More help for the Victims of Abuse when going to Court says the Department of Justice

Justice Secretary Chris Grayling

Justice Secretary Chris Grayling has announced government plans to introduce new laws aimed to protect the rights of victims in England and Wales.

With the right of victims of crime to directly confront their offenders in court to be enshrined in law, the Government’s commitment to victims will also include:

1. Establishing a new nationwide Victims’ Information Service by March 2015, and developing this into a comprehensive service that allows victims to access the information and support they need.
2. Strengthening the protection for vulnerable victims by making the experience of going to court a better one.
3. Increasing transparency and accountability, to ensure criminal justice agencies are held to account for the services they provide to victims.
4. Introducing a Victims’ Law to guarantee key entitlements for victims.
5. Lawyers involved in any sexual offence case will have to undergo specialist training, especially if the trial involves the cross-examination of a child.
6. Developing plans for paying compensation to victims up front.

On announcement of the new plans, Justice Secretary Chris Grayling said:

“This Government has already significantly improved services and support for victims, investing more than ever in the help they are offered, but we are also the first to acknowledge that more can, and should, be done. Our criminal justice system can be daunting, and victims, especially the most vulnerable, can find it traumatic and difficult to know where to turn to for advice and support. For the first time we will create a system that puts the highest emphasis on victims’ needs and sets out their rights clearly in legislation.”

Shadow justice secretary Sadiq Khan MP said: “This announcement looks like it’s been cobbled together on the back of an envelope, in the dying months of government.”

Mark Castle, chief executive of Victim Support, has welcomed the suggestion that more effort would be made to help vulnerable witnesses give evidence without having to be in the courtroom. He said “Children and other vulnerable victims and witnesses should not have to face the trauma of giving evidence in a court building unless they choose to. Our witness service teams, who work behind the scenes in court, see every day just how distressing it can be for them, especially if they are the victim of a violent or sexual crime.”

Victims’ Commissioner Baroness Newlove has welcomed the plans but has questioned how they would differ in practice from the existing victim’s code. “A new law cannot be used as a quick fix,” she said. “Recently, we’ve seen how the abuse of victims in Rotherham was covered up, I’d like to know how a victims’ law would put a stop to this dismissive, ignorant and collusive behaviour.” She went on to say that she would like to see the government going further by introducing a victim care manager, to avoid victims being pushed from ‘stranger to stranger’ to find out what is happening to them.

What do I think?

1.  Obviously, anything to help the victims of abuse through the Court Process has to be applauded. There are already schemes in different parts of the country but quality of service tends to vary from area to area.
2. Many abuse support groups with years of experience already exist throughout the country. They could easily fulfill the need to support victims through a criminal trial. Many of them are much in need of funds.
3. Why train a whole new army of victim supporters at a large cost when one could engage with existing groups to provide the service with much more experience on how to engage with the victims of abuse.
4. Will the victims be referred to specialist lawyers? Victims often have the right to make a civil  claim against not only the abuser, but also his/her employers, or those in charge of him/her, or even Local Authorities if they owed the victim a duty of care. There does not seem to be any recognition of such possibilities. Often, the only thought is the perpetrator, who may be without funds, particularly if he/she has had to spend large amounts of money on legal fees.
5. The CICA (Criminal Injuries Compensation Authority) is positively biased against using lawyers to assist victims and angled towards people dealing with their own cases. The victims of abuse are vulnerable and in need to special help.At one time APIL (Association of Personal Injury Lawyers) tried to engage with them because of the seeming bias. It was suspected that Lawywers were being discouraged because they were responsible for driving up the level of awards. The rule has now changed such that until the CICA will even communicate with lawyers, the victim has to sign a form of authority unlike any other type of claim, where it is accepted that if a lawyer says he is acting for a client further correspondence starts without needing a form of authority.
6. How will this new scheme affect the CICA system of compensating the victims of crime? Presumably it is an alternative but quicker scheme? Why duplicate? Would it not be better to invest more funds into the CICA which now has a considerable backlog due to austerity cutbacks to staff and administration.

If you have been affected in any way by abuse and you would like legal advice on any aspect, then please get in touch with us at via the Abuselaw Website by following the link.

Was Rolf Harris Mr Jekyl or Mr Hyde?

Rolf Harris when arrested.

Today has been so hectic ever since the jury returned guilty verdicts on all 12 counts and convicted Rolf Harris of abuse of 4 girls. I have discussed the story on Radio 5 Live, then BBC News 24, Radio Wales, and Radio London, followed tomorrow by a clip for Breakfast tomorrow.

The theme remains the same - Harris was a Jekyl and Hyde character who fooled everyone. Savile was the same, but perhaps not as genial. Some said Savile was a frightening individual who you didn't cross, not only because he had been an all in wrestler in contrast to Harris whose hobby was less physical in the form of art.

The likenesses and differences are:-

Likenesses

• They both did endless work for charity.
• They both worked with children.
• They both entertained children.
• They both used their media profile to hoodwink victims into a state of trust.
• They both had connections with many individuals very high up in Society - Savile with Margaret Thatcher, and Harris painted the Queen.
• They both worked in the field of popular music which inevitably brought about meetings with adoring fans including children.
• Neither was discovered until in their 80's, Savile obviously after death.

Differences

• Savile is dead - obviously thus making it easier to report what happened without fear of a libel suit.
• Savile used his connections with those in authority to shield himself from action by victims eg. Leeds Police, and threats of action by using his "mates" in authority.
• Savile appears to have liked all types of victims including
• Boys
• Girls
• The disabled
• Hospital Patients
• Dead Bodies (yes believe it or not he was seen to visit the mortuaries in various hospitals including Leeds and Haute de la Garenne in Jersey)
• Harris on the other hand only appears to have had an interest in the female sex according to the media stories.
• Savile was feared in his lifetime, and known to be an "odd" character who never married, whereas Harris appears to have lived a "normal" family life.

So what will the sentence be on Friday - not as long as the victims want, I predict. The judge will be hampered again by the law which puts a cap on sentences which relate to offences taking place a long time ago when the punishment was different, on the basis that if Harris had been prosecuted at the time of the offences, the sentence would have been more lenient.