Victims and Courts Bill
Official Summary
A Bill to Make provision about the experience of victims within the criminal justice system; about the functions of the Commissioner for Victims and Witnesses; and about procedure and the administration of criminal justice.
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Overview
The Victims and Courts Bill aims to improve the experience of victims within the criminal justice system, enhance the powers of the Victims’ Commissioner, and modify criminal justice procedures and administration.
Description
This bill makes several key changes:
Compelling Offender Attendance at Sentencing
The bill introduces powers to compel convicted offenders to attend their sentencing hearings, even if they refuse. This applies to both standard courts and courts martial. Failure to comply without reasonable excuse constitutes contempt of court, potentially leading to additional prison sanctions.
Restricting Parental Responsibility for Sex Offenders
The bill mandates that the Crown Court issue a "prohibited steps order" against individuals receiving a 4-year or longer sentence (or a life sentence) for serious sexual offences against a child they have parental responsibility for. This order prevents the offender from taking any parental steps without High Court or family court consent.
Victims' Rights
The bill expands victims' rights, enabling them to make representations and receive information regarding offenders, particularly concerning release or supervision.
Victims' Commissioner's Powers
The Victims' Commissioner’s power is extended to act on individual cases that raise significant public policy issues relevant to other victims. A duty to cooperate with the Commissioner is also placed on local authorities and social housing providers regarding anti-social behaviour cases.
Crown Prosecutor Appointments
Changes to the appointment process of Crown Prosecutors are included, clarifying their roles and removing previous qualification requirements.
Private Prosecutions Costs
Regulations will govern the payment of costs for successful private prosecutions from central funds.
Sentencing Reviews
Time limits for applying to review sentences are modified, providing more flexibility in certain circumstances.
Summary Conviction Sentences
The maximum prison sentence for specific offences under summary conviction in magistrates' courts will be changed from 6 months to the general limit allowed by the magistrates' court.
Government Spending
The bill does not specify direct figures for increased or decreased government spending. However, the provisions related to private prosecutions and potentially increased support for victims could lead to increased spending in relevant areas. The exact financial implications will depend on the implementation of the bill and subsequent regulations.
Groups Affected
- Victims of crime: Potentially experience improved access to information and increased influence in the criminal justice process.
- Offenders: May face compulsory attendance at sentencing and potential additional sanctions for non-compliance.
- Children of serious sex offenders: May be protected by the removal of parental rights from convicted offenders.
- Crown Prosecutors: Will be affected by changes to appointment processes.
- Private Prosecutors: Will experience changed procedures regarding cost recovery for successful prosecutions.
- Local authorities and social housing providers: Are given a new duty to cooperate with the Victims' Commissioner on cases involving anti-social behaviour.
- The Victims’ Commissioner: Will see their powers expanded.
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