Moved by
Baroness Brinton
189: After Clause 155, insert the following new Clause—
“Police etc. provision for victims’ entitlement: framework
(1) The Victims’ Code provided for under section 32 of the Domestic Violence, Crime and Victims Act 2004 (code of practice for victims) shall include, but not be limited to, the entitlement of victims of crime to receive accurate and timely information from—
(a) the police; and
(b) such other agencies of the criminal justice system concerned with the detection and prosecution of the relevant crime and with the support of victims of crime as the Secretary of State deems fit.
(2) The police must ensure provision to victims of—
(a) adequate notice of all relevant court and other legal proceedings,
(b) information about decisions by and discussions between the police and other agencies of the criminal justice system relating to the person convicted of the crime concerned (“the perpetrator”),
(c) information about any prison sentence previously served by the perpetrator,
(d) information about relevant changes to the perpetrator’s circumstances whilst on parole or in custody,
(e) information about any crimes committed by the perpetrator outside the United Kingdom where the victim of the crime concerned is a British national,
(f) access, where required, to adequate interpretation and translation services, and
(g) information about the direct contact details of the criminal justice agencies and individuals involved in the court or other legal proceedings concerned.
(3) During criminal justice proceedings, the police and other relevant agencies and authorities of the criminal justice system must ensure that victims of crime—
(a) are not subjected to unnecessary delay by any other party to the proceedings;
(b) are treated with dignity and respect by all parties involved; and
(c) do not experience discriminatory behaviour from any other party to the proceedings.
(4) Children and vulnerable adults must be able to give evidence to a court from a secure location away from that court or from behind a protective screen.
(5) The investigating police force concerned must ensure the safety and protection of victims of crime during proceedings, including but not restricted to—
(a) a presumption that victims of crime may remain domiciled at their home with adequate police protection if required; and
(b) ensuring that the victim and those accompanying them are provided with access to a discrete waiting area during the relevant court proceedings.
(6) All victims of crime shall have access to an appropriate person to liaise with relevant agencies on their behalf and to inform them about and explain the progress, outcomes and impact of their case.
(7) Witnesses under the age of 18 shall have access to a trained communications expert, to be known as a Registered Intermediary, to help them understand as necessary what is happening in the criminal proceedings.
(8) Victims of crime shall have access to transcripts of any relevant legal proceedings at no cost to themselves.
(9) Victims of crime shall have the right to attend and make representations to a pre-court hearing to determine the nature of the court proceedings.
(10) 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;
(b) 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;
(c) have reimbursed to them, from public funds, any expenses incurred by them in attending in court and in any related legal process, whether in the United Kingdom or overseas;
(d) have available to them legal advice where considered necessary by a judge in court proceedings; and
(e) are not required to disclose personal data in legal proceedings which puts their safety at risk unless specifically ordered to do so by a judge.”
190: After Clause 155, insert the following new Clause—
“Police etc. training on treatment of victims: strategy
(1) The Secretary of State shall publish and implement a strategy for providing training on the impact of crime on victims and victims’ rights for staff of the following organisations—
(a) the police,
(b) the Crown Prosecution Service, and
(c) any other public agency or authority that the Secretary of State deems appropriate.
(2) The Secretary of State shall also by regulations made by statutory instrument make provision for judges, barristers and solicitors involved in criminal cases involving stalking, coercive control or sexual and domestic violence to undertake specialist training.
(3) The Secretary of State shall publish an agreed timetable for the delivery and completion of the training required by this section.”
190A: After Clause 155, insert the following new Clause—
“Training on treatment of victims: duty to report
(1) The Secretary of State shall have a duty to collect, codify and publish data in respect of—
(a) the training of the police and Crown Prosecutors on the subjects of stalking, coercive control and the victims’ code, and
(b) instances of non-compliance with the victims’ code by all statutory agencies, and the effectiveness of all complaints procedures involving allegations of a failure to comply with the victims’ code.
(2) The Secretary of State shall publish the data in an annual report which shall be laid before both Houses of Parliament.
(3) The first report under subsection (2) shall be laid before both Houses of Parliament within a year of the day on which this section comes into force.”
191: After Clause 155, insert the following new Clause—
“Statutory duty on elected local policing bodies
(1) An elected local policing body must assess—
(a) the needs of victims in each elected local policing body’s police area, and
(b) the adequacy and effectiveness of the available victims’ services in that area.
(2) An elected local policing body must—
(a) prepare and consult upon an Area Victims’ Plan for its police area,
(b) having taken account of any responses to its consultation and any Quality Standard, publish the plan in such a manner as sets out clearly how the identified victim needs will be met by the available victims’ services, and
(c) submit its Area Victims’ Plan to the Commissioner for Victims and Witnesses on an annual basis.
(3) In this section—
“elected local policing body” and “police area” have the same meaning as in Part 1 of the Police Reform and Social Responsibility Act 2011,
“Quality Standard” means the standard published under section 49(1)(f) of the Domestic Violence, Crime and Victims Act 2004.”
192: After Clause 155, insert the following new Clause—
“Duties of the Commissioner for Victims and Witnesses
(1) Section 49 of the Domestic Violence, Crime and Victims Act 2004 (general functions of Commissioner) is amended as follows.
(2) In subsection (1), after paragraph (c) insert—
“(d) assess the adequacy of each elected local policing body’s Area Victims’ Plans submitted to the Commissioner under section (Statutory duty on elected local policing bodies) of the Policing and Crime Act 2016;
(e) make to elected local policing bodies such recommendations about submitted Area Victims’ Plans as the Commissioner considers necessary and appropriate;
(f) prepare a statement of standards (the “Quality Standard”) in relation to the provision of victims’ services;
(g) publish the Quality Standard in such manner as the Commissioner considers appropriate;
(h) review the Quality Standard at intervals of not more than five years;
(i) in preparing or reviewing the Quality Standard, consult the public, and for that purpose, publish drafts of the standard if he deems it necessary to do so;
(j) assess the steps taken to support victims and witnesses in giving evidence;
(k) make such recommendations in relation to that assessment as he considers necessary and appropriate;
(l) issue guidance and standards for the establishment and conduct of homicide reviews under section (establishment and conduct of homicide reviews) of the Policing and Crime Act 2016.”.”
193: After Clause 155, insert the following new Clause—
“Establishment and conduct of homicide reviews
(1) In this section “homicide review” means a review of the circumstances in which a person aged 16 or over has, or appears to have, died as the result of a homicide where—
(a) no one has been charged with the homicide, or
(b) the person or persons charged have been acquitted.
(2) The Secretary of State may in a particular case direct a police force or other specified person or body or a person or body within subsection (5) to establish, or to participate in, a homicide review.
(3) It is the duty of any person or body within subsection (5) establishing or participating in a homicide review (whether or not held pursuant to a direction under subsection (2)) to have regard to any guidance and standards issued by the Commissioner for Victims and Witnesses as to the establishment and conduct of such reviews.
(4) Any reference in subsection (2) to the Secretary of State shall, in relation to persons and bodies within subsection (5)(b), be construed as a reference to the Police Service of Northern Ireland or Department of Justice in Northern Ireland as may be appropriate.
(5) The persons and bodies within this subsection are—
(a) in relation to England and Wales—
(i) chief officers of police for police areas in England and Wales;
(ii) local authorities;
(iii) the National Health Service Commissioning Board;
(iv) clinical commissioning groups established under section 14D of the National Health Service Act 2006;
(v) providers of probation services;
(vi) Local Health Boards established under section 11 of the National Health Service (Wales) Act 2006;
(vii) NHS trusts established under section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006;
(b) in relation to Northern Ireland—
(i) the Chief Constable of the Police Service of Northern Ireland;
(ii) the Probation Board for Northern Ireland;
(iii) Health and Social Services Boards established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972 (SI 1972/1265 (NI 14));
(iv) Health and Social Services trusts established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991 (SI 1991/194 (NI 1)).
(6) In subsection (5)(a) “local authority” means—
(a) in relation to England, the council of a district, county or London borough, the Common Council of the City of London and the Council of the Isles of Scilly;
(b) in relation to Wales, the council of a county or county borough.”