Part of Domestic Abuse Bill – in a Public Bill Committee am 2:00 pm ar 11 Mehefin 2020.
I will speak to new clause 45, which has been grouped with the amendment. I support everything the hon. Lady has just said. I will not repeat much of what she has said about the number of victims who find they cannot actually access any of the facilities that are said to be available in the family courts. In one recent case—I will not cite the case here, but I have the details in front of me—the victim was denied special measures, even though the perpetrator had been arrested for battery, coercive control and sexual assault by penetration. The victim was also living in a refuge. However, she was denied special measures in the family court.
There is not only an absence of legislative guidance. It is clear, as some of the reports the hon. Lady referred to show, that facilities such as video and audio link are not as readily available as they are in the criminal courts. I absolutely welcome what the Bill attempts to do in formalising in legislation what largely exists in the criminal courts for most criminal court cases. In fact, I think that in every single domestic violence case that I have ever been to court about, special measures have formed a part of proceedings, or at the very least have been on offer. I myself have been offered special measures in cases that I have personally been involved with. Sometimes, victims do not want to use them; they want to sit and face the accused. I cannot remember a case in the criminal courts where special measures were not on offer; sometimes the video links leave a little to be desired, but they were none the less available.
It is great that the Government wish to formalise the special measures in our criminal courts in the Bill, and we support that. We simply wish to see those measures extended to court facilities where family law and civil law matters are discussed.
Stay Safe East, the disability charity that focuses on domestic abuse, has advised us that in the local family courts in its area, only one out of the 12 courtrooms has a video facility. I am sure I am teaching Ministers to suck eggs when I say that someone does not always get to decide which courtroom they go into when they get to court. It is therefore a sort of “luck of the draw” situation at the moment.
Automatic eligibility, which new clause 45 and the amendment would allow for, would place special measures on a statutory footing and ensure that family and civil courts make structural changes to safeguard victims, thereby removing the burden on victims to have to request special measures. We want a situation similar to the criminal courts, where such measures are offered in a very proactive way. In fact, long before someone even knows that they will ever be in court or has been given a court date, they are asked about special measures. The amendments are just about equalising that system across our justice estate, to reduce the variation in judicial approach and provide much-needed predictability for victims.
That is especially important because in lots of the cases we are talking about, victims go through a criminal case and a family case at the same time. It is unusual that they can be in one courtroom on a Tuesday and another on a Wednesday, and have completely different safeguards in place. Their case is exactly the same. The perpetration that they have suffered is exactly the same, yet they are safe in one courthouse and not safe—or do not feel safe—in another. There are, I am afraid to say, some terrible examples of women being attacked by their perpetrators in the toilets of family courts, which were written about in Women’s Aid’s “Nineteen Child Homicides” report for the Child First campaign. We just seek to equalise the situation.
The Under-Secretary of State for Justice, the hon. Member for Cheltenham, and I have talked many times about the sorts of things that we feel have been innovative for victims in the courts of law in our country. Sometimes, something small that we do in here changes the tone in a court case, and both he and I agree that the victim’s personal statement has certainly done that over the years. For many years, we have been hearing terrible things about the family courts, but I feel that a change of tone could be brought about in those courts. The special measures we seek through our amendments would certainly change the tone, by putting the onus on the family courts to consider the importance of victims of domestic violence and their vulnerabilities.