PARLIAMENTARY DEBATE
Victims of Domestic Violence: Court Proceedings - 26 March 2024 (Commons/Commons Chamber)

The Domestic Abuse Act 2021 was transformative with the protections it gave to domestic abuse victims through the justice system. To give just a few examples, up-front legal aid is available to all domestic abuse victims seeking a protective order, without having to establish evidence of abuse. Our upcoming legal aid means test review will significantly increase eligibility and exclude disputed assets, such as the marital home, from consideration. Perpetrators are prohibited from cross-examining their victims, and victims are entitled to the support of an independent domestic violence adviser throughout the process.

My office has recently assisted with several cases regarding the use of court proceedings involving victims of domestic abuse. In many cases, family issues are going straight to trial without any mediation, which causes far more trauma for all parties concerned. Can the Minister assure me that we will always place the victim at the forefront of court proceedings in these circumstances?

It is specifically to address that issue that we commissioned our harms panel, which conducted excellent work, as a result of which the Ministry of Justice has conducted a pilot of pathfinder courts in Dorset and north Wales focused on preventing exactly this issue. Those courts have focused on creating a less adversarial system where domestic abuse allegations are investigated and resolved at an early stage without being intensified through the court. My hon. Friend will be glad to hear that so successful has the pilot been that it will now be rolled out on a national basis, starting next month with courts in south-east Wales and in Birmingham.

In 2023, 67,938 rapes were recorded by the police, but there were just 2,008 rape convictions. It is well documented that there is not enough support for rape victims through the court process. The use of counselling notes has a chilling effect, and the long waits for their case to go to trial have an intense impact on survivors, often causing them to withdraw. What will the Minister do to ensure that victims and survivors are supported throughout the court process?

It is not in dispute that rape is the most serious offence a person can experience that is not homicide. It is as a result of the implementation of the end-to-end rape review that we started Operation Soteria through the police forces. That has not just improved rape prosecutions; some forces are referring quadruple the volume of cases to the Crown Prosecution Service that they were once before, and overall prosecutions have more than doubled. We have close to 1,000 independent sexual violence advisers working in the system, holding a victim’s hand from the minute they go to the police to the conclusion of the process. I met some in Hatfield last month, who told me that victims had told them they had only stayed in the process because of that support. It is night and day from where it was in 2010. We review the outcome of the rape review every quarter, and the curve is going upwards, so of course it is a crucial issue, but one on which significant improvement is being made on every single matrix.

Domestic abuse has no place in modern society or any society. What work is happening to ensure that victims of domestic abuse are supported throughout the entire process? We have a fantastic organisation in Watford called Watford Women’s Centre, which helps many abuse victims, but what are the Government doing to ensure that victims are supported throughout and that the perpetrators are taken to court and justice is served?

I thank my hon. Friend for his excellent question. I give him a similar answer to the one I gave the hon. Member for Rotherham (Sarah Champion). One thing that has been transformative in victim support is the provision of not just independent sexual violence advisers, but independent domestic abuse advisers. Again, there are nearly 1,000 advisers in the system helping victims every step of the way. One thing that I am most excited about in this challenging area of the law is the pilot launching next month for domestic abuse protection orders, which will give police or victims the ability to go to the magistrates court or the family court to seek a blend of measures, whether that is a non-molestation order, an occupation order or a stalking protection order, and create positive obligations on the perpetrator, whether that is on alcohol abuse or through the perpetrator programme. There is a comprehensive package of support for domestic abuse victims.

I reassure the hon. Lady that the Courts Minister has said that he will meet her to discuss the matter. She will know that the cost of transcription for a full trial can be as high as £20,000, but the power and impact of any trial, where there has been a conviction, is in the judge’s sentencing remarks at the end, in seeing everything, and society’s opprobrium is expressed through the voice of the judge. That is why we are conducting a pilot for free sentencing remarks in all those cases.