THE STANDING OF VICTIMS IN CRIMINAL PROCEEDINGS
(21390)
9720/00
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Draft Framework Decision on the standing of victims in criminal proceedings.
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| Legal base: |
Probably Articles 31(a) and 34(2)(b) EU (see below); consultation; unanimity
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| Document originated:
| 20 June 2000 |
| Deposited in Parliament:
| 6 July 2000 |
| Department: |
Home Office |
| Basis of consideration:
| EM of 20 July 2000 |
| Previous Committee Report:
| None; but see (20581) —: HC 23-ii (1999-2000), paragraph 17 (1 December 1999)
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| To be discussed in Council:
| 29 September 2000 |
| Committee's assessment:
| Politically important |
| Committee's decision:
| Not cleared; further information requested
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Background
7.1 In December 1999, we cleared a Commission
Communication — Crime victims in the European Union[15]
— which had been prepared as a contribution
to the Tampere European Council. That Council agreed that minimum
standards should be established for the protection of victims
of crime, and national programmes set up for their assistance.
The draft Framework Decision is based on that conclusion, on point
51(c) of the Vienna Action Plan[16],
and on the responses to the Commission Communication.
7.2 In an open debate at the March Justice
and Home Affairs Council meeting, Member States indicated their
broad support for this initiative and identified the steps they
had taken in their own countries.
The document
7.3 In her helpful Explanatory Memorandum,
the Minister of State at the Home Office (Mrs Barbara Roche) outlines
the content of the document, saying:
"The draft Framework Decision consists of 15
articles of substance and three articles of procedure, all of
which remain subject to further discussion and negotiation. The
substantive items fall broadly into the following categories:
"— Mutual co-operation to ensure that
someone victimised in another Member State is not disadvantaged
- this would include the provision of free advice, interpretation
facilities and victim support;
"— Protection of vulnerable or intimidated
witnesses during court proceedings;
"— The right to compensation;
"— The exploration and promotion of
mediation between offenders and victims."
The Government's view
7.4 The Minister tells us that no legal
basis is cited. The presumption is that the legal base would
be Articles 31(a) and 34(2)(b) EU which allow the Council to adopt
Framework Decisions facilitating co-operation in relation to criminal
proceedings. However, the Government will be seeking clarification
of this matter, as there are some aspects of the proposal which
might be considered to lie beyond the scope of Article 31(a).
7.5 On policy implications, the Minister
tells us:
"It is a key Government objective to ensure
that victims of crime should feel less isolated from and neglected
by the criminal justice system. Much has been done to reverse
that feeling over the last ten years, although more is in the
offing.
"In broad terms, the Government welcomes this
initiative. The purpose of the Framework Decision is to improve
the position of victims and not merely to mirror the arrangements
which Member States have in place currently. The incoming French
Presidency has indicated reluctance to compromise this principle
and the present draft is unlikely to be significantly diluted
although it remains subject to further negotiation.
"There are already systems in place, through
Victim Support and the Criminal Injuries Compensation Scheme,
to ensure that victims from other countries are offered a good
quality service in respect of personal support and financial compensation
in the same way as British residents. We welcome moves to set
up reciprocal arrangements in other Member States which this draft
Framework Decision implies.
"As England and Wales is the acknowledged European
leader on personal support for victims and in providing compensation,
including compensation collected by the courts from offenders,
there are no new significant policy implications in the Articles
on these issues. There is, however, a reference to fines income
being used directly to compensate victims. The Government has
considered this and, on the advice of the Treasury, rejected it.
We shall continue to negotiate on this point.
"England and Wales is less renowned for providing
a formal rôle for victims during legal proceedings. In many
European jurisdictions, victims are offered the opportunity to
become civil parties to legal proceedings, largely for the purpose
of obtaining compensation from the offender. This has never formed
part of the English common law system. During negotiations, we
have argued for victims to be as involved in criminal proceedings
as their domestic legal system allows, and this has been incorporated
in the current draft. The Committee may wish to be aware, however,
that following a recommendation in Sir William Macpherson's report
into the murder of Stephen Lawrence, the Government is preparing
a consultation paper to consider ways in which victims might be
more involved in court proceedings.
"In the previous incomplete drafts, there were
proposals for the provision of free legal aid to victims which
would have had significant implications for the Legal Aid budget.
Although this has now been changed to free legal advice, which
could be argued is available largely but not explicitly as part
of the Crown Prosecution Service's normal service to victims,
this is an area where further drafting changes will be sought.
"There are also parts of Articles which make
reference to victims having access to the prosecution case file
— which comprises different and more sensitive information
in England and Wales than in other European jurisdictions —
reporting restrictions, and expenses to victims for their involvement
in criminal proceedings. We are looking at these issues in more
detail and they will be subject to further negotiation and discussion.
"The Articles calling for greater protection
for victims during court cases cause no difficulties following
the acceptance of the Speaking Up for Justice report (1998).
It made 78 recommendations to help vulnerable or intimidated victims
and witnesses and they are in the process of being implemented
(those requiring legislation were included in the Youth Justice
and Criminal Evidence Act 1999).
"The Article about the development of mediation
between victims and offenders sits rather uneasily with the other
court based proposals. But, again, following the introduction
of victim involvement in restorative justice programmes as a result
of the reform of the youth justice system, the Government is exploring
whether mediation could be introduced to other parts of criminal
justice."
7.6 On the timetable, the Minister
says that the draft Framework Decision is likely to be discussed
at the JHA Council meeting in late September, but that formal
adoption is not expected before the end of the year.
Conclusion
7.7 We have quoted the Minister's comments
at length because they spell out clearly those parts of the proposal
which the Government is seeking to change. They also identify
areas where our national policy is being reconsidered.
7.8 Given the number of issues on which
the Government is negotiating, we will keep the document under
scrutiny until we know more about its progress. We ask to be informed
in good time so that we can reconsider the proposal before it
is submitted for political agreement.
15 (20581) -; see headnotes to this paragraph. Back
16 (19542)
12028/98; see HC 34-i (1998-99), paragraph 8 (25 November 1998). Back
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