Over the last few weeks, a draft Victims Bill and a Victims Funding Strategy have been published. These address the findings of a government consultation that took place earlier this year, and set out the government’s long-term priorities for victims.
The draft bill contains the following legislative measures relevant to magistrates:
- Placing the overarching principles of the Victims’ Code, such as the right to make a victim impact statement, in primary legislation.
- Strengthening local oversight of delivery of the Victims’ Code through an enhanced role for Police and Crime Commissioners (PCCs).
- Introducing a duty on PCCs, local authorities and integrated care boards to collaborate locally to better coordinate victim support services.
- Updating the role of the Victims’ Commissioner, including an obligation for departments and agencies with a responsibility to meet the requirements under the Victims’ Code to respond to relevant annual report recommendations.
- Bolstering national oversight through a requirement for regular joint thematic inspections on victims’ experiences.
The new funding strategy outlines the government’s vision for how victim support services can be better funded and commissioned. It comprises three key strands:
- More strategic funding of the victims’ support sector: Funding processes will be simplified, and services will begin to be funded on a multi-year basis to make these services sustainable.
- Removing barriers to access: National commissioning standards will be developed to ensure that there is a baseline quality of support in services provided for all victims. This will support the new statutory duty the bill creates for local bodies to work together to commission victim services.
- Implementing clear and consistent outcomes: Standard core metrics for all commissioners and services will be introduced, with set outcomes against which a commissioned victim service should deliver.
In addition, the government’s consultation response highlights that the following changes, relevant to magistrates, will be made via policy and guidance—rather than legislative amends:
- A 20 percent increase in the victim surcharge. The Ministry of Justice estimates that this will increase contributions by up to £20 million per year by 2024/25.
- Resolute work with inspectorates to enhance their oversight of victims’ experiences and use ratings to improve performance. This will include more regular inspections of victims’ issues and experiences.
- The introduction of a duty in the Victims’ Code requiring the Crown Prosecution Service to meet with victims in certain cases before a hearing takes place.
- The inclusion information about community impact statements in the Victims’ Code to promote their use in appropriate cases.
Excluding the victim surcharge, these recent announcements reflect the Magistrates’ Association’s consultation response, which emphasised:
- the importance of community and victim impact statements in helping victims speak about their experiences
- the urgency of taking steps to reduce criminal justice delays
- disagreement with the proposed increase to the victim surcharge.
