Victims placed at heart of justice system under radical shakeup
Victims’ experiences to be transformed through new Victims and Prisoners Bill.
- ministers to have power to veto parole of most serious offenders, protecting public from the most dangerous offenders
- justice agencies that fail victims to face inspection
Victims’ voices will be cemented at the heart of the justice system following an overhaul of legislation which will put the principles of the Victims’ Code on a statutory footing and toughen the parole system.
The Victims and Prisoners Bill introduced today (29 March 2023) will fundamentally transform victims’ experience of the criminal justice system. Legislation will enshrine the principles of the Victims’ Code in law, give ministers powers to direct the inspection of justice agencies that are failing victims, and create better oversight of those agencies.
The parole system will also be overhauled allowing ministers to block the release of the most dangerous offenders including murderers, rapists, and terrorists - putting public protection back as the overriding focus of the parole process. The bill will also legislate for a new release test for the Parole Board making it clear that public safety is the only priority when making release decisions – to stop a balancing exercise taking into account prisoners’ rights.
The new legislation will also stop prisoners serving whole-life orders from marrying or forming a civil partnership in prison. This will deny these criminals the important life events they stole from their victims while ensuring their horrific crimes are treated with the seriousness they deserve.
Deputy Prime Minister, Lord Chancellor and Justice Secretary, Dominic Raab MP, said:
Our reforms will improve the experience for victims from the first meeting with a police officer to the support they get in court. and we will refocus the parole system on its overriding duty to protect the public from violent and sexual criminals.
The Victims and Prisoners Bill will put the principles of the Victims’ Code on a statutory footing meaning that where appropriate victims will have a right to:
- Challenge decisions which directly impact them, for example getting the CPS or police to review why their case has been dropped in the most serious cases like rape and domestic abuse
- Receive information to help them understand the criminal justice process, such as on claiming compensation, how their case is progressing and its outcome
- Access vital support services such as Independent Sexual Violence and Independent Domestic Abuse Advisors
- Have the opportunity to make their views heard, for example being able to ask to read out their Victim Personal Statements in court
When victims are failed, the changes announced today will give ministers the power to get the criminal justice inspectorates to jointly inspect prisons, police forces, courts the CPS and probation to drive improvements in how they support victims. The process for victims making formal complaints will also be simplified by removing the requirement for them to go through their local MP before speaking to the Parliamentary and Health Service Ombudsman.
The bill also bolsters the role of the Victims’ Commissioner by requiring criminal justice agencies to publicly respond to their recommendations and set out the rationale for accepting or rejecting them
Children born as a result of rape will also be explicitly designated as victims in their own right making clear that they are entitled to access support services and information on their case.
Justice Minister, Edward Argar MP, said:
We want victims going through the justice system to feel listened to, supported, informed, and to be treated fairly, properly, and with dignity.
Taken together, these measures will mean victims always know the level of help they should receive and always have somewhere to turn.
The government’s overhaul of the parole system follows high-profile parole decisions in cases like John Worboys and Colin Pitchfork that have shaken public confidence in the system.
The bill includes measures to ensure dangerous offenders face the strictest scrutiny including:
- Enshrining a new release test for the Parole Board into law, leaving no room for confusion over whether public safety should be the only priority when making release decisions
- Creating a new tier of the most serious offenders including murderers, rapists and terrorists and giving the Justice Secretary the power to veto the release of those offenders in the interest of public safety. It will also be available in cases where the Parole Board cannot confidently decide the release test has been met.
- Making it a legal requirement for ex-police officers and detectives to sit on parole panels for these ‘top-tier’ cases. Their first-hand experience of managing serious offenders and the risk they pose will help place an even greater focus on public protection in parole hearings.
Justice Minister, Damian Hinds MP, said:
It is vital the public has confidence that murderers, rapists and terrorists will be kept behind bars for as long as is necessary to keep the public safe.
Our new laws mean Ministers can block the release of the most dangerous offenders and will ensure public safety is always the primary factor in parole decisions.
The bill will also create a new Independent Public Advocate (IPA) which will work on behalf of families and provide dedicated support in the aftermath of major disasters like Hillsborough, the Manchester Arena bombing and the Grenfell Tower fire.
The government will continue to engage with the victims of these disasters, the bereaved families and Parliamentarians to make sure that the IPA works to deliver accountability and ensure nothing stops justice happening again.
The bill builds on the wider government work to improve support for victims and ensure offenders pay back to society. Last year the Victim Surcharge, a financial penalty given to offenders on conviction which goes directly towards support crucial victim services such as rape support centres, was increased by 20% – providing an additional £20 million a year by 2025.
At the same time the government has committed to more than quadrupling funding for victim support services by 2025 compared to 2010, increasing the number of Independent Sexual and Domestic Violence Advisors (ISVA and IDVA) by 43% over the next 3 years taking the total to over 1,000.
Notes to editors
The full list of measures included in the Victims and Prisoner Bill:
Victims’ measures
- Enshrines the overarching principles of the Victims’ Code in primary legislation – to ensure the criminal justice system consistently delivers the entitlements in the Victims’ Code
- Place a duty on criminal justice bodies and non-territorial police forces to take reasonable steps to promote awareness of the Victims’ Code. Supporting guidance will underpin this and provide recommendations on how bodies may fulfil this duty
- Give ministers the power to jointly direct HM Inspectorate of Prisons, HM Inspectorate of CPS (HMCPSI) and HM Inspectorate of Constabulary and Fire & Rescue Service (HMICFRS, but only insofar as it relates to policing), and HM Inspectorate of Probation to inspect on victims’ issues to provide greater oversight and transparency over how victims are treated; and place a requirement on these inspectorates to consult the Victims’ Commissioner when planning their joint and individual inspections
- Introduce a statutory duty on Police and Crime Commissioners, health and local authorities in England to work together when commissioning support services for victims of sexual violence, domestic abuse and serious violence
- Introduce statutory guidance on Independent Sexual Violence Advisors (ISVAs) and Independent Domestic Violence Advisors (IDVAs) setting out minimum expectations and best practice, to increase awareness and consistency of these roles
- Place a duty on criminal justice bodies and non-territorial police forces to review their compliance with the Victims’ Code and collect compliance data which is intended to include information from victims on how they are supported
- Give PCCs a greater role in overseeing local compliance monitoring of the Victims’ Code with the Victims’ Commissioner retaining national oversight
- Improving accountability of criminal justice agencies by introducing a requirement for them to respond to recommendations in reports published by the Victims’ Commissioner, including a requirement to explain why they are accepting or rejecting a recommendation
- Make it easier for victims to make complaints to the Parliamentary and Health Service Ombudsman (PHSO) by removing the need to go through an MP, where their complaint relates to their experiences as a victim of crime. The PHSO can handle complaints against public bodies including the Crown Prosecution Service, His Majesty’s Courts and Tribunals Service (HMCTS) and His Majesty’s Prison Service but excludes judges, magistrates and the police
- Creating a new Independent Public Advocate (IPA) which will provide dedicated support and work on behalf of families in the aftermath of major disasters like Hillsborough, the Manchester Arena bombing and the Grenfell Tower fire
Prisoner marriage measure
- The new legislation will also stop prisoners serving whole-life orders from marrying or forming a civil partnership in prison
Parole Board measures
- Enshrining in law the expectation that the Parole Board will take a more precautionary approach. The wording in legislation will leave no room for interpretation and make clear that the only priority is whether a prisoner is safe to release
- Greater ministerial scrutiny on the release of the most dangerous offenders, (murderers, rapists, terrorists or those who have caused or allowed the death of a child), including a new power to block their release in the interests of public safety
- Changing the law to increase the proportion of Parole Board members from policing backgrounds, and ensure they sit on hearings for the most dangerous offenders
Measures already introduced to reform the parole process
- Tightening rules around open prison moves so all indeterminate sentence offenders – those who have committed the most serious crimes, including murder and rape – face much stricter criteria to move from close to open prison
- Allowing victims, the public and media to request a parole hearing be held in public, so they can attend hearings and better understand how decisions over whether to release prisoners are made. The first public parole hearing took place in December last year
- Launching a period of testing in the South-West of England allowing victims to attend parole hearings as an observer, ahead of a national rollout, which will put victims front and centre of the process. Currently, victims are limited to a statement shared with the Board explaining how the crime impacted on their life
- Launching a campaign to at least double the number of Parole Board members from law enforcement backgrounds