home Office is also tabling an amendment which will make it
mandatory for the police to notify schools and colleges when they
believe a child may be a victim of domestic abuse, so that they
can provide support at the earliest possible opportunity. This
builds on the landmark Domestic Abuse Act, which formally
recognises children as victims in their own right when they see,
hear or experience the effects of domestic abuse.
Minister for Victims and Safeguarding, Laura Farris said:
Today's amendments stand as testament to the importance of
victims' voices, transparency and information sharing throughout
the criminal justice system.
We have already legislated to ensure children are recognised as
victims of domestic abuse in their own right, but we are now
going further and ensuring that the police inform schools when
abuse occurs, which will improve protection for vulnerable
children.
Further amendments to the bill tabled by the government include:
- a requirement to consult the Victims' Commissioner on all
changes to the Victims' Code, to ensure measures are in the best
interests of victims of crime
- a requirement for ministers to review agencies' compliance
with the Code to publish public non-compliance notifications to
tackle severe and persistent issues, ensuring no agency can hide
if they are not providing victims with the support they deserve
- a duty for ministers to publish an annual report on
compliance with the Victims' Code
- clarification that confidentiality clauses cannot be legally
enforced if they prevent victims from reporting a crime and will
ensure information related to criminal conduct can be disclosed
to support services without fear of legal action
The bill will also cement in primary legislation the four
overarching principles which must underpin the Victims' Code.
These are that victims require:
- information to help them understand the criminal justice
process
- access services which support them (including, where
appropriate, specialist services)
- the opportunity to make their views heard in the criminal
justice process; and
- the ability to challenge decisions which have a direct impact
on them
Alongside new legislation, the government is also continuing to
bolster support services, quadrupling victims' funding by 2024 to
2025, up from £41 million in 2009 to 2010, and using ringfenced
funding to increase the number of Independent Sexual Violence and
Domestic Abuse Advisors by 300 to around 1,000 – a 43% increase
by 2024 to 2025.
Further information
The Ministry of Justice's #VictimsCode campaign aims to raise
awareness of the Victims' Code and ensure that victims of crime
are aware of the rights that they can expect to receive, and the
support available to them, as they move through the criminal
justice system. The campaign aims to promote that the Victims'
Code is there for every victim, whatever the crime. The campaign
directs victims to understand their rights at victimscode.org.uk.
