2019/20 Annual Report

Dame Vera Baird QC Victims’ Commissioner for England and Wales

HC 625 2019/20 Annual Report

Dame Vera Baird QC Victims’ Commissioner for England and Wales

Presented to The House of Commons pursuant to section 49 of the Domestic Violence, Crime and Victims Act 2004.

Ordered by the House of Commons to be printed 14th July 2020.

HC 625 1:1

1:1 Index 1:2 Welcome - new role as Victims’ Commissioner 1:3 The role of the Victims’ Commissioner 1:4 Working for victims during Coronavirus 1:5 Victims’ Services and the Victims’ Code 1:6 Rape Victims denied Justice 1:7 Victims’ Services 1:8 Speaking Up for Victims 1:9 Tackling the Torture of Domestic Abuse 1:10 Knowledge is power. Information is liberating 1:11 The Power of My Voice – Speaking up for Victims 1:12 Victims’ Law needs to be Bold and Ambitious

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4 2019/20 Annual Report Victims’ Commissioner for England and Wales 5 1:2

Welcome those services supporting victims. There cannot be two standards of justice, one pre-COVID and one after. It is imperative the What a year for the needs of victims are listened to and taken into account before any fundamental changes are start of my new role as made. We need reliable data, both on compliance with the Victims’ Code and on criminal justice Victims’ Commissioner! outcomes. Currently there are huge gaps, making it almost For much of 2020, the Coronavirus lockdown has put an end to travel and face to face impossible to hold criminal justice agencies to account. This must meetings. Social distancing has radically changed the victims’ experience of the criminal change. justice system, including the support oered by victims’ services We also need to recognise the Victims’ Commissioner, supported by local Police and Crime Commissioners (PCCs) , has a key role in keeping the operation of the Code under review, making sure victims are PRIOR TO the outbreak, much of As we recover from the COVID19 not an attack on the rights of getting the support they are November and December was defendants. Given the growing entitled to. spent in “purdah” when a public lockdown, court backlogs are body of evidence linking Victims need quality services appointee like me is required to increasing and delays getting victimisation to subsequent to help them to cope and recover. stay out of the public eye during worse. We know there will be offending, I believe positive These are delivered by PCCs electioneering. change can benefit all. with local knowledge, but we I have few statutory powers at greater pressure on those services Justice for victims means need national standards for my disposal and so the power of supporting victims their voice is heard; they are service provision and I want us my voice in championing victims is considered throughout the to shape these together going so important. Only by listening to criminal justice process and forward. victims’ lived experience can we Another side of my role is treated with respect; their I am pleased this report know what they need. And that is ensuring the victim’s voice is entitlements under the Victims’ is the first eer ictims what I do. This means lockdown heard across government, the Code, including to be kept Commissioner’s annual report to and purdah have been frustrating. courts or anywhere else where properly updated and given be laid before Parliament rather My legitimacy comes from regular their interests might be affected. support to cope and recover are than sent to Ministers. I welcome contact with victims of all types This has been my focus and I am delivered. closer Parliamentary scrutiny; it of crime and those who work on now represented on a broad We know almost half of all highlights the needs of victims their behalf. range of bodies across the witnesses who have attended and brings them into public and Although I have been criminal justice system to the court say they would never do political debate prevented from visiting frontline health and social care sector. so again. In part, this is caused My report shows much has organisations, we have adapted by delay in getting cases to trial, been done, but there is much and coped well. We have held I am unashamedly especially with vulnerable victims still to achieve. My ambition for more than 250 calls, meetings ambitious for victims of violent and sexual offences. victims is greater than ever. By and virtual meetings in the nine Throughout my career I have Poor communication is another listening to victims and striving to months of the year I have been fought against injustice. As a factor. succeed, we can achieve. in post. Our list of contacts has defence barrister and QC for As we recover from the grown hugely and I thank all the many years, I understand the COVID19 lockdown, court individuals and organisations with criminal justice system. I am clear backlogs are increasing and whom we now have an ongoing that improving the treatment delays getting worse. We know and mutually helpful relationship. of victims and witnesses is there will be greater pressure on

6 2019/20 Annual Report Victims’ Commissioner for England and Wales 7 1:3

The Role of the Victims’ Commissioner I was appointed Victims’ Commissioner and took up my post on 24 June 2019. One of my first acts as Victims’ My term expires on 23 June 2022, with the option for renewal Commissioner was to make a bid for a larger team to give the capacity to improve my stakeholder engagement and undertake more reviews on the The role of the Victims’ (1) The Commissioner must – (a) promote the interests of victims and witnesses; operation of the Victims’ Code Commissioner is set (b) take such steps as he considers appropriate with a view to encouraging good practice in the treatment of victims and witnesses; out in section 49 of the (c) keep under review the operation of the code of practice issued under section 32. Domestic Violence, (2) The Commissioner may, for any purpose connected with the performance of his The Office of the Victims’ Commissioner Crime and Victims duties under subsection (1) – Act 2004, as amended (a) make proposals to the Secretary of State for amending the code (at the request of I HAVE a small but dedicated by a enior Research fficer, my diary. Joss Mistry is our and building our media and the Secretary of State or on his own initiative); team who support me in carrying Dr Julian Molina who used to Correspondence Manager, social media profile. nna by the Coroners and (b) make a report to the Secretary of State; out my duties. work in the Prison and Probation having previously worked in McCreadie left recently, having Justice Act 2009: (c) make recommendations to an authority within his remit; At the time of publication, my mbudsmans office. Prisoner Casework Section of done some really good work on (e) consult any person he thinks appropriate. CEO is Russell A’Court, who was My Communications Manager HMPPS. our stakeholder engagement, previously Head of the Public is Laura O’Hara, who joined us We have two vacant posts in particularly in relation to VAWG (3) If the Commissioner makes a report to the Secretary of State under Protection Casework Section in on 30 March, previously having the team and are in the process and domestic abuse. HMPPS. been the Media Manager for of recruiting. Once post will be subsection (2)(b)— The Head of Reviews and the Police Federation and at one a VAWG and Domestic Abuse Building Capacity (a) the Commissioner must send a copy of the report to the Attorney General and the Analysis is Dr Sarah Poppleton, point, a sering police officer. Policy Manager and the other is a ne of my first acts as ictims Secretary of State for the Home Department; who joined us on having formerly Natasha Pizzuto used to work Stakeholder Manager. Commissioner was to make worked for the Sentencing for the Court based Witness a bid for a larger team to give (4) The Commissioner must prepare in respect of each calendar year a report on Council. She is ably supported Service and now looks after Team Changes the capacity to improve my the carrying out of the functions of the Commissioner during the year. During the past 12 months we stakeholder engagement and have been sorry to lose three undertake more reviews on the (5) The Commissioner must send a copy of each report prepared members of the team. Dr Elaine operation of the Victims’ Code. under subsection (4) to— Wedlock was our former Head I believe these are critical to the (a) the Secretary of State for Justice; of Reviews and Analysis and left effectiveness of my role, enabling (b) the Attorney General; and in April to join the Sentencing me to meet my statutory (c) the Secretary of State for the Home Department. Council. She was responsible obligations and to reach out to for leading on or overseeing more victims and those who all VC reviews over the past work to support them. (6) Reports under subsection (2)(b) or (4) must be published by the Commissioner. four years and will be greatly The bid was not successful, missed. Lorraine McBride was but I plan to review the (7) If section 48 comes into force after the beginning of a calendar year, the our former Communications operational requirements of the first report under subsection (4) may relate to a period beginning with the day Manager and did a great deal of team ahead of the forthcoming on which that section comes into force and ending with the end of the next work in re-designing our website Comprehensive Spending calendar year. and corporate communications Review.

8 2019/20 Annual Report Victims’ Commissioner for England and Wales 9 First Term I have five key Black Lives Matter – Black Victims Matter Strategic Plan strategic aims: People from minority groups are more likely to be victims Following my appointment 1. Work with criminal justice in 2019, I published my First agencies to ensure victims of of crime, but are less likely to ask for support. … Services Term Strategic Plan which crime are treated well, with should always be flexible and responsive enough to sets out the broad outline of a focus on the treatment of support people from all backgrounds, and if there’s more my strategy for my first three victims in the court room, so expertise needed, teams should work with local specialists as to aid them to give their year term, which expires in to make sure individuals get what they need. June 2022. best evidence as well as the support on o¤er to enable them to cope and recover Catch-22 report, “The changing needs of victims: and how to I am committed to ensuring from the impact of crime. support them better”. victims are supported in coping and recovering from 2. Monitor and report on the impact of crime and are criminal justice agencies’ empowered to play a full compliance with the part in the criminal justice requirements of the Code THE TRAGIC death of eorge loyd caused by the brutal treatment of police officers GEOFF REARDON PHOTOGRAPHY system of England and Wales. of Practice for Victims of and the global resurgence of the Black Live Matter movement has prompted me to This means they are able to Crime and the Witness give a great deal of thought to the experience of black and minority ethnic victims and Victims’ Commissioner’s Advisory Group access victim services that are Charter; identify areas that witnesses in the criminal justice system. My analysts have put together a range of data tailored to their needs, they are deficient and make which raises some troubling questions. It has prompted a renewed determination in recommendations for change AS WELL as my office, I also hae from a range of backgrounds receive their entitlements as me to work even more closely with those charities and organisations which work with I’ve again based on evidence of best the able support of my Advisory with diverse skills and set out in the Victims’ Code, minority groups and seek to answer those questions. and they are treated with practice; improve public Group which meets four times generally used experiences. We know that ethnic groups had the highest proportion of adults who were victims respect and decency by all awareness of entitlements. a year to discuss current victim of all crime listed by the Crime Survey for England and Wales in the year ending the term ‘victim’ the agencies who come into related issues, and advise me on Definition of victims March 2019 were Mixed other (25%), Mixed White and Asian (27.5%), Mixed White/ because it’s the contact with them. 3. Ensure the interests how I should handle them. As was acknowledged in my of victims and witnesses Black Caribbean (23%), and Arab ne of my first acts, as ictims term that most predecessor’s joint report with are fully considered at all (21%). These were all higher than the I am committed to working Crime Survey data from stages in any proposals for Commissioner was to appoint a agencies use University of Portsmouth, some towards a Victims’ Law, so proportion of White adults who were development and/or change the 12 months prior to new Advisory Group, expanding victims dislike the negative that these aims become their victims (15%). and understand to the criminal justice system it to 23 members. This has connotations occasionally legal rights and I want to see March 2017, shows that Equally, the results of the and its constituent agencies, allowed me to draw on a much when referring associated with the term ‘victim’. the provisions of the Human 0.8% of white women Government’s 2017 race disparity including to victim support wider pool of talented individuals Some victims and many non- Rights Act 1998 and the audit showed lower levels of to someone who services and any related were victims of rape, and the group discussions have statutory agencies prefer to use Equality Act 2010 utilised to confidence in the police among black or other agencies whose has experienced ensure equality and diversity compared with 3.4% of been insightful and informed. the word ‘survivor’ and I respect activities may impact on people, especially among younger victimisation of provision and support. As can be seen at the back of their view. For the purposes of victims. Mixed ethnicity women black adults. this report, the members come this report however, I’ve again Evidence from frontline services generally used the term ‘victim’ I am committed to 4. Through regular contact suggests that minoritised women – especially migrant women with insecure because it’s the term that most championing the cause with victims and practitioners immigration status – have concerns about disclosing incidents due to immigration agencies use and understand of victims in all forums of victims’ services, articulate enforcement duties held by police, social services and other statutory agencies, which where their interests are at when referring to someone who a view of the criminal justice create additional barriers to disclosing sexual violence. stake, including Crown and has experienced victimisation. system from the perspective Crime Survey data from the 12 months prior to March 2017, shows that 0.8% of Magistrates’ Courts, Coroners I accept the definition gien of victims; contribute white women were victims of rape, compared with 3.4% of Mixed ethnicity women, inquests, Parole Board to, review and challenge in the Victims’ Code when 0.3% Asian or Asian British women, 1.6% of Black or Black British women, and 1.7% of hearings and Mental Health decisions taken by policy considering relevant policy Other ethnic group women). Review Tribunals. makers and those responsible areas. But the legislation which for developing practice. Based on London Met Police Data on victim attrition, outcomes in sexual violence underpins my role as Victims’ I am committed to be a cases shows that white suspects are significantly more likely to aoid further Commissioner, makes clear voice for all victims, and 5. Through gaining first- investigation, especially if a victim is from a minoritised group, whilst offenders are my remit includes all victims, determined to inform my hand knowledge and more likely to be prosecuted if they are from a minoritised group. BME women were regardless of the type of crime message to policy makers understanding of victims’ less likely to be believed and encounter racialised victim blaming. committed against them or and service providers by services, identify and actively These are depressing findings and show how much work we hae to do to gie whether they report it to reference to victims and promote examples of good B communities the confidence to report crime and to receie the support and the police. witnesses’ lived experience. practice and excellence. respect they deserve.

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opportunities to do things differently and better. With lockdown, much of the criminal courts’ Working for victims business slowed or stopped. Jury trials ended and only the most serious matters were really taken forward. Hard work has led to the during Coronavirus – start of a few jury trials but social distancing, court dimensions, and other factors mean it is unlikely to exceed a trickle. The backlog of cases is mounting, and we face exposing the hidden harms of lockdown the prospect of even longer delays before we get cases to court, with more victims withdrawing from the justice process as they give up on waiting for their day in court. As we adapt court buildings to meet the VC Dame Vera Baird with DA Commissioner SINCE DECEMBER 2019 the world other countries that this virus would create rigours of social distancing, the Courts Nicole Jacobs - Oct 2019 has been gripped by the Covid-19 global more than medical victims. Service and the judiciary need to make pandemic. The virus has seen extraordinary Domestic abuse charities witnessed calls to sure any changes meet the needs of victims circumstances and unprecedented measures their help lines exponentially increase, rises in otherwise they will fail. As lockdown starts to life and the public adjusts to designed to protect society put in place. the number of calls related to honour-based Victim input is needed at every stage the “new normal” of living with social distancing, The virus has brought out the very best in violence support services as well as a rise in of planning. It will be a real test of the the government faces the huge challenge people, streets lined with rainbowfilled reported elder abuse were also reported. government’s commitment to victims the windows, weekly claps for carers, and some – as well as anecdotal reports of more extent to which they consult on the changes. of getting the criminal justice system fully amaingly selfless acts. incidents of child on parent violence. Police And victim engagement should not just be functioning once more. This will not be without But it also shone a light into the very darkest report a huge influ of people falling ictim to being discussed in estminster briefing its challenges. But whilst huge logistical problems corners of society - exposing the usually virus-related frauds. There have also been big rooms, but implemented on the ground. Local private places and revealing what goes on rises in reports of anti-social behaviour. courts need to be working closely with victim face us, there are opportunities to do things behind closed doors. For many, home is not Not everyone has caught the virus, but hubs as they prepare to get cases up and dižerently and better the safe place it ought to be. its impact has spread across every part of running again. As a result, for the last few months, the main society. We have seen that where Witness Care complete, the ictim has finished the court them to undertake more proactive policing. focus of my work has been Coronavirus- However, the pandemic has highlighted Units are co-located with victim hubs, this process and resume their life, irrespective of This is welcome and I want them to keep it related as it was clear from the experience in some key issues afflicting our society and collaboration works so much better. This when the rest of the trial takes place. up. The government’s commitment to recruit the government and charities have worked needs to be the standard model for the Now is the right time to make this more , police officers must not be delayed by together to make changes which will future. readily available across all parts of the this virus. hopefully have longevity and continue to help ictims often find going to court a terrible country. It is particularly important that I have been impressed by the way in which those at risk long after the crisis has passed. ordeal. The added fear of attending a busy child victims are not adversely affected by frontline victim support services have moved And there has been welcome additional public building can only add to the stress. backlogs in the courts – and pre-trial video- to redesign their support packages to reflect funding for services which provide support If ever there was the right time to make recording is the answer. the demands of social distancing. Virtual to victims of domestic abuse and sexual maximum use of remote evidence centres, And some of the big strides taken by the contact with victims, web chat and higher violence, as well as a public awareness it is now. These centres can offer more local court service in using digital technology to levels of engagement have all been positive campaigns. and intimate surroundings, and remove the facilitate meetings and direction setting must developments. I should add that this funding has taken risk of victims bumping into defendants or become the new normal. But I have one word of caution. For far too long to reach the bank accounts of their entourage. However, we must always These and other talked about changes to the traumatised and vulnerable victims, face to service providers. Government departments remember that the final decision whether or court process that will ensure court business face engagement remains the best way of need to look at designing swifter and more not to give evidence remotely must always be may be conducted in compliance with social helping them to cope and recover. We must efficient processes and bringing about more taken by the complainant. distancing regulations will have a big impact never forget this. joined up working. Pre-trial video-recording of cross on victims. It is important that working The Covid-19 outbreak has been an As lockdown starts to lift and the public examination of vulnerable victims has only groups set up to design and implement unprecedented time for all. It has brought The virus has brought out the very best in adjusts to the “new normal” of living with been made aailable in around one in fie these changes include independent victim into sharp focus the issues surrounding people, streets lined with rainbow-filled social distancing, the government faces the Crown Courts. Once a vulnerable victim representatives, so that we can be sure victim victims, victim care and victim support. windows, weekly claps for carers, and some huge challenge of getting the criminal justice has videoed their evidence, it is sent to the needs are taken into account from the outset As the crisis abates, I will now work to ensure system fully functioning once more. This defence, who can cross-examine, again on and not as a last minute afterthought. that the good that has come from such a amazingly selfless acts will not be without its challenges. But whilst video and after a relatively short period We have heard from the police how the terrible situation is sustained and built upon huge logistical problems face us, there are of time. Once the cross examination is temporary drop in crime levels has allowed to benefit ictims now, and in the future.

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Victims’ Services and the Victims’ Code

I am required by law to “review the operation” of the Victims’ Code. I am also committed to making sure all victims receive the high-quality services they deserve and are supported through the criminal justice system. Through my reviews, and the advice I have oered to government, I have sought to play a significant role in improving the operation of the Code and enhance service delivery

statutory rights. I also welcome the plans to bewildering, particularly if you are struggling monitoring process, measuring criminal Fewer than one in five The Victims’ Code have separate guidance on the Code, one for with trauma and injury. justice partners’ compliance with key This year the government has been actively victims and one for practitioners. We need to consider how the multitude entitlements in the Code. The Ministry of victims are aware of reviewing the Victims’ Code. It has launched The Code needs to be set out in plain of complaints processes in place for victims Justice didn’t pay for the data to be collected the existence of the two public consultations, the second offering English, with an abbreviated “easy read” can be streamlined, for example, having a at first, but I am pleased to see they hae Victims’ Code. This a draft Code of Practice based upon twelve version, with a version for children available single system and single point of contact for now agreed to do so. victims’ “rights”. on platforms children are likely to be processing all initial victim complaints. The new monitoring arrangements means they do not I have broadly welcomed the new draft familiar with. As well as traditional means And victims should be able to refer hae been beset with difficulties, including know what support and Code, but have repeatedly made the case of providing public information, such as the matter directly to the Parliamentary poor and inconsistent data; variable information they are that reviewing the document, by itself, will leaflets and online pdf documents. The use Ombudsman (PSHO). At present, they can communication with criminal justice not deliver the improvements we all want to of videos, infographics and apps should also only take a complaint to the PSHO through agencies about how the new monitoring entitled to receive see for victims. be explored. I also have concerns about how their local MP. In practice, the PSHO only system would operate; and PCCs being familiar many criminal justice practitioners receives a handful of complaints each year, unable to compel other agencies to provide Public Awareness are with the provisions of the Code. I want with the clear implication that this route is information. In my report: “An analysis of victimisation the Ministry of Justice to spearhead an little known about and thus inaccessible. PCCs are best placed to compile local data data in the Crime Survey for England and internal awareness campaign, through staff and I want to see the model work effectively. Wales” (CSEW) published on 25 March, training, so that all practitioners can advise Compliance Systems Issues around IT systems and data collection which analyses victimisation data within and signpost victims appropriately. There The 2006 Victims’ Code was accompanied must be resolved quickly. the survey, I highlight that fewer than one The Code needs to be needs to be a duty on all criminal justice by a compliance framework, and yet, since All national criminal justice agencies in fie ictims are aware of the eistence of agencies to draw the Code and its contents that time, we have never had clear picture of must issue clear guidance to local managers the Victims’ Code. This means they do not set out in plain English, to the attention of every victim of crime and, compliance across England and Wales. This instructing them to comply with PCC know what support and information they are with an abbreviated if possible, supply a copy or at least indicate has limited our ability to identify problems requirements for data, if necessary, using the entitled to receive. Crucially, it means they “easy read” version, with with clarity where one can be found. and improve the service victims receive. Victims’ Law to give PCCs statutory powers cannot hold agencies to account if they fail In 2018, the government agreed to to require it. to deliver. a version for children Challenge a cross-departmental approach aimed The Code must be made more accessible available on platforms I want to see a clear and transparent at improving data and transparency and easy to follow. In its current form, it is children are likely to be complaints system. Victims come into on whether victims are receiving their unwieldy for practitioners and impenetrable contact with a range of criminal justice entitlements under the Code. Police and for many victims. I welcome the proposal familiar with agencies and are often unclear which is Crime Commissioners took responsibility to shorten the document and to present it responsible for what. Each agency has its for compiling performance data for in twelve separate sections, aligned to the own separate complaints system. This can be their local area and now oversee a new

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Honour-Based Abuse Rape Victims – No Place to Hide

denied Justice FORCED MARRIAGE only became a criminal oence in 2014. I was keen to meet with the charity Karma Nirvana, which supports thousands It is a shocking and unacceptable fact that in 2019 only three per cent of rape of victims of honour-based abuse every year, to complaints result in a suspect being charged. What is even more shocking is that hear what progress was being made in raising this figure is likely to fall even further in 2020 awareness of these crimes and successfully prosecuting oenders. It seems reports to the police of honour-based abuse has increased by over 50% since that time, but the number of prosecutions has dropped significantly IN EFFECT, what we are to adopt a “touch on the tiller” fall in the number of cases being Other victims refuse to year-on-year since then. The latest CPS Violence witnessing is the de-criminalisation against prosecuting “weak” prosecuted. Nor have they put come forward, or withdraw of rape. In doing so, we are failing rape cases in order to ensure forward any plans to address it. their complaints as they cannot Against Women and Girls report indicates honour- to give justice to thousands of a conviction rate of 60% and If the CPS is unwilling or face the unwarranted and based abuse prosecutions have dropped by more than complainants. In some cases, we higher. unable to deal with this failure unacceptable intrusion into their 60% since 2014/15. This alone indicates we need a are enabling persistent predatory The results have been stark. In effectively to prosecute rape, privacy. thorough examination of how these cases are being sex offenders to go on to re- year ending March 2017, police then the government must act. Complainants can end up handled across the criminal justice system. offend in the knowledge that they referred 6,611 cases to CPS The current situation cannot be feeling that they are having to Karma Nirvana tell me they recognise the positive are highly unlikely to be held to and in the year ending March allowed to continue. submit to being investigated action taken by the Home O’ce in tackling this crime account. This is likely to mean we 2019, 5,114 cases, a 22.6% Policy on whether to prosecute themselves before they can be but have concerns about how it is being handled are creating more victims as a decrease. However, in the year is not the only obstacle to considered to qualify for the 50% by the police and CPS. Evidence from victims and result of our failure to act. ending March 2017, the CPS victims of sexual assault and chance of a prosecution. This is HONOUR BASED ABUSE HAS practitioners is that police often fail to identify the Despite the outcry of charities prosecuted 3,671 cases, whereas rape accessing justice. We know because many will be required to INCREASED BY OVER 50% crime, in part as a result of a poor understanding. who support victims of sexual in the year ending March 2019, many victims of sexual abuse handover their mobile phones so Specifically, Karma Nirvana raised concerns that violence, the reasons behind this had fallen to just 1,758 cases, are reluctant to come forward that the data can be downloaded many of the recommendations from the 2015 this catastrophic decline in rape to see if it has any bearing on a Crime Commissioners warned that of their families, and as a result HMICFRS inspection on the police’s handling of prosecutions have yet to be possible criminal prosecution. the forms could pressurise rape there have been instances where HBA are still outstanding five years on (https://www. reversed. And no measures have This kind of digital interrogation of The reality of modern life is complainants into “consenting” otherwise ‘strong’ cases have been justiceinspectorates.gov.uk/hmicfrs/publications/ been put in place to address it. the victim does not happen in any that our mobile phone holds data to potentially unlawful full phone dropped. the-depths-of-dishonour/). It is discouraging that Yes, the government has set covering every aspect of our lives, Rising concerns about the other kind of case downloads as a result of police this well-intentioned inspection, which provided a up an “end to end” rape review to our most intimate details, our advising that a case might not overbearing intrusion into victims’ solid platform for shaping policing practices around identify the reasons behind this finances, photos of loed ones, proceed if they didn’t. privacy prompted a complaint to HBA, has not been used as a catalyst for e™ective collapse in prosecutions. I am a a collapse of 52%. This means and report the terrible crimes the list is endless. In the 15 months since the Information Commissioner. change. Indeed, Karma Nirvana says that in its member of this review and do not whatever the size of the bundle committed against them. Its own inspectorate criticised the notices were introduced, Her report which was published experience of dealing with victims, police work ‘on doubt the genuine commitment of cases referred by the police, Many fear they will not be the CPS for ‘disproportionate’ charities have reported recently questions the lawful basis the ground’ has deteriorated since the HMICFRS of other members to resolve this the CPS now prosecute less than believed or supported. They demands of an over-intrusive hundreds of rape complainants of the form is called into question inspection, rather than improved. unacceptable failure in public half as many of them as they were feel they may be judged harshly nature for rape complainants’ who have been forced to hand and it must be withdrawn and policy. But a year after it was prosecuting two years ago. by the criminal justice system, phone contents and personal over personal data in fear of replaced. I am keen to do whatever I can to ensure victims set up, we are nowhere near to Anecdotally, some police their families and their peers. records. Prosecution demands otherwise being denied justice. This report must be the line of HBA are receiving proper support and access to completing the review and making officers say the reason they made After all, many myths about rape for information like this do not In some cases, their assailant in the sand. This situation has to justice. I therefore wrote to the Home O’ce to request recommendations for change. fewer referrals was precisely still persist, with victims being happen in any other kind of case. is completely unknown to change. a meeting to discuss Karma Nirvanas concerns and How much longer can victims be because they knew that CPS unfairly blamed due to what In early 2019 the police them, making it impossible to Victims of rape and sexual what further action might be taken to address them. expected to wait? were prosecuting fewer cases they were wearing at the time and CPS issued a form for understand why examining the assault are being badly let down. it is disappointing we have not received a response. I The start of this this dramatic fall after 2017. or whether they were under complainants to sign, effectively data on their phone is considered Any victim of sexual violence must intend to pursue this issue. appears to coincide with a series of The CPS denies a change of the influence of alcohol. I am giving the police free rein to to be a reasonable line of enquiry. feel able to come forward and I want to be confident victims of this crime, so often CPS roadshows in which a senior prosecution policy, but so far, it committed to working with extract data from their mobile Hundreds more will have report in the knowledge they will hidden from view, feel able to come forward and official in the is reported has failed to offer any convincing charities who support victims to phones. Violence Against Women shrunk from the intrusion be supported, treated with respect report, knowing they will receive the support they to have urged rape prosecutors explanation to account for the challenge and dispel these myths. and Girls charities, and Police and demanded into their privacy, and and given access to justice. need to escape abuse and live their lives without fear.

16 2019/20 Annual Report Victims’ Commissioner for England and Wales 17 1:7

specific commitment adeuately to resource financial year. y predecessor also mental health and counselling services for published one report. Victims’ Services victims of serious violent and sexual crime. Many victims report delays in accessing Sowing the Seeds: Children’s I believe victims deserve to receive first class quality services whichever these services and this must change. experience of domestic abuse We also need to review the distribution of and criminality part of the country they live in. These services are vital in helping victims funding in respect of victim support services On the 1st April 2020 I published to cope and recover from the trauma of crime across all statutory agencies, including Sowing the Seeds: Children’s experience Police and Crime Commissioners, the NHS of domestic abuse and criminality. This and local government, to ensure there are built on a review of published literature in IN A letter to the Lord Chancellor on 16 has been frozen, despite the fact that the no gaps in provision and that all of these this area, which was published in March December I welcomed the new government’s demand for these serices has significantly agencies hae sufficient funding to delier (see below). I published Sowing the Seeds manifesto commitment to set out the level of increased. I have sought, and will continue the services that fall within their areas of in the midst of the global Coronavirus support victims should be entitled to expect. to press for, a guarantee the Ministry of responsibility. pandemic. The UK was in lockdown, with For me, this means the Government providing Justice will be submitting a robust case in families required to stay at home and only clear national standards of service delivery, the forthcoming Her Majesty’s Treasury’s venture out when absolutely necessary. so that victims across all parts of England Comprehensive Spending Review for These measures, whilst containing and Wales can expect a minimum level of increasing the budget for all victim support My Reviews and the spread of the virus, presented provision for locally provided victim support services to a level that enables providers to Analysis an unprecedented risk for victims of services. meet demand, whilst underpinning the high domestic abuse, who were compelled to However, decent services need to be standards of provision we want for all victims uring the year, Ie published fie reiews stay within their home with an abusive adeuately resourced. er the past fie of crime. and reports I have also commissioned three partner or family member. Together with years, the budget for victims’ services As well as a general commitment to pieces of research with top academics in those responsible for delivering domestic devolved to Police and Crime Commissioners resource victim services, I want to see a the field which I plan to publish in the net abuse support services, I was concerned

The UK was in lockdown, with families required to stay at home and only venture out when absolutely necessary. These measures, whilst containing the spread of the virus, presented an unprecedented risk for victims of domestic abuse, who were compelled to stay within their home with an abusive partner or family member

levels of abuse will grow sharply, with lines” dealing in drugs, with children pulled frontline services struggling to cope and into dangerous criminal activity. more children living in households of My review found an overlap between domestic abuse. children’s experience of domestic abuse Before the coronavirus dominated the and children’s offending behaviour. I called headlines, we were focused on the need for children who experience domestic to deal with another irus afflicting all abuse to be recognised in statute as parts of our society: a surge in gang- victims of crime. I also sought targeted related crime, appalling iolence inflicted interventions and support to help these by children onto other children through children and young people recover from knife crime, as well as so called “county domestic abuse.

18 2019/20 Annual Report Victims’ Commissioner for England and Wales 19 Victims’ Services 1:7

The findings show that some interactions such support, as well as covering the cost between victims and those working in the of interpreters, translation of documents criminal justice system are positive. For and travelling to and from the country eample, most of ictims are satisfied with concerned. their initial contact with the police, feeling In the report I called for entitlements for they have been treated fairly and with bereaved families of homicide abroad to be respect. Similarly, most victims think they included in the Victims’ Code and in turn were treated fairly by court staff and with for them to be eligible to apply for Criminal respect. However, the report also found Injuries Compensation. I included these there is growing dissatisfaction amongst recommendations in my response to the victims with how cases are handled. Government’s consultation on revisions to My review found The Victims’ Code of Practice sets out the Victims’ Code. an overlap between what support and information victims are I called for other improvements in support entitled to receive. Yet the CSEW data for these bereaved families including the children’s experience shows four out of fie ictims of crime hae translation of key legal documents and of domestic abuse and never heard of the Victims’ Code. support with repatriating their loved one’s children’s ožending This research makes clear that agencies body if they can’t afford to do so themselves. are not universally doing as they should UK citizens should not have to have their behaviour. I called and the risk is that the public starts to loved ones cremated abroad because they I want to ensure children are not made for children who The research challenges the notion that withdraw support from the police and the can’t afford to bring their body home. I am more vulnerable to exploitation by sending experience domestic children are merely witnesses to domestic courts. The launch of the new code should continuing to work with the Foreign and them far away from their homes and abuse and acknowledges children are indicate the gravity of not complying; ommonwealth ffice to improe the entitlements to make a Victim Personal support networks when they are taken abuse to be recognised directly affected by living in households that the Government intends to develop support for bereaved families of victims of tatement at those who would benefit into care. Therefore, I called for all care in statute as victims with domestic abuse. The report looks at a mechanism for accountability from the homicide abroad. most. I want to see the police piloting new homes to be regulated, including those for of crime. I also sought the overlap between children and young leadership of all the agencies, with robust I am in correspondence with the FCO, Met and innovative ways of delivering the VPS young people aged 16 who can be just as people’s experience of domestic abuse and systems in place to monitor compliance. Police, NCA and Ministry of Justice about in a way that makes a bigger impression on vulnerable and susceptible to exploitation targeted interventions criminality. However, while some children I hae used these findings to inform my taking these recommendations forward and victims and results in a higher take-up. as those under 16. I also called for a more and support to help and young people experience both domestic response to the government’s consultation will report back on my progress. comprehensive strategy for children as these children and abuse and offending behaviour, it doesn’t on changes to the Victims Code of Practice Anti-Social Behaviour victims of criminal exploitation, serious mean that one experience will automatically and the data will also be used to inform Victim Personal Statements In April 2019, my predecessor Baroness violence and organised criminal groups. young people recover follow the other. If a child experiences my recommendations for provisions in the In August 2019, I published an in-depth Newlove published the report Anti-Social I will be following up with Government from domestic abuse domestic abuse it doesn’t mean they will planned Victims’ Law. statistical analysis of survey data about Behaviour - Living a Nightmare. This departments and the relevant agencies necessarily go on to offend. Victim Personal Statements from the Crime report was co-written with academics about my recommendations. I also intend The findings from this literature reiew Struggling for Justice: Survey for England and Wales (CSEW). from Nottingham Trent University and the to work with key partners who were along with the gaps identified in it were Entitlements and Experiences The review found that for the year ending charity ASB Help. In it, Baroness Newlove involved in the research to develop a used to inform my subsequent ‘deep of Bereaved Families Following March 2019, few victims reported being found examples of police and council staff shared strategy for supporting young dive’ review into children’s experience of Homicide Abroad offered the opportunity to make a VPS by failing to appreciate the cumulative impact victims of child exploitation, beginning domestic abuse and offending behaviour In October 2019 I published a report exam- police, and that their VPS was read aloud in of persistent anti-social behaviour (ASB) on with a round-table session to discuss published in April 2020: Sowing the Seeds: ining the entitlements and experiences of court. Both levels have remained consistent its victims with each incident being treated our findings, agree aims and discuss key children’s experience of domestic abuse and bereaved families who have lost a love one since the uestion was first introduced to in isolation and the underlying causes being activities to take forward. criminality. to homicide abroad. the Crime Survey for England and Wales. ignored. The report found families can face an In over half of incidents where victims were She also found evidence of a culture of Children’s experience of Victims statistics, year ending up-hill struggle in their battle for justice in given the opportunity to make a VPS, victims playing-down ASB as being ‘low-level’; which domestic abuse and March 2019 another country, whose culture, language decided to do so. in turn was leading to a failure to recognise criminality: A literature review In March 2020 I also published a statistical and justice system are completely alien. There was a sharp drop in the proportion the impact it was having on its victims, In March 2020 I published a review of liter- bulletin of victim-related data from the ictims highlighted practical difficulties, of victims who feel that their statement including their mental health, their ability ature about children’s experience of living Crime Survey for England and Wales like getting documents translated, trying to has been taken into account by the criminal to hold down employment and the strain on in households with domestic abuse and (CSEW). The bulletin included statistical get information about the progress of the justice system. their family relationships. the overlap between this and their offend- data from the CSEW about victims’ contact criminal investigation or problems getting Following on from this, and as set out Baroness Newlove called for the Victims’ ing behaviour. The review was co-authored with the police, courts, attitudes to the their loved one’s body released after post- later in this report, I have been working with Code to be amended to include victims of by r ulian olina from my ffice and criminal justice system and the Victims’ mortem. They often need legal support and the National Police Chiefs’ Council to look ASB who reach the threshold to activate the Jade Levell from the Open University. Code and Witness Charter. some struggle with the costs of accessing at ways to target information on victims’ Community Trigger, a process which

20 2019/20 Annual Report Victims’ Commissioner for England and Wales 21 Victims’ Services 1:8

Speaking Up for Victims

An important part of my role is to meet with ministers, the judiciary, heads of criminal Commissioned Research justice agencies and government policy leads to discuss current policy and future change relevant to victims and their entitlements. I also use these meetings to feed Constitutional Research I have commissioned a research team, led by Pamela Cox, Professor in my own thoughts on what needs to be done, sharing issues of concern raised by of Sociology and Criminology at the University of Essex to carry out victims and making sure their voice is heard a comparison of the constitutional powers of other commissioners, arms’ length bodies, regulatory and inspectorate organisations. The Government has committed to introducing a Victims’ Law and Professor Cox’s research will help me to consider the role of the Victims’ Commissioner in statute and to make recommendations the Family Courts and the Civil Courts and to the Government on how the Victims’ Commissioner can further I liaise regularly allows members of the community to ask how they work to support victims. I have support victims and witnesses in the UK. the Community Safety Partnership to with ministers either been pleased to have the opportunity to review their responses to complaints of face to face or over hold several meetings with the MoJ Family ASB. She called for a review of the operation International Comparisons Court Panel, and I welcome its far-reaching of the 101 non-urgent police telephone I have also commissioned a piece of research by Sisters for Change, the telephone to report which reviewed the operation of the line. The costs to callers of the 101 line who have carried out an international comparison of the role, rights Family Court. have now been scrapped following this and entitlements of victims in other adversarial jurisdictions. This discuss a wide range I have met regularly with policy leads on recommendation. work, which has just been completed at the time of publishing range of issues a range of criminal justice issues, from both She called for the Community Trigger this report, will provide an evidence base that I can draw on in my o and the ome ffice, giing me the to be made more available and suggested response to any future Government consultation on a Victims’ Law. aecting victims opportunity to feed into the development of improvements for its operation. policy from a victim perspective. Although this report was published before Special Measures Literature Review my term, I am fully supportie of her findings In March, Dr Samantha Fairclough undertook a review of literature and recommendations. I have continued to on the availability and use of Special Measures to support vulnerable seek these improvements for victims of ASB, and intimidated witnesses in giving evidence. This summary of the I PLACE great importance on these meetings downloads of personal data within criminal and I am currently in discussions with Home best available evidence on the current state of Special Measures will as an opportunity to influence policies and investigations and case progression. ffice ministers about the operation of the help to inform my next ‘deep dive’ review which will seek to make practice, based on the feedback I receive I am a member of the MoJ Victims’Panel Community Trigger. I am also in contact with recommendations regarding how Special Measures are provided in from meeting victims. and sit on the ome ffice disory roup ASB charities and the Local Government the future. The table in Annex A sets out the meetings on Anti-Social Behaviour. Given the strong Association to engage their support for I have held with agencies, policy makers and overlap between women being victims of change. The reaction from the ome ffice Ministers since following my appointment in crime and committing criminal offences, so far has been disappointing, but I intend to June 2019. I was pleased to be able to continue my continue making the case for victims’ voices involvement on the MoJ Advisory Board on to be heard and taken seriously by those Whitehall Female Offenders. responsible for finding remedies to address I liaise regularly with ministers either face Following the COVID-19 lockdown, I was persistent anti-social behaviour. to face or over the telephone where we asked to sit on the MoJ Silver Command As well as being used to inform my future discuss on a wide range of issues affecting Group looking at cross-cutting issues work and my responses to Government victims. I am grateful to them for giving me affecting victims as a result of the pandemic. consultations, I will publish these advanced notice of announcements and the Disappointingly, it took some months commissioned research projects on my opportunity to raise questions. before I was asked to join the two working website along with my other reviews and Shortly after my appointment, I joined groups set up to oversee the recovery of the reports. Some of the contractors involved the National Criminal Justice Board. I also Magistrates’ Courts and the Crown Courts. are also keen to develop their work further sit on three NCJB sub groups, looking at The decisions being made by these groups and write articles for peer reviewed cross-cutting issues, including the end- will have a direct impact and it is vital there journals about this research and I look to-end rape review, exploring the reasons is an independent victim representative VC Dame Vera Baird with Victoria Atkins, forward to working with them on this in behind the collapse in the numbers of feeding in. Parliamentary Under Secretary of State for the coming year. rape prosecutions, the handling of digital I have taken a close interest in the work of Vulnerability and Safeguarding

22 2019/20 Annual Report Victims’ Commissioner for England and Wales 23 Speaking Up for Victims 1:8

Police AS A former Police and Crime stating their internal records show the offer for England and Wales showed more than claimant’s case to the CICA. This delay is Commissioner, I am only too aware of the being made in nearly eery case their officers half of ictims dissatisfied about how the unacceptable, significantly holding up the many pressures facing police forces, but are called out to. Whilst I don’t dispute this police kept them informed with the ongoing processing of victims’ claims. I have raised equally, I know the police have a critical role local data, if six out of seven victims have no investigation. I am also aware many crimes this with the NPCC but there are still delays to play in supporting victims and delivering recollection of the offer being made, it calls are now being dealt with over the phone of different lengths nationwide. their entitlements under the Victims’ into uestion the efficacy of the way in which and the victims in these cases also deserve Code. Since my appointment, I have held a the offer is explained. ongoing contact. Association of Police and Crime wide range of meetings with relevant lead Like my predecessor, I have raised the I sense the police generally make a positive Commissioners members of the National Police Chiefs issue at police conferences, most recently impression when they meet victims at the I have maintained my close contacts Council (NPCC), including the chair, Martin at the Police Superintendents’ Conference point at which the crime is reported, and with the Association of Police and Crime Hewitt. I have also met with the CEO of the in September. However, I am not convinced the data from my report supports this. The Commissioners and am invited to attend National Crime Agency to discuss its work. that simply highlighting the issue is going to Victims’ Code is clear the police have a duty its Victims and Witnesses Portfolio Group. These discussions have been helpful take us very much further forward. to maintain contact with victims, but all too These contacts keep me up to date with and constructive, re-enforcing my view I met with AC Nick Ephgrave, NPCC lead often it is not happening. This failure has in how they oversee operational policing. that police across the country are keen to for the Criminal Justice in November to part contributed to rising numbers of victims Throughout the lockdown period I set up and support victims as best they can. explore how we might devise a multi-agency withdrawing their support from the criminal held weekly calls with a group of offices DCC Louisa Rolfe is the NPCC lead for approach to increasing public awareness of justice process. This will be an issue I plan to collect frontline information on how domestic abuse and DCC Sarah Crewe leads the VPS and its purpose, as well as the range to discuss further with the NPCC as well as COVID19 was impacting on frontline victim on rape and sexual offences. I have valued of options available to victims for making my former Police and Crime Commissioner support services. This information was fed my meetings and discussions with them and their statement. I pressed him to look to set colleagues. back to the Ministry of Justice. welcomed their desire to bring about real up pilots, looking at new and innovative ways improvements in policing in these critical of delivering the offer of a VPS, possibly Tackling Fraud areas. at different points in the victim’s journey In October I met with Commander Baxter of Equally, Simon Bailey, the Chief Constable through the justice system. We need to the City of London Police and who leads on of Norfolk and NPCC lead for child think about how we deliver this key victim the police national fraud reporting system. Wales exploitation and non-recent sexual abuse at entitlement in a way that resonates with The meeting was prompted by the recent I’M DELIGHTED that my role NPCC has been extremely helpful in keeping victims and gives them their voice. investigation by The Times into Action Fraud covers Wales - the land of my me updated on the work police are doing in He agreed and ACC Emma Barnett, the and the treatment of victims. Commander grandfather and that my first tackling these crimes. NPCC lead for Victims and Witnesses has Baxter was able to reassure me that steps major public engagement in this I have also welcomed the opportunity to been asked to take this work forward. In my were in place to ensure that the services role was in Wales. meet with ACC Neil Basu, the NPCC lead meetings with ACC Barnett, again I have provided by Action Fraud were being From the outset, I have been on counter terrorism to discuss the support been clear that working alongside other reviewed to ensure victims could expect to keen to engage with the Welsh being given to victims of terror attacks. agencies, we need to pilot new options for be treated with decency and respect. Government, so that I am the effective delivery of the VPS. I am aware that fraud is the fastest fully able to fulfil my statutory Victim Personal Statement ACC Barnett tells me that in order to growing areas of crime, with 86% being responsibilities to victims in Wales. There are two key operational concerns achieve a more consistent practice and cyber related. It is pernicious in that it is a y ery first task following my for me which apply to all victims of crime. better compliance with Code entitlements, crime committed against people in their own appointment was to give evidence The first is whether ictims are always she has set up a National Governance homes, as witnessed by the recent increase to the Welsh Criminal Justice Commander Karen Baxter - NPCC lead on Fraud and being made an offer of a Victim Personal Group, with members reporting on how they in reported fraud during the COVID-19 Economic Crime 2019 Review, led by Lord Thomas of Statement (VPS) and the second is how support victims and to oversee progress of lockdown. Cwmgiedd, where I was able to explain both my role and the needs of victims within police maintain ongoing communications the NPCC Victim and Witness Strategy of My concerns are that there should be the criminal justice system. with victims during investigations. which delivery of a consistent, good quality clear pathways for support for victims of In February I met with Welsh Assembly Deputy Minister and Chief Whip, Jane Hutt My report on the VPS, published in August service to victims and witnesses is a key aim. fraud, that victims should be encouraged to hear about the work the Welsh Government was doing to support and protect 2019, showed just 14% of victims recollect All of this is welcome, but it must not detract to step forward and report and that they vulnerable victims. We have agreed to meet regularly going forward and to share being made the offer of a . These figures from the key priority of finding new and should know that are not alone. This is an information between our respectie offices. are consistent with data from similar reports effective ways for delivering the VPS. issue we will be exploring further in the I have also attended and spoken at two conferences in Wales. published by my predecessor over the past I look forward to taking this work forward coming year. four years. This is a disappointing finding and with the NPCC in the coming year. suggests many victims are not being given Liaison with Criminal Injuries Top: Welsh Womens Aid Visit the opportunity to have their voice heard in Left: VC Dame Vera Baird with Welsh Assembly Deputy Minister and Chief Whip, Jane Hutt Police Communications Compensation Authority court. My report published in March analysing I have raise concern about delays in police West Yorkshire Victim Strategy launch - Feb 2020 I know some forces dispute the data, victimisation data within the Crime Survey forces sending information about the

24 2019/20 Annual Report Victims’ Commissioner for England and Wales 25 Speaking Up for Victims 1:8

COVID19 Recovery Family Courts I have taken a close interest in the courts Like many others, I am concerned about the during the COVID19 lockdown period. I treatment of victims in the Family Courts, am concerned that the impact this will have the cross examination of victims of domestic on the backlog of cases awaiting trial will abuse by the perpetrators, the support be significant. This will hae a detrimental available to victims attending court and impact on victims, and we have already seen the extent to which courts understand the a significant increase in ictims withdrawing concepts and reality of domestic abuse, their support for prosecutions, in part control and coercion. I welcomed the because of the time it is now taking to Government’s decision to set up a special complete investigations and get cases to panel to review the operation of the Family courts. Courts, although I regret that victims have Two groups have been established by the not been specifically represented on the Ministry of Justice and the Lord Chief panel. I have had the opportunity to meet Justice to consider options for post- with officials and one of the panel members Her Majesty’s Courts and Tribunal Service (HMCTS) lockdown recovery of the Magistrates to discuss emerging findings and this Courts and the Crown Courts. It is has been helpful. The findings hae been I HAVE met with the Chief Executive of for providing court support and staff with The latest facilities audit has been disappointing that it took some months published and I welcome its far reaching HMCTS, Susan Acland Hood and with her training addressing this issue. completed and I am keen to see the detailed before I was asked to join the two working recommendations which I hope will feed into officials during this year. The CEO informed me of the facilities findings. There are systemic issues affecting groups set up to oversee the recovery of the the Domestic Abuse Bill. audit undertaken across the HMCTS the whole of the court estate, including the Magistrates’ Courts and the Crown Courts. Special Measures estate in 2017. On back of this, there was criminal courts. We know that technology is The decisions being made by these groups I welcomed the Government’s decision Based on my experience as a Police and some funding to provide improvements poor and reproduction of the voice is often will have a direct impact on victims and it is Crime Commissioner, one of my primary for victims and children’s rooms, but all not synchronised with the film. ulnerable vital they have some one who can champion to set up a special panel to review the concerns has been whether victims and too often, facilities in the family courts for victims and witnesses are not always their needs. witnesses entitled to special measures in vulnerable people fell short of those in the being identified and hence dont get their Plans for recovery will only be effective operation of the Family Courts the courts were being properly identified criminal courts, because of their different entitlements. if they hae the confidence of ictims and in advance of trials. history and changing use. This needed to In response to these concerns, I have those who are responsible for supporting I am concerned about the extent to be addressed. decided that in the coming year, my research them. which remote evidence centres are The CEO has also acknowledged some team will undertake a comprehensive review being utilised to offer a safe place for of the difficulties in collating accurate of special measures, their availability, the vulnerable and intimidated victims to give data, not least because police forces have extent to which they are facilitated by the their evidence. More needs to be done different IT systems, and the collation of court estate and their impact on victims’ to promote the use of remote links. This certain pieces of information depended on ability to give best evidence. means vulnerable and intimidated victims who happened to be in the court room at and witnesses being identified early in the time. Section 28 the process and where cases are getting It is so important that data on use of I have also followed the progress of to court that have not been correctly remote evidence links and section 28 is the rollout of s.28 pre-recorded cross identified, judges taking the initiatie to being collected across the whole of the examination. Despite a problematic start the raise the issue themselves. estate and on a regular basis. It isn’t the to this project, 18 Crown Courts are now ne of the difficulties in assessing the police who are responsible for recording licensed for its use but that needs to be extent that this is an issue is that there is the use of these facilities, this must greatly increased as a matter of urgency little data on offer. I want to see the rollout fall to HMCTS since it is part of the given the backlog of cases, and the impact of of the common platform and new models court process. delay on the kind of vulnerable victims that this process can help. Further data on this is essential and Section 28 should be used a In the coming year, my research team much as possible in every available court. will undertake a comprehensive review In the coming year I will be scrutinising s.28 to see whether use of the technology is of special measures being fully optimised.

26 2019/20 Annual Report Victims’ Commissioner for England and Wales 27 Speaking Up for Victims 1:5

Criminal Injuries Compensation National Probation Authority (CICA) Service (NPS)

I HAVE had two meetings with Linda Brown, account of what happened to them. This groups of victims, such as those who have I HAVE had two meetings with the Chief CEO of the Criminal Injuries Compensation particularly applied to victims of sexual suffered bereavement, are aged over robation fficer, onia lynn and the ead Authority and I have found these to be very assault. Some victims were either put off 70, have limited life expectancy, complex of the Public Protection Group, Gordon productive. from making a claim or felt compelled to cases, including multiple applications, and Davison. I have also met with Amy Rees, instruct a solicitor to avoid the trauma. claims which have previously fallen under Director General for HMPPS, responsible De-traumatising claiming for The CEO and I have discussed this issue in the same roof rule. The confirms for probation services and HMPPS in Wales Dame Vera Baird with Sonia Crozier, Compensation depth and I highlighted the fact that police this is working well and is popular with and one of her Directors, Jim Barton. I feel Director o ational Probation My predecessor’s review into the Criminal provide copies of the victim’s statement staff and victims. Staff can phone the my engagement with HMPPS has been ervice discussing inormation Injuries Compensation Scheme (CICS), and CICA prefer to use this to using the applicants to seek additional information productive. I am particularly grateful to Sonia sharing with victims - ept 2019 published in January 2019, found victims account on the application form. The CEO and secure a broader base of evidence for and Gordon for keeping me informed of high were traumatised by having to set out a full subsequently decided CICA would pilot determining the claim. Looking ahead, I profile cases that raise sensitie issues about removing this requirement to see whether would like to see this being rolled out more the treatment of victims. in the right direction. I also welcome the it was feasible and would not lengthen the widely. positive response to our request for some Victims were traumatised by having to set overall time it took to process some claims. Greater Transparency VLOs to become specialists on the mental Two hundred cases were tested in the pilot Same Roof Rule My primary focus at these meetings is to health review system, so that they can offer out a full account of what happened to them. and the new way of working, where victims In September 2018 the Justice Secretary ensure those victims within the VCS are victims of mentally disordered offenders the This particularly applied to victims of sexual of sexual crime were not required to explain committed to abolish the pre-1979 same being proided with sufficient information to support they deserve. the crime. The pilot was a success and CICA roof rule which has denied compensation enable them to understand the progression Of course, I am pleased that HMPPS assault. Some victims were either put o were planning to roll this out to all victims to some victims. Legislation was of prison sentences through to the point has responded positively in supporting from making a claim or felt compelled to of sexual crime from 14 May. They will no introduced to amend the Compensation of release. For example, I was keen to see this group of victims, the issue of victim longer have to set out in their own words Scheme to make this group of victims victims being informed when the offender engagement with the mental health review instruct a solicitor to avoid the trauma what had happened to them. Instead, they eligible. I raised with Ministers why has been re-categorised, explaining in process has yet to be resolved and this would simply be required to provide a crime these victims would be given an award general terms how and the decision was is something I am taking up directly with and location details and the date. CICA will under the current scheme, which is less taken and the factors likely to have been Ministers. use this to track down the police reports. generous than schemes in place at the taken into account. Despite some initial I very much welcome this and I know time the offences had taken place, but reservations about this suggestion, I am Victim Contact Scheme it will be welcomed by victims and those sadly, Ministers were reluctant to make delighted to learn that the annual contact The Government announced in October supporting them. this change. letter sent to victims will include an update 2019, its intention to ask victims of serious I understand CICA has received around on the offender’s categorisation. I also sexual and violent crimes whether to “opt Reducing Complexity 1,500 applications from this group of understand this letter is to be reviewed out” of the VCS as opposed to the current Another concern raised in my predecessor’s victims and to date, around 40% have to consider what scope there might be for arrangement whereby they are required to report is the complexity of the application been processed. Most offers were being providing more information on an offender’s “opt in”. This is a welcome attempt to address process. I have been kept informed of accepted at first decision. I will continue to progress, whilst remaining compliant with the fact many victims do not respond to the work CICA is undertaking to simplify the seek updates on this area of work. data protection legislation. I look forward to reuest to opt in only to find they are not application form and remove duplications seeing the detail of any possible changes as consulted on licence conditions at the point and unnecessary questions. I also MoJ Review of the Criminal In- I am firmly of the iew this information will of release or given the opportunity to feed understand CICA is planning to introduce juries Compensation Scheme provide victims with greater reassurance into the parole process. “track my claim” software functionality so Looking ahead, I await the outcome of the and will assist them in understanding the I understand this approach has been piloted that victims can keep up to date with the MoJ review of CICS and how the MoJ plan reasoning behind parole decisions. and the results have been impressive, with progress of their claims. to respond to other recommendations we those wanting to join the VCS increasing have made for reforming the scheme. The Unrestricted Patients significantly. I also welcome the proposal Single Point of Contact schedule of awards payable has remained I have welcomed the decision taken by MoJ that bereaved victims following death by My predecessor also called for victims to be unchanged since 2011. I will also be to offer victims of unrestricted patients a dangerous and careless driving will now be given a single point of contact or caseworker writing to Ministers seeking a commitment ictim iaison fficer in cases where they able to join the scheme. within CICA so that they receive a more that in future, they are increased in line meet the statutory criteria. At present, these These welcome proposals will increase take personalised service. I am pleased that with the rate of inflation in order to ictims hae to find their own way through up will place more pressure on the VCS Dame Vera Baird with CEO of CICA now provide such a service for certain prevent any further erosion of their value. the mental health system and this is often a and moving forward, I will want to be sure Criminal njuries Compensation very distressing experience. My predecessor there is sufficient additional funding to meet Authority - Sept 2019 called for such a change and it is a step the cost.

28 2019/20 Annual Report Victims’ Commissioner for England and Wales 29 Speaking Up for Victims 1:8

Parole Board Inspectorates

I HAVE met with the Parole Board and Victim engagement with parole hearings CRIMINAL JUSTICE inspectorates have welcomed the opportunity to observe is improving. I understand over 2,500 a vital role to play in making sure criminal a parole hearing so that I might fully victims on the Victim Contact Scheme justice agencies operate to the highest 58,000 understand how the parole process works. have registered to receive high level standards and deliver their statutory IN 2019 THERE WERE OVER 58,000 I attended a hearing at HMP Wormwood summaries of Parole Board decisions. functions effectively. COMPLAINTS OF RAPE Scrubs and it was fascinating and Over 3,000 summaries have been issued I am very aware victim issues fall across reassuring. I was delighted the members to date. I welcome this demonstration that the boundaries of three inspectorates, were able to discuss their role with me, victims want to be better informed and to HMICFRS, HIMIP and HMCPSI. Whilst I am giving generously of their time. understand the decisions being taken by sure all three are committed to reviewing VC Dame Vera Baird with Sir Tom Winsor It confirmed my iew that it is entirely criminal justice agencies. I am keen that services from a victim perspective, there is a Chief Inspector of HMICFRS - Oct 2019 proper that parole hearings focus on there should be an evaluation of these possibility of victim issues falling between the making an assessment of an offender’s summaries so that we can be confident they gaps. For this reason I requested to attend future risk to the public, but the starting are set out in terms clearly understood by a meeting between the criminal justice further and joint review to be undertaken by took place after a series of CPS roadshows in point is that someone has lost their life the recipient. inspectorates to raise the possibility of a joint HMCPSI and HMICFRS. Crown Prosecution which a senior official in the is reported to or been subjected to horrendous violent The new parole reconsideration inspection looking at how effectively criminal I also met with Justin Russell, the newly service have urged rape prosecutors to a “touch on the or sexual crimes. The victims are likely to mechanism came into effect in July 2019. justice services provide end to end support appointed Chief Inspector of Probation to tiller” against prosecuting “weak” rape cases in still be traumatised and may be for the My predecessor welcomed the mechanism, for victims. discuss how his team inspected the work of I HAVE met with officials from to discuss order to ensure a conviction rate of 60% and remainder of their lives. Parole reviews but voiced some caution. As anticipated, My discussions with HMICFRS have the Victim Contact Scheme and what data Violence Against Women and Girls and I higher. maybe a forensic exercise, but they should relatively few victims are seeking a focussed on how police support vulnerable was being collected. attended a stakeholder consultation meeting The results have been stark. In year ending not be an exercise entirely immune from the reconsideration and the question remains victims and witnesses and how we might to discuss child sexual abuse. I have had March 2017, police referred 6,611 cases to suffering of the victims. whether they have the information and the work together to ensure inspections are Senior Judiciary helpful discussions with CPS representatives CPS and in the year ending March 2019, 5,114 support to challenge whether a decision is focused on the right issues. It was a pleasure to meet the LCJ, Lord on a number of groups and committees. cases, a 22.6% decrease. However, in the year reasonable. I am delighted the Chief Inspector, Burnett and President of the Queen’s Bench Similarly, I meet with CPS staff on the ending March 2017, the CPS prosecuted There have been around 200 Sir Tom Winsor, has agreed to sit on my Division, Dame Victoria Sharp to discuss a National Police Chiefs Council sub groups 3,671 cases, whereas in the year ending March reconsideration applications since the Advisory Group. He also suggested I might range of issues including the victim personal on domestic abuse and rape. The Director of 2019, this had fallen to just 1,758 cases, a new process came into being, with 90% have an input in drafting questions for statement, the treatment of victims of sexual Public Prosecutions (DPP) has not yet met collapse of 52%. This means whatever the being made by prisoners as we suspected Force Management Statements relating to violence in the court room, the transparency with me. size of the bundle of cases referred by the 3,000 would be the case. Again, it is important this vulnerability. I took up this opportunity as it of sentencing and how it might be better Shortly before I took up this post the police, the CPS now prosecute less than half OVER 3,000 SUMMARIES HAVE BEEN initiative is fully evaluated once it has been is these questions that will focus forces and explained to victims and defendants. CPS with the NPCC launched a form to get as many of them as they were prosecuting two ISSUED TO DATE given time to bed down. inspectors on how victims are treated. I also met with Mr Justice Holroyde, victims’ consent, essentially in rape cases, years ago. Looking ahead, I will be taking a close Chairman of the Sentencing Council, to raise to allow mobile phone data extraction. necdotally police officers hae told me interest in the work HMICFRS is doing in the issue of how we might work together Violence Against Women and Girls charities, the reason they made fewer referrals was response to police super-complaints are to improve the understanding of sentences the Association of Police and Crime precisely because they knew that CPS were progressing and any emerging findings. and what they mean in practice not only to Commissioners and I had strongly advised prosecuting fewer cases after 2017. The issues arising from these complaints, victims, but the wider public. There is much against using the form as it would not provide The CPS denies a change of prosecution namely the treatment of victims of modern more we need to do on this subject as all free consent. The DPP continued to promote policy. I am concerned that the change in policy slavery and domestic abuse, are of particular too often, our sentencing is opaque and the this form until the Information Commissioner or practice that has led to this substantial interest. I am also keen to feed into plans for explanations provided after trial do little to gave similar advice to ours, that it did not drop in prosecutions has had the unintended joint inspection work on vulnerabilities. assist victims in understanding the practical create a valid consent. CPS and police were consequence of de-criminalising rape other I have met and entered into effect of what has been handed down. told to withdraw it. than in a very small percentage of cases. correspondence with Kevin McGinty, Shortly after my meetings there was an I have made no secret of the fact that I The failure to prosecute rape is that of CPS I, specifically relating to the announcement that in certain cases, judges’ have been alarmed by the collapse in rape leadership who need to be held accountable to significant drop in rape prosecutions sentencing remarks would be televised and prosecutions since 2017. This dramatic fall the public they should serve. (covered earlier in this report) and the case put online. This is a step in the right direction, study review undertaken by the HMCPSI but I remain committed to seeing all victims as part of the government’s end to end rape of serious crime being offered a free I have made no secret of the fact that I review. As already noted, I shared the serious transcript of judges’ sentencing remarks, so concerns of the VAWG sector in how this that they are able to absorb what has have been alarmed by the collapse in eeting with the Parole Board discussing the parole process - ct 2019 review was undertaken and am pleased to been said away from the stress and noise of rape prosecutions since 2017 see the government has now commissioned a the courtroom.

30 2019/20 Annual Report Victims’ Commissioner for England and Wales 31 1:9

Protection Orders, which courts use to keep a perpetrator away. This Bill allows positive requirements to be tacked onto those orders, such as going on a behavioural change programme, but provision of such programmes 2.4m is inconsistent across policing areas. There NUMBER OF ADULTS AFFECTED BY needs to be consistency in quality and funding DOMESTIC ABUSE EACH YEAR, TWO if these orders are to work. THIRDS OF WHOM ARE WOMEN Victims will be automatically eligible for ‘special measures’ in the criminal courts, as sexual abuse complainants are now (for example they will be able to give evidence via a video link) and this could encourage more to testify. But these special measures are rarely VC’s View used in the Domestic Abuse Magistrates’ Courts so urgent culture change will be required. The Family Courts Review Panel recommended that special measures are also needed in the Family and Civil courts, and I am Tackling the Torture pleased to say the Government has agreed with that. Bizarrely, the Bill provides for domestic abuse offenders to be subject to lie-detector of Domestic Abuse testing when on licence from prison. While this element may make for good headlines, they are, all in all, random proposals which will not IMAGINE LIVING your life in fear of your Establishing the post of Domestic Abuse end domestic abuse which affects 2.4 million partner’s temper, afraid of what will happen Perpetrators will Commissioner is the best step in the Bill. She adults each year, two thirds of whom are to you in bed at night, treading on eggshells, be banned from will stand up for survivors, raise awareness, women. not allowed money, isolated from your family, monitor responses and hold public authorities The Bill must entitle migrant victims of abuse told every day that you are stupid and can’t personally to account - but she needs more powers to the same help and support given to non- get anything right. All this from someone cross-examining to do any of this. Further, during the Bill’s migrant victims. Many are barred from having you loved, who loved you and who is your Committee stage, Ministers seemed intent on access to public funds in England and Wales only frame of reference since you’ve stopped their victims in parading the Domestic Abuse Commissioner which means they have no way of getting any seeing any friends and been pressed to give family courts, but as the answer to everything they are failing support to deal with a violent partner. up work and independence to tackle, even issues for which government And there have been many instances where This is the isolated, tortured life of a although a welcome intervention is needed. the police have tended to focus on their domestic abuse victim. It can take time for The Bill includes a new definition of immigration status more than on helping them. the victim to see that this is abuse and not inclusion, it is a small domestic abuse, to replace diverse ones in Everyone suffering abuse in our country must what they believe is their just desserts. By element and the use across government. A duty is put onto be entitled to potentially life-saving support then they can be so degraded that they don’t councils to support victims and children in when they need it but the government is not expect anyone to believe it if they complain. family courts need refuges and safe accommodation, but there tackling that issue. Despite much publicity, domestic abuse is thorough reform is no money provided to fund it. And the duty It has now been agree that children who little understood, and most people would not is too narrow, leaving out for instance health are currently who witnesses to abuse in their know how to recognise it, how to react to it or providers which can be key to long term own family will be victims. This change will how help those experiencing it. recovery but deliver support inconsistently. help to end any notion that a perpetrator can New legislation needs to end this epidemic, Perpetrators will be banned from personally abuse a partner and still be a good parent, and root and branch, as surely as we must end cross-examining their victims in family courts, Children who are currently it will encourage and allow access to specialist the shorter-lived Covid19 one. But the but although a welcome inclusion, it is a small treated as witnesses to abuse support for young people. current Domestic Abuse Bill will not do that, element and the family courts need thorough Clearly, if local authorities are to be unless government supports a package of reform. The Family Courts Review Panel has in their own family will now given new duties to provide refuge-related amendments which have been shaped by recommended radical changes, which need to be to recognised as victims services, they have to be funded for it and the the new Domestic Abuse Commissioner, be added to the Bill. duty needs to cover all public authorities in specialist domestic abuse charities and me . A good move is to extend Domestic Abuse particular those from the healthcare sector

32 2019/20 Annual Report Victims’ Commissioner for England and Wales 33 Domestic Abuse 1:10

so that we end the current inconsistent response. I also want to see the Bill make it a criminal offence to threaten to publish Knowledge is power. intimate photographs. These are often taken during a relationship and threatening their disclosure is a cruel new weapon, which bludgeons women out of leaving Information is liberating abusive relationships through fear of the shame if images were made public. Communication was non-existent unless I was persistent. I was exasperated by the whole Equally vital is to criminalise non-fatal experience & not taken seriously. I have no faith in the cjs. I have suered with extreme strangulation, which is frequently used as a means of control. It is a dangerous practice depression from my experience & have lost respect for the system & process in itself, but research has also shown that it (Female respondent, 45-54, South West) is an indicator of a high level of risk. There is a strong case for a defence for victims who are forced to commit crimes by their abuser. Sixty percent of A FORMER head of the United Nations, the in 2018, the government scrapped the privacy women in prison for minor offences have late ofi nnan once said nowledge is requirement in the Parole Board Rules and suffered domestic abuse which many say power. Information is liberating.” These are victims can now be given high level reasons have overborne their free will at the time. wise words from a wise man. for Parole Board decisions. Victims responded Victims of modern slavery, in a similarly Unduly Lenient Scheme Transparency in the justice system has positively to this offer of more information coerced position, do have a defence been one of my key themes in my first year 52.2% and so far, more than 2,500 victims in the and there is little difference in the two On 25 July I called for the Government to Another obvious as Victims’ Commissioner. I want victims and Victim Contact Scheme have registered to positions. undertake a comprehensive review of the witnesses to be better informed about the MY ANALYSIS OF VICTIMISATION receive high level summaries of Parole Board significant public education campaign Unduly Lenient Scheme. example is stalking, criminal justice system and able to challenge DATA COLLECTED AS PART OF THE decisions, with over 3,000 summaries issued must accompany the Bill, until there is The reason why the UL scheme was those who hold power when appropriate. This CRIME SURVEY FOR ENGLAND AND to date. nobody left in England and Wales who introduced 30 years ago was so anyone - but which is not always will help victims to cope and recover from WALES SHOWED OVER HALF (52.2%) This appetite for more information on the reacts to a complaint of abuse by asking in particular a victim - could ask the Attorney taken seriously crime, which is in everyone’s interest, but OF VICTIMS DIDN’T THINK THE POLICE part of victims sends a clear message to the the victim why they don’t just leave. General to consider challenging a sentence especially that of the criminal justice agencies KEPT THEM WELL INFORMED ABOUT rest of the criminal justice system. Domestic abuse has declined from a on the basis that it was not just lenient but enough, particularly who may need their help in the future. It will PROGRESS IN THE CASE. THE FIGURE And yet, in other areas, we appear to be prevalence of 8.9% in 2005 to 6.3% in unduly so. Although it has been updated a where the behaviour also help to deliver a fairer justice system in WAS 43.5% JUST FOUR YEARS EARLIER going backwards. My analysis of victimisation 2019. This Bill should cut it further but if few times, there has never been a systematic which ictims and witnesses feel confident. data collected as part of the Crime Survey we are ever to celebrate the eradication of review and there were obvious offences itself is not obviously All crime has an impact on the victim. for England and Wales showed over half domestic abuse, we need to lobby for these which should be included. That is likely to range from a minor setback, (52.2%) of victims didn’t think the police kept additional amendments now. For example, there has only been a threatening perhaps causing the victim to feel that they them well informed about progress in the dedicated domestic abuse offence introduced are less safe than they had thought, right up case. The figure was . just four years since 2015. This is called coercive and driving is included within the scheme and to a need for lifelong post traumatic support earlier. Anecdotal evidence is that victims can controlling behaviour and it has transformed consideration should be given to including for victims of serious physical or sexual go weeks and months without receiving any our understanding of how traumatic and long- death by careless driving as well. assaults. It is imperative, if the criminal justice update. It is little wonder record numbers term the impact of domestic violence can be. The Government agreed to my request and system is to be fair to those victims, that they of victims are withdrawing their support for Sentencing hasn’t caught up with this greater an announcement was made in September, are treated with dignity and acknowledged prosecutions. understanding and frequently victims and adding a further 14 offences to the scheme, as having an important role to play in the I want all victims to know what is happening children are left feeling that neither the harm including stalking, harassment, offences process. as cases progress through the system. This done, nor the culpability of the offender have involving controlling and coercive behaviour, Victims and witnesses need to be given is all the more important as the time taken to been recognised. and additional child sexual abuse offences. clear, easily understood information about the complete investigations and get cases to trial Another obvious example is stalking, The continuing problem is that the criminal justice system and how it will work is getting longer, with some victims waiting for which is not always taken seriously enough, Government does not promote this, so most and, it is essential that they are kept up to date two years or longer before they see their case particularly where the behaviour itself is not members of the public do not know that they on the progress of the specific case in which get to a courtroom. obviously threatening. have the right to ask for a challenge. This is they are involved. This means police officers or those working I am also very aware of the distress caused likely to particularly adversely affect victims of In recent years, there have been some for the police contacting victims regularly to bereaved families by the sentences crime and the Government needs an urgent positive moves towards openness, and these to give them updates on the progress being sometimes handed down for causing death promotional campaign when it launches the have been well received by victims and made, even if there is little to report. By by careless driving. Death by dangerous new Victims’ Code. witnesses. Following a High Court judgment receiving these updates, victims will feel part

34 2019/20 Annual Report Victims’ Commissioner for England and Wales 35 Knowledge is power. Information is liberating 1:11

victims, witnesses and the public being able The Power of My Voice to understand the reality of sentences and the reasoning behind them by viewing them online. Another important element to transparency is victims being provided Championing the with sufficient information to help them understand an offender’s progression through a prison sentence, to the point of release. Needs of Victims For example, I want victims in the Victim ontact cheme to be notified when the offender has been re-categorised, perhaps explaining in general terms how such a The role of Victims’ Commissioner has very little decision is taken and by whom and the statutory power. But what I do have is the power factors likely to have been taken into account. of my voice, speaking up for victims, highlighting I have been successful in persuading HMPPS to notify these victims, as part of their annual inequality of treatment and the needs of vulnerable Victims and witnesses need to be given clear, contact letter, when an offender has been victims, and talking about victims’ experiences of easily understood information about the transferred to a lower category prison. the criminal justice system I am also pleased to be told that the annual criminal justice system and how it will work contact letter is to be reviewed, with the aim and, it is essential that they are kept up to date of providing victims with more meaningful SINCE MY appointment, I have been keen to on the progress of the specific case in which information on the offender’s progress. I use all forms of media to talk about my work hear victims’ frustration with these letters, and highlight the issues that matter most to they are involved which give very little information. Evidence me. I want to be considered a trusted and from our victim engagement exercise in authoritative independent voice for victims 2018 suggests victims interpret dearth of and witnesses by the public and the media. of the process and will derive a sense that the information as no change in the risk, attitudes In order to achieve this, my team and process is working for them. or behaviour presented by the offender. So, I have used a range of traditional and Victims should be consulted on bail terms when the victim receives a parole decision new media to promote my role and our which can provide important protection for stating the offender is safe to be released, it key messages. I have taken up many them. They have the right to review Police can come as a terrible shock. In reality, a great opportunities to work with organisations or CPS decisions depending on who decides deal of progress may have been made and which support victims and have spoken at against a charge In their case, and they must this must be shared with the victims. a number of meetings and conferences, be consulted by the CPS if it’s proposed to nd finally, I want ictims to be gien responding to questions and stimulating drop a serious charge to a lesser one. more information on how an offender will be debate and discussion. However, these Entitlements are rarely managed within the community. Many victims assured. live in constant fear of release, particularly National and regional Media When a defendant is sentenced, I want to when the offender is an ex-partner or family If the sheer volume of press requests be sure victims (and defendants) understand member. The steps being taken by criminal receied by my office is a reflection of what the sentence actually means in practical justice agencies to manage the offender societys interest, it all points to a significant terms. Our sentencing laws are somewhat in the community and monitor their risk awareness of the issues facing victims. opaque and it is little surprise so many victims of doing harm are often extensive, and if Our intention is to provide the victims’ are confused. fully explained to a victim, might provide voice. I am calling for victims and defendants, in reassurance. We are currently in the process of serious cases to be given transcripts of judges o, ofi nnans dictum nowledge is drawing up a new communications strategy sentencing remarks free of charge so that VC Dame Vera Baird meeting with Victims power. Information is liberating” neatly and which will coer the term of my office. they can absorb the information away from inister le Chalk P succinctly sums up why we need to do more This will include specific media, digital and the pressures of the court, at a time of their to open up our criminal justice system and stakeholder engagement plans. choosing and seek advice where appropriate. share information with victims. My team and I are undertaking further I also welcome the announcement by By doing so, we help all victims to cope and work to epand our reach specifically the Lord Chancellor that cameras will be – where possible - recover from the trauma of targeting and working with outlets which allowed into courts to film judges handing crime and we make our justice system fairer attract a younger audience and minority VC Dame Vera Baird at LimeCulture’s ISVA Conference to all. down sentences. This should lead to more GEOFF REARDON PHOTOGRAPHY groups.

36 2019/20 Annual Report Victims’ Commissioner for England and Wales 37 The Power of My Voice - Speaking up for Victims 1:11

Website Communications Other Jurisdictions Strategy Victim Charities My website can be found at: I AM continuing to develop an extensive I’m constantly inspired and impressed I HAVE welcomed the opportunity to Recognising the importance meet with representatives VictimsCommissioner.org.uk. network of connections with the fantastic by the amazing work undertaken by of communication, I was from foreign governments, We worked with an in-house third sector organisations, who do such these charities. Their commitment and delighted we were able, for who are keen to discuss the treatment team to re-develop the website valuable work supporting victims of all dedication to the victims they support is of victims. I believe we can learn much over a two-year period. the first time, to appoint a types of crime. truly inspirational. full-time communications from the work undertaken in other This includes the domestic abuse y office is about to appoint a countries and I hope they can learn The current website was launched manager. We are currently sector, the majority of whom work stakeholder manager who will help us to in March 2019. from us too. in the process of drawing with female victims, but many who also extend our reach even further and on a The new website o™ers better Over the past year I have had the up a new communications support men. It also includes charities more systematic basis. engagement with victims through Twitter pleasure of meeting and speaking to: the “Victims’ Journey”. It also o™ers strategy which will cover tackling perpetrators of abuse. My legitimacy comes from the a visiting group of senior Pakistani other facilities, such as an online blog, The Twitter account is: my first term in o’ce. This Children’s charities play a key role breadth and depth of my contact with Criminal Justice Leaders; o’cials Twitter feed and examples of good @VictimsComm. We will include specific media, both in domestic abuse and in the sexual victims and I am proud that so many of from the Dutch Ministry of Justice and practice in the support of victims. digital and stakeholder violence sector, where there are also them choose to engage with us. Security; the Victoria (Australia) Attorney currently have more General & Minister for Workplace Safety, I use it to publish my news releases engagement plans. great organisations supporting men and and blogs, and these provide a ‘library’ than 10,000 followers women, those who support victims of I am constantly The Hon Jill Hennessy and its Minister of my comments and statements – for Crime Prevention, The Hon Ben and this is growing. antisocial behaviour, specialist BAME inspired and clearly documenting all my ongoing charities of all kinds, smaller charities Carroll; a visiting delegation of Chinese judges; and Dr Kim McGregor, Chief work and policy positions. It is an important Other Social working with the bereaved including impressed We post copies of my letters and Victims’ Advisor for New Zealand. communication those who support the victims of mentally meeting notes on the website so Media by the amazing that everything I do is as transparent channel which allows disordered offenders and of homicide work undertaken We are not currently active abroad. as possible. This is to demonstrate us to reach the public, in other areas of social by these charities. my work and the issues on which I have also worked with organisations Events I am challenging agencies and our stakeholders and media because our limited supporting elderly victims, disabled Their commitment IT IS always an honour to be invited to visit government. the media. It allows us resources do not allow us victims, and a wide range of those and dedication to groups across the country and speak at The current website provides a to manage engagement have been personally victimised and their special events. It hasn’t been possible to communicate our the victims they are good basis for moving forward and on a wider range of sites. have either become charity workers supporting is truly for me to accept every invitation but I have under-going further development. messages quickly and themselves or who are powerful endeavoured to maintain a geographical We review this position inspirational clearly, utilising images, regularly and may extend spokespeople for better justice. spread. Often these events are a great opportunity graphics and video. our virtual presence in the future. to celebrate success and achievement, as It also allows us to well as to meet victims and survivors and direct tra’c back to our those who support them, so that I can better understand their lived experiences. These website where further VC Videos engagements help to shape my priorities, and information is available. I am able to feedback them back to Ministers I am keen to present my work and and service providers. messages in as many di™erent This year, I have been delighted by the mediums as possible, in order to number of kind invitations I have received. reach out to the widest range of However, I have been hindered in accepting Newsletter people. Throughout the year we as many of them as I would wish both by the have used short, relatable Twitter Now that we have a full “purdah” period around the general election videos, to explain my messages and by Covid lockdown. time Communications and reports concisely and clearly. Nevertheless, I was able to undertake a Manager in post, we These have been well received on wide range of visits and events encompassing plan to review whether social media. a wide range of issues affecting victims of to continue with the As we are keen to do more crime. videos we are looking into Looking forward, COVID19 presents a quarterly VC Newsletter. challenge for me and my team. I have no wish launching a YouTube channel to be socially distanced from victims and where all video output will be those practitioners who support them. We are hosted and available to be viewed. thinking carefully about how I will be able to

38 2019/20 Annual Report Victims’ Commissioner for England and Wales 39 The Power of My Voice - Speaking up for Victims 1:12

Victims’ Law needs to be Bold and Ambitious

“We’ll bring this (Domestic Abuse) Bill back as soon as possible… We must go further than legislation though which is why I want to double our funding for refuges and victim support services, pilot new domestic abuse courts to speed up cases and pass a Victims’ Law so that every victim in this country can get the support they are entitled to. We know that the court process can deepen the emotional trauma of those who have su ered abuse so we’ll improve the system and make it easier for victims to come forward” The Prime Minister, Grazia, December 2019 VC Dame Vera Baird meeting with Pakistani criminal justice leaders about supporting victims - Dec 2019

reach out to as many different organisations Manager. Much of the correspondence is Data Protection as possible in a virtual sense, so that I can from victims of crime who wish to share their Victim enquiries to the OVC are supported THE GOVERNMENT, elected in December Statutory rights are the essential precursor continue to seek their views and ideas. justice journey or who are seeking specific by current data protection guidelines and 2019, set out its vision for changing the Being a victim to changing the status of victims within our advice or those requesting that I press for a sharing personal data is subject to victims’ victim landscape. As well as its commitment of crime is a criminal justice system. They place a legal duty Individual Cases different outcome to their case. explicit consent. The website provides to continue with the Domestic Abuse Bill, its on criminal agencies to comply with them, Although I am prevented by law from taking We aim to comply with the Government details of the privacy notice. manifesto also included a commitment to: disempowering whereas at present, compliance with the up individual cases, I believe it’s a key part standard of responding to general victim “… pass and implement a Victims’ Law that experience. All too Victims’ Code of Practice entitlements seems of my role to meet victims, listen to their enquiries within 20 working days and letters Correspondence volumes guarantees victims’ rights and the level of to be at their discretion. concerns and, where possible, signpost them from MPs, on behalf of their constituents, and themes support they can expect.” often, it undermines Victims “rights” must be unconditional and to the agencies and organisations which within eight working days. The OVC general correspondence between I believe such a law is long overdue. If we not subject to the convenience of the agency might be able to help them. Responses reflect the fact that I am April 2019 and March 2020 peaked, as to use this opportunity wisely, it can transform a person’s sense of concerned. And a Victims’ Law must place Many victims understand that I cannot take precluded by statute from championing or be expected, at the same time as our reviews victims’ experience of the criminal justice wellbeing and their a statutory duty on those agencies to make up their cases, but they do want someone intervening directly in operational decisions in were published, as well as high profile media system, by making them active participants in victims aware of their entitlements at each step to listen. And if I am able to share these any individual case. It is important to note this, appearances relating to the Domestic the process. trust in others of their journey. experiences with service providers and policy as some victims who contact us want me to Abuse Bill. Being a victim of crime is a disempowering This is a good first step, but the Bill will makers, they can illustrate the issues I want to “direct” or campaign for a change in outcome, The overall total of victim correspondence experience. All too often, it undermines a need to go a lot further if it is to deliver the raise. In some cases, their views have directly for example, getting a charging decision or to the OVC from: April 2019 to March 2020 person’s sense of wellbeing and their trust in transformative change required. led to improvements in practice. release overturned, or by getting a different was 596, which is an average of 50 a month, others. We need a criminal justice system that In December I wrote to the Lord Chancellor I have a part-time Correspondence outcome to an application for compensation. up from 42 a month in the previous year. delivers justice, but in doing so, restores the setting out my proposals for inclusion into a victim’s faith in humanity by acknowledging Victims’ Law. they have been wronged, treating them with My proposals aim to give all victims a voice respect and where possible, giving them and make sure that those who are vulnerable, Domestic Child Fraud Sexual Stalking Murder Other Murdered ASB Key Anti-social CICA options for how they might engage with the and possibly traumatised by the crimes behavaviour general Abuse Sexual Assault Abroad Published general Abuse Published Review process. committed against them, receive the support Review To achieve this, we need a landmark piece they deserve. of legislation that is both bold and ambitious. For example, I want all vulnerable victims No. 108 75 52 39 39 38 25 15 84 17 65 I welcome the plans to introduce 12 core of serious violent and sexual offences to have rights from which entitlements will flow. access to their own independent advisor, who

40 2019/20 Annual Report Victims’ Commissioner for England and Wales 41 Victims’ Law needs to be Bold and Ambitious 1:13

Pre-charge Bail In February I responded to the Home Secretary’s review of pre-charge bail. I saw it as a Children under a timely opportunity to strike the right balance between fair treatment of suspects whilst set age who become safeguarding victims and giving them the confidence to report crime victims of crime should always be IN THE past fie years the proportion of police dates as a case management tool, not fundamental weakness needs to be addressed. investigations closed as a result of victims necessarily advancing an investigation until Many victims feel they are potentially oered access withdrawing their support has nearly trebled pressed to do so by the imminence of a return exposing themselves to further physical or to a registered and the percentage of cases resulting in a date. Today, in cases where police bail is not psychological harm by reporting a crime. charge has halved. The reasons behind falling used, there is no return date to operate as a When victims are contacted by the suspect intermediary to help public confidence are many and comple, but time check on the progress of a case, resulting or see them within an exclusion zone, despite them to give the best there can be little doubt changes to police bail in suspects being kept longer under suspicion. bail conditions forbidding this, they are I am calling on the in 2017 have played a part. I suspect there is little practical or emotional dismayed when there is no police response. It evidence they can government to use the Since the current police bail arrangements difference for the individual concerned undermines their sense of safety. It also has a Victims’ Law to extend came into force, the number of suspects between being kept on bail for a long time and wider detrimental impact in public confidence placed on police bail has fallen sharply; being kept under investigation for an equally in the justice system’s capacity to protect the statutory powers suspects of sexual and violent offences, long time or longer. people. can offer the guidance and emotional support mbudsman if they are dissatisfied of the Victims’ including domestic abuse are often being The steady increase in the length of police The time has come to make breaching a needed to move through the justice process with the outcomes of the complaints process. Commissioner. released without restrictions on where they investigations is particularly noticeable in no-contact bail condition or exclusion zone a and, who can help them start to re-build their At present, they can only take a complaint can go or who they can contact. This has made sexual assault cases. I believe the delays in criminal offence, that can result in a remand lives. to the PSHO through their local MP. In victims all the more reluctant to report crime conducting investigations has contributed in custody, a custodial sentence and a criminal These victim advisors need statutory practice, the PSHO only receives a handful These should include: as they fear they will be left unprotected. to the increase in victims withdrawing their record. This would send a clear message to recognition so that all parts of the justice of complaints each year, with the clear Indeed, it seemed as if, at least for a time, support for prosecutions. victims that the criminal justice system is there system, including the courts, recognise their implication that this route is little known police were behaving as though “bail has Leaving victims of sexual assault in limbo to protect them. It will make clear to suspects role. about and thus inaccessible. • Agencies having a statutory been abolished” save in the most exceptional for long periods of time can potentially that they cannot intimidate and undermine the I also want victims of rape and serious We also need to make sure the Victims’ duty to cooperate with the circumstances. Of course, I am aware this is re-traumatise them, making them feel justice process with impunity. sexual offences to have access to free legal Commissioner can provide a powerful voice Commissioner, including not the case, but it raises real issues about how abandoned by a system that apparently does Pre-charge bail should not be regarded advice and representation when confronted for victims and challenge those criminal the provision of data when the 2017 provisions were explained to police not care about them. as an administrative process, but as a with demands for extensive disclosure justice agencies who maybe letting them requested; officers and the wider public. I also called for a review of the effectiveness means of protecting victims and giving the of personal material or an application to down. I called for the presumption against of bail conditions. At present, they do not public confidence in our justice system. The question them on their previous sexual It is no coincidence the statutory • A statutory requirement pre-charge bail to be abolished. This, more afford the protection victims deserve and this government must act. history. provisions creating the role of the Victims’ for agencies to consider and than anything, has resulted in police officers Children under a set age who become Commissioner are in the same Act of respond to recommendations applying a much more rigorous threshold than The time has come to make breaching a victims of crime should always be offered Parliament as those creating the Victims’ made in Victims’ the one intended. no-contact bail condition or exclusion zone a access to a registered intermediary to help Code. Whilst the Code gives victims Commissioner reports, within a Instead, I want to send a clear message to them to give the best evidence they can. entitlements, the Commissioner is there to reasonable timeframe; victims of the worst sexual and violent crimes criminal oence, that can result in a remand The victims’ voice needs to be heard in all give them a voice and to police the operation that it is safe for them to come forward and in custody, a custodial sentence and a parts of the justice system. This Law is also of the Code on their behalf. In short, the • A requirement the report. Therefore, I called for a presumption an opportunity to give victims of mentally Code and the Commissioner are the two in favour of bail in all cases where the suspect Commissioner submits an criminal record disordered offenders the right to make victim sides of the same coin, intended to make is being accused of serious sexual or violent annual report on compliance personal statements and attend mental sure all victims are treated with decency and offences, and in all allegations of domestic with the Victims’ Code, which health review tribunals. It should also give respect. If the government wishes to deliver abuse. would go beyond simply victims of persistent anti-social behaviour transformational change to the victims’ This would provide greater clarity to police the right to attend Community Trigger experience of the justice system, it needs to reporting local compliance officers which, after the confusion of the resolution meetings to explain the impact of make sure they are active participants and data, and would monitor the past three years, is important. It also offers the behaviour. not powerless bystanders. The Victims’ Law is quality of interaction with enhanced protection to victims who fear And victims should be able to refer their the opportunity to achieve this, but it can only victims and victim satisfaction. physical or emotional detriment should the complaints directly to the Parliamentary do so if it is both bold and ambitious. suspect contact them. It appears police officers used bail return

42 2018/192019/20 Annual Report Victims’ Commissioner for England and Wales 43 1:14

Giving Victims a Voice they agree to do so. That is not justice. In its Final Report of the Review at Inquests of Legal Aid for Inquests, in February 2019, the Ministry of Justice said: Last year, I had the pleasure of meeting the Right Reverend James Jones KBE “ ...we have decided that we will (Bishop James) and his colleague Ken Sutton, who worked together on the report not be introducing non-means tested legal aid for inquests “Patronising Disposition of Unaccountable Power” where the state has represented. However, going forward we will be looking into further options for the funding of legal support at inquests where the state has state funded LAST YEAR, I had the pleasure someone dies in the custody have access to legal aid in many represented should be given representation. To do this we will of meeting the Right Reverend or care of public authorities, cases, and have no other means equal representation from public work closely with other Government James Jones KBE (Bishop or where a public authority is of representation unless they funds. Departments.” James) and his colleague Ken involved in the circumstances of can afford to pay privately. Bishop James wisely advises We anticipate the Government Sutton, who worked together the death, the bereaved families As taxpayers, of course, that public authorities should will formally respond to Bishop on the report “Patronising must have access to legal these families are helping to also be told to moderate their James’ report later this year. Disposition of Unaccountable support and representation at fund the public bodies who spending on legal advice and Therefore, now is the right time Power” the ensuing inquest. may be responsible for their representation which, particularly to make the case for change and The report highlights the Although inquests are loved ones’ death, yet they are in cases where a number of to help inform the Ministry of experiences of the families and inquisitorial and not adversarial being denied public funding for authorities are involved, can Justice’s exploration of options for how they were treated by the proceedings, nonetheless public representation for themselves. create a massive cost to the funding legal support for bereaved authorities. Their testimonies bodies instruct expensive legal I am in discussions with public purse. families. I will report back through are deeply moving and we must teams at public expense to Bishop James and the charity, It is iniquitous that of all social media and my website. make sure we learn the lessons defend themselves and their INQUEST. We intend to work interested parties to an inquest, We intend to explore all from that terrible and tragic reputations. hard to put an end to this the family of those who have options for funding this legal incident. Families, on the other hand, anomaly. died can be reduced to mere representation, including possibly For me, there are two key who have lost loved ones and Bereaved families involved bystanders, beholden to the a mechanism for requiring points. The first is that all public whose lives have been hugely in an inquest in which one or coroner to ask the questions they a levy on public authorities bodies should have a duty of changed by bereavement do not more public bodies are legally wish asked on their behalf, should in this position to fund legal candour. Helping the victims representation for bereaved and the bereaved to understand families at the same level and exactly what happened must “…the public body has a powerful voice in quality as their own. take precedence over any Sadly, whatever changes are ‘reputational damage’ suffered the arena whereas the bereaved, those who made, it will be too late for the by the organisation concerned. bereaved families of Hillsborough. I recognise this will require a have lost loved ones and whose lives have But if we can persuade the cultural change within many been changed forever, can feel like mere Government of the need to create public bodies. If necessary, it a leel playing field for ictims, might also take legislation to bystanders, sitting in the public gallery, just at least we will be certain in the make it a legally enforceable knowledge we are helping future requirement. watching what is happening.” victims to achieve justice for their VC Dame Vera Baird with t ev ames ones and en uon The second is that when loved ones.

44 2019/20 Annual Report Victims’ Commissioner for England and Wales 45 1:15 1:161:15

Office of the Victims’ Commissioner Double Jeopardy Budget Report

Sexual abuse of children can have a devastating aect for the rest of their lives. For many, getting justice for these terrible crimes, however delayed it might be, is so important Budget Out turn 19/20 total LAST JUNE, I wrote to the Lord The sexual offences listed other safeguards, such as the typical activity of a child abuser. Pay 512 439 Chancellor, requesting the in the schedule all carry a need for new and compelling Both the Lord Chancellor and Non-Pay 30 32 Government undertook a review maximum sentence of life. evidence and a public interest his predecessor, understandably, the statutory provisions for a re- Sexual assaults as alleged by test. expressed the need for caution. Non-Pay Breakdown trial following acquittal. the six complainants are not However, 16 years later, After careful consideration, I IT and Telecommunications 0 1 My enquiry was prompted included. we now have a much better was advised that my proposals by the case of six complainants I was a member of the Bill understanding of the terrible were rejected as the maximum Travel and Other 12 3 who claim to have been sexually Committee during the passage and long-term consequences sentences for the offences I was rinting, ostage and ffice penditure 6 3 abused by their football coach of the 2003 Act and supported of sexual offences committed suggesting were significantly Other Expenditure 12 25 when they were children, the ground-breaking provisions against children. Our approach below those currently listed in although he was subsequently allowing certain cases to be towards complaints and the schedule. Gross 542 471 acquitted. re-tried. I recognise the need complainants is very different, as I respect the decision and The legal representative for for care when looking to add is the way in which we conduct understand the concern fie of the si complainants was offences to the qualifying list. investigations and gather that such a move might set a Budget Out turn of the view that there is new It is right the list is limited to evidence. precedent to widen the scheme and compelling evidence in their the most serious of offences, I was careful not to suggest a further. Nevertheless, I was cases. However, the statutory coupled with significant increase in the disappointed. I am only too 17/18 total 496 475 provisions for a re-trial following number of aware the six complainants in the Pay 467 466 acquittal, set out in the Criminal offences, case that prompted me to call Non-Pay 29 9 Justice Act 2003, restrict scope but simply for the review have been unable for a re-trial to “serious cases” those to obtain justice and closure and Non-Pay Breakdown and these are listed in a schedule focussed I suspect there are others in a IT and Telecommunications 7 3 of the Act. on the similar situation. Travel and Other 14 6 Printing, Postage and Other 2 0 Other Expenditure 6 0

We now have a much better understanding of the terrible and long-term consequences of sexual oences committed against children

46 2019/20 Annual Report Victims’ Commissioner for England and Wales 47 1:17

Looking Ahead

Victims’ Our work plans include: Commissioner’s plans • Commission and publish a literature • Identify the needs of those victims affected review on special measures available to by “hidden harms” during lockdown and as a vulnerable and intimidated victims and result of social distancing and work with the for 2020/21 witnesses to help them to give best evidence. Domestic Abuse Commissioner and others to highlight them 2020/21 promises to be an exciting and challenging year • Report on the provision and use of remote evidence centres to help victims and • Carry out a deep dive review of the and my team and I have a packed agenda witnesses to give their evidence. experience of fraud as a crime and the pathways of support for victims • Undertake a deep-dive review on the • Work with the government and CICA to availability, use and impact of special bring about improvements in the delivery of • Analyse and present data from CSEW measures for vulnerable and intimidated criminal injuries compensation and to seek (which has been unpublished until now) on victims and witnesses. changes to the regulations which will deliver victims’ experience of support services a fairer service. • Work with the Mental Health Review • Respond to the government consultations Our first priority is to make Tribunal, MoJ and other key stakeholders to • Work with the police and other on the new Victims’ Code of Practice and deliver equal treatment of victims within the stakeholders to deliver improvements to Victims Law, ensuring the victims’ voice is the adjustment to living in mental health review process. the delivery of offers for victims to make a being heard and work with key stakeholders Victim Personal Statement. to submit feasible proposals for the Bill. a world of social distancing. • Working with other key stakeholders to We need to make sure we press for legal representation at inquests for • Work with the Parole Board to monitor • Seek opportunities to feed into the victims in large-scale incidents the recent changes to the parole process government’s comprehensive spending continue to hear directly and to consider the extent to which they review to make the case for additional • Liaise with HMPPS to monitor the have delivered improvements for victims. funding for victim support services. from victims and the outcomes of pilots in co-working of Victim Contact Scheme (VCS) staff and victim • Carry out a short review of the training, • eet with ome ffice and organisations supporting support services and to improve the co-ordination and operation of Independent Ministers to discuss proposals to enhance them. Inevitably, this will information made available to victims in the Sexual Violence Advisors across support for victims of Anti-Social Behaviour. VCS. England and Wales, to inform the future mean virtual contact for development of this important service • Meet with policymakers, LGA and third • Work with all key stakeholders to develop sector groups to make the case for change. the time being and we are proportionate and reasonable processes for • Feed into cross-government work on Press for changes to the community trigger seeking digital download of victim personal supporting victims throughout lockdown which will give victims a voice at the table developing creative ways of data in response to reporting sexual offences and the recovery period and to ensure the and the means to effect change. making this happen. victims’ voice is being heard. • Carry out a survey/request for • ngage with ictims of specific crimes information with rape survivors on their • Feed into the recovery of the courts after and record their experiences and experiences within the CJS to help inform lockdown and work to clear the backlog assessment of support provided to them, work on increasing rape prosecutions of cases, to ensure the victims’ voice is ensuring all victims consulted are diverse and convictions. being heard. and broadly representative.

48 2019/20 Annual Report Victims’ Commissioner for England and Wales 49 1:181:131:21

working to end all forms of violence against leads the charity’s engagement within she became a partner at the law firm Members of the Victims’Commissioner’s women and girls. The EVAW Coalition government and parliament and regularly Mishcon de Reya, where she established and lobbies national and local government represents Women’s Aid in broadcast media. led their white-collar crime group. In 2018 to improve its policy and practice in she returned to self-employed practice at 2 these areas and to prevent abuse from Julian Hendy Julian Hare Court where she specialises in criminal Advisory Group happening in the first place. It successfully is an award-winning law and associated regulatory work, both lobbied for the ome ffice to draw documentary filmmaker prosecuting and defending serious crime. She up and implement its Violence Against and investigative is a Recorder (part-time judge) sitting in both omen and irls trategy and significantly journalist. He is the civil and criminal law, and holds Old Bailey 2019/20 drove the campaign for compulsory founder of the Hundred and Serious Sexual Offences tickets. She is Relationships and Sex Education (to help Families charity, which a Master of the Bench of the Inner Temple prevent abuse in the long term). The supports and advocates for families across where she has chaired their Education and Coalition is currently campaigning to raise the UK bereaved by homicides by people Training Committee for the past four years. Jon Collins Jon is the development of the UK Victim Strategy and Since 2014, Mark has been deeply involved awareness of the multiple risks to women with mental illness. Hundred Families works She is a Trustee of the Kalisher Trust and the Chief Executive of the Cross-Government position statement on in negotiations with the United Kingdom and girls throughout the Covid19 crisis, with the NHS, Ministry of Justice, and Royal United Services Institute (RUSI). Magistrates’ Association, male victims of VAWG crimes. Duncan is co- Government (and the senior Judiciary) over and for systemic improvements in the others to prevent further tragedies, and an independent charity founder of The Male Survivors Partnership, the national court reform programme and criminal justice system’s response to rape. provides evidence and training to promote Sophie Linden Sophie is and the membership Men and Boys Coalition and a trustee of Sick the provision of legal aid. lasting improvements in services. London’s Deputy Mayor body for magistrates. Festival an arts organisation and bi-annual Diana Fawcett Diana for Policing and Crime. With 14,000 members arts festival. Professor Aisha K. is Chief Executive of Lucy Jaffé Lucy has been She was a special advisor across England and Wales, the Magistrates’ Gill, Ph.D. CBE Aisha is Victim Support. Before Director of Why me? to David Blunkett in the Association is a unique source of insight and Kim Doyle Kim is the Professor of Criminology joining Victim Support, since 2017, the charity Department for Education information about the role, the courts and Joint Chief Executive of at the University of Diana was Director of established by a victim and Employment from the broader justice system. Jon joined the LimeCulture Community Roehampton. Her main Operations at Shelter of crime to increase 1997-2001 before moving to the Home Magistrates’ Association in August 2017, Interest Company, a areas of interest and for seven years where access to restorative ffice to work with the police in tackling having previously been chief executive of national sexual violence research focus on health she was responsible for all the charity’s justice for all victims crime and anti-social behaviour as a special the Restorative Justice Council. Prior to organisation based in and criminal justice responses to violence advice and support services. She has also of crime. Since her involvement Why me? adisor until . hile at the ome ffice that, Jon was deputy director of the Police the UK. For the last 30 against black, minority ethnic and refugee worked for four London boroughs and has expanded its focus from campaigning she worked with the Home Secretary and Foundation, an independent policing think years she has worked etensiely in the field women in the UK, Iraqi Kurdistan, India, three housing associations. She has been and communications to include service ministers on policy development and strategy tank, and he has previously worked at the of sexual violence and child protection. Kim and Pakistan. She has been involved in Chair of Trustees of a charity in south delivery. She has supported the Victims’ including: police reform, crime and antisocial Criminal Justice Alliance, at the Fawcett ualified as a barrister and joined the rown addressing the problem of violence against London providing advice and support to Commissioner as a member of the advisory behavior reduction; neighbourhood policing; Society and at Nacro, the crime reduction Prosecution Service in the UK in 1986. women and girls, ‘honour’ crimes and forced refugees and migrants since 2013. She is group since August 2017. She is Vice-Chair and reducing the harm caused by illegal charity. Jon is also a member of the London Since 1995 Kim has worked closely with the marriage at the grassroots and activist level a non-judicial member of the Sentencing of the Criminal Justice Alliance, contributing drugs. From 2006 Sophie was a councillor Victims’ Board and a governor of a London police, health, lawyers and other third sector for the past 20 years. Her current research ouncil with specific responsibility for experience and insights into victim policy. at Hackney Council until her appointment primary school. agencies working to improve the standard and activism is focused on crimes related promoting the welfare of victims of crime. Lucy previously ran her own marketing by the Mayor of London, as well as Deputy of rape and child abuse investigations to the murder of women/femicide, ‘honour’ and communications consultancy. She was Mayor of Hackney Council from 2011. Duncan Craig OBE and prosecutions across the UK and killings, coercion and forced marriage, child Lucy Hadley a founder and National Coordinator of Sophie also led the council to achieving Duncan is the founder internationally. sexual exploitation and sexual abuse in South Lucy is Campaigns Reunite, the National Council for Abducted excellent on the Equality Framework for Local and Chief Executive of Asian/Kurdish and Somali communities, and Policy Manager Children, and was a trustee of the Women’s Government. Sophie is a former member of Survivors Manchester, Mark Fenhalls QC Mark female genital mutilation, sex selective at Women’s Aid, Resource Centre for six years. the Local Government Association (LGA) a ground-breaking regularly appears in the abortions, intersectionality and women who the national charity Safer Communities Board, a peer reviewer VCSE organisation most serious and complex kill. She is editorial member of the Feminist working to end Alison Levitt QC for the LGA on community safety and a providing therapeutic of criminal cases, ranging Review Collective and the British Journal of domestic abuse Alison is a barrister. In member of the Her Majesty’s Inspectorate and advocacy support to more than 900 from large-scale fraud Criminology. In 2019, she was appointed Co- against women and children. She leads 2009, following a long of Constabulary advisory board on PEEL male survivors of sexual violation across and corruption cases Chair of the End Violence Against Women the charity’s policy development and period in self-employed inspections. Greater Manchester each year. As a survivor to murder. He is ranked Coalition (EVAW). national campaigns - including the SOS: practice in chambers, she of childhood sexual abuse and later, sexual as a leader of the Bar in both Legal 500 Save Refuges Save Lives campaign that became Principal Legal David Lloyd David exploitation, Duncan has both personal and and Chambers & Partners. Mark took silk Sarah Green Sarah is has secured Government commitment to Advisor to the Director has been Police and professional experience and knowledge of in 2014. He was Chair of the Criminal Bar Director of the End a long-term funding solution for refuge of Public Prosecutions, where she dealt with Crime Commissioner male sexual violation, leading him to work Association (2015-16) and Chair of the Fraud Violence Against Women services, the Child First: Safe Child Contact some of the most highprofile and important for Hertfordshire since with Government, NHS England, the Crown Lawyers Association (2017-19). He is the Coalition, a UK-wide Saves Lives campaign for safety in the cases of the time, including drafting her 2012. His focus has Prosecution Service, various police forces current Leader of the South Eastern Circuit, coalition of around 80 family courts, and work to influence the well-received report into the lessons to been on delivering and is proud to have been involved in the one of the six Circuits of England and Wales. women’s organisations landmark new Domestic Abuse Bill. Lucy be learned from the Jimmy Savile case. In effectie and efficient

50 2019/20 Annual Report Victims’ Commissioner for England and Wales 51 Advisory Group 2019/20 1:18

policing, supporting victims, promoting ROW Advisory Board, the Law Society an evaluation of the Domestic Abuse Matters solicitors, police and medical practitioners Dame Sara Thornton campaign for change in stalking laws and partnership working and delivering on the Access to Justice Committee and the training with Hampshire Constabulary and has lectured on “vulnerable witnesses” DBE QPM Dame Sara is spearheaded the Victims’ Law campaign. In public’s priorities. David is recognised for his National Resolution, and a member of the and is currently collaborating on a three- in Trier, Edinburgh, Belfast, Jersey and at the the Independent Anti- her current role, Claire aims to transform the pioneering work in developing and improving joint working party with TLS and the MOJ year project with the Research Centre in International Criminal Court. In 2018-19 Slavery Commissioner Criminal Justice Service to ensure victims support services for victims of crime. The working group on legal aid and victims of DA. Victimology at Algonquin College, Canada, he chaired a working party on behalf of the responsible for and survivors easier access to a timely, Beacon Victim Service, which he launched, focusing on Victim Service Providers and legal charity Justice looking at alleviating encouraging good effective, transparent and trauma-informed has received national recognition for its Ruth Parker Ruth was Vicarious Resilience. the problems caused by the huge rise in the practice in the prevention justice journey. From whether they choose to innovation in areas such as the development appointed as Chief number of sexual offences prosecutions. and detection of modern slavery and the report the offence all the way through to post of the Vulnerable Victim Case Manager role. Executive of Victims Pragna Patel Pragna is identification of ictims. he was the first sentence, Claire’s mantra is that all victims David has been a strong campaigner for First Northumbria (VFN) a founding member of Gabrielle Shaw Chair of the National Police Chiefs’ Council and survivors of crime, no matter their status reform of the wider criminal justice system. in June 2016. Prior to Southall Black Sisters’ Gabrielle has led the (from 2015 to 2019). Dame Sara joined the or experience, should be able to engage with He now chairs the Hertfordshire Criminal her appointment, she (SBS) advocacy and National Association Metropolitan Police Service in 1986 and in services to help them cope and recover. Justice Board and is using that position spent more than 20 campaigning centre for People Abused in 2000 became Assistant Chief Constable Claire works alongside victims and survivors, to encourage collaboration and develop a years working for Her Majesty’s Court for black and minority Childhood (NAPAC) as for Thames Valley Police. Following four amplifying their voices and promoting their change programme. At national level, David Service where she had a passion for the care women. She worked as a Chief Executive since years as Deputy Chief Constable she was interests with criminal justice partners, to is a leading member of the Association of offered to victims of crime and those giving co-ordinator and senior case worker for SBS April 2015. NAPAC is appointed Chief Constable in 2007. During ensure that they are heard and that lessons Police and Crime Commissioners and has evidence in court. This was recognised when from 1982 to 1993 when she left to train and the UK’s leading national charity offering this time she was the national lead on are learnt to inform and shape practices, served as a board member and chairman. He she opened the first dedicated ictim and practice as a solicitor. In 2009 she returned support to adult survivors of all types of intelligence, Vice-Chair of the Association policies and service provision. is a member of the National Criminal Justice witness suite in the country. Ruth is proud to SBS as its Director. She has 38 years of childhood abuse, including physical, sexual of hief olice fficers Terrorism Board and a member, and past chair, of the to have led the VFN team in being awarded eperience working in the field of gender and emotional abuse and neglect. Gabrielle is and Allied Matters, Director of the Police Sir Thomas Winsor Police Reform and Transformation Board. the Restorative Services Quality Mark and related violence and associated issues and a senior INGO executive with over 13 years’ National Assessment Centre and ACPO In October 2012, Sir Runners Up in the category Outstanding has been centrally involved in some of SBS’ leadership, policy and strategic decision- Vice-President. Dame Sara is Chair of the Thomas was appointed Cris McCurley Cris is Organisation of the Year. most important cases and campaigns. SBS has making achievements across charity, National Leadership Centre’s Advisory Board, as Her Majesty’s head of International brought about significant changes in law and government and statutory sectors, including a member of the Royal College of Defence Chief Inspector of Family Law and a Partner Dr Jacki Tapley Jacki policy in areas such as domestic abuse, forced heading up the external affairs work of the Studies, the Advisory Board for the Oxford Constabulary. He is the of Ben Hoare Bell LLP is a Principal Lecturer marriage, honour-based violence, immigration global charity World Animal Protection to University Centre for Criminology and a first holder of that office (Solicitors). She has in Victimology and and religious fundamentalism enabling strengthen its campaigning on issues such as trustee and board member of the Police to come from a non-policing background. specialist knowledge Criminology at the countless BME women to access protection disease control and negotiations on SDGs; Foundation. Dame Sara was awarded the In uly , he was appointed as the first of domestic violence, Institute of Criminal and justice. She has also written extensively and leading on international relations and Queen’s Police Medal in 2006 and made ever Her Majesty’s Chief Inspector of Fire honour-based violence, forced marriage, Justice Studies (ICJS), on race, gender and religion. external affairs for CEOP. a Commander of the Order of the British & Rescue Services. Sir Thomas graduated abduction, trafficking and st century University of Portsmouth. Empire in 2011. She was made a Dame from the University of Edinburgh in 1979 slavery. She has regularly contributed to Prior to joining ICJS in 2000, Jacki worked as HH Peter Rook QC Dr Olivia Smith Commander of the Order of the British and is a lawyer, admitted to practice in Government consultations and inquiries. a robation fficer in orset. er teaching Peter is the current Vice Olivia is a Lecturer in Empire in 2019. She has also been recognised both Scotland and England and Wales. In She is a higher rights advocate. Cris has and research focuses on victims of crime, Chair of the Parole Board, Criminology and Social with a Career Achievement Award from private practice, he specialised in complex developed partnership working with the victimology, and professional culture and having been appointed Policy at Loughborough the Police Training Authority Trustees, and commercial projects, finance, public law and BAME women’s domestic violence network practices in criminal justice. Jacki is the in February 2020. Called University and sits the Sir Robert Peel Medal for Outstanding the design and operation of economic and and the North East Women’s Network. She course leader for the MSc Victimology to the Bar in 1973, he on the co-ordination Leadership in Evidence-Based Policing. safety regulatory systems for essential public has worked with these networks on CEDAW, and a postgraduate short course ‘Working specialised in criminal law group for the British services such as energy, water and transport. BME women’s’ rights and access to justice, with Victims of Crime: Theory, Policy and and became a QC in 1991 and a Bencher of Society of Criminology Victims’ Network. Claire Waxman In June Between 1999 and 2004, Sir Thomas was authoring the protocol, 26 weeks: a fair Professional Practice.’ Her specialist areas Gray’s Inn in 2000. He was Chairman of the She has more than 10 years’ experience in 2017 Claire Waxman was the Rail Regulator and International Rail hearing for BME families, and the HMCTS/ include victims of sexual violence, domestic Criminal Bar Association 2002-3 and head of researching gender-based violence, with appointed by Mayor of Regulator, the economic regulatory authority MOJ publication, Forced marriage Courts, abuse and fraud, the role of victims in the chambers 18 Red Lion Court 2002-5 when he her recent book Rape Trials in England and London, Sadiq Khan, to be for the railways in Great Britain. Between a users’ guide. She is Law Society delegate/ criminal justice system, victims’ experiences, was appointed a Senior Circuit Judge. He sat ales representing the first eploratory ondons first Independent October 2010 and March 2012, Sir Thomas Shadow report writer to the UN/CEDAW and the implementation of policies and as a judge at the Old Bailey for 12 years and observation study of court responses to Victims’ Commissioner. carried out a review of the pay and conditions enquiry, giving evidence about access to legislation. She works closely with the police retired in 2017. He has also sat in the Court of sexual violence since Sue Lees’ foundational Claire brings a wealth of serice of police officers and police staff justice and legal aid for victims of violence. and the Crown Prosecution Service, and is Appeal for a few weeks each year from 2008 work in the 1990s. Olivia’s other research of personal insight and expertise to the role in England and Wales. The review was She is an SRA accredited trainer in child the Independent Facilitator for the Wessex until 2016. He’s co-author of a legal textbook includes a number of evaluations of support having been the victim of a sustained stalking carried out at the request of the Home abduction and all forms of VAWG and a CPS VAWG Scrutiny Panel and a member of ‘Rook and Ward’ on ‘Sexual Offences: Law interventions, interviews with support campaign, during which time she founded a Secretary and was the most comprehensive member of a number of specialist advisory the Hampshire Victim and Witness Working and Practice’. 2006-10 he ran a course for workers about the Criminal Injuries campaign group which successfully fought for for more than 30 years. Legislation to groups and professional panels including Group. She is a trustee for Aurora New the Judicial Studies Board to train judges Compensation Scheme, focus groups with improved legislation and support for victims implement a significant proportion of ir the Children Panel and International Child Dawn, a domestic abuse, sexual violence and authorised to try sexual offences. He lectures disabled people about reporting hate crime, and survivors. As a prominent champion Thomas’s recommendations was passed in Abduction Panel. She is a member of the stalking charity. She has recently undertaken on sexual offences to judges, barristers, and public attitude surveys on justice policies. for victims’ rights Claire led a successful March 2014.

52 2019/20 Annual Report Victims’ Commissioner for England and Wales 53 2019/20 Annual Report

Dame Vera Baird QC Victims’ Commissioner for England and Wales

CCS0620755248 978-1-5286-2015-4