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15 Nov 2004 : Column 1147W—continued
Similar Fact Evidence
Mrs. Curtis-Thomas: To ask the Secretary of State for the Home Department if he will make a statement on the use of similar fact evidence. [197441]
Paul Goggins:
At present, evidence of a defendant's bad character is generally inadmissible in criminal proceedings but the common law "similar fact" rule allows the prosecution to rely on a defendant's previous misconduct in certain circumstances. However the bad character provisions of the Criminal Justice Act 2003, to be implemented in December 2004, will abolish this and other common law rules governing the admissibility of
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such evidence in criminal proceedings. In their place the Act adopts an inclusionary approach to a defendant's previous convictions and sets out a number of "gateways" through which evidence of a defendant's bad character may be admissible, where relevant and probative. One of these is where such evidence is "relevant to an important matter in issue between the defendant and the prosecution". The Act makes clear that such
include the question of whether the defendant has a propensity to commit offences of the kind with which he is charged. Evidence of propensity could include similar fact evidence.
Spray Paints
Mrs. Curtis-Thomas: To ask the Secretary of State for the Home Department on how many occasions a person has received a level four fine for selling spray paints to someone under the age of 16 years on Merseyside. [191326]
Paul Goggins: Selling spray paints to someone under the age of 16 years is an offence under section 54 of the Anti-social Behaviour Act 2003 which came into force on 31 March 2004.
Court proceedings statistics for 2004 will be published around November 2005.
Support Services (Funding)
Sue Doughty: To ask the Secretary of State for the Home Department what assessment he has made of the impact of the recent changes in central funding for (a) survivor organisations and (b) rape and sexual abuse support centres on their ability to continue to provide services. [191977]
Paul Goggins: We have made no formal assessment but recognise that financial stability for local service providers and survivor groups is critical to ensuring their ability to deliver services to victims. We are making available £4 million additional funding over two years as a contribution to the development of services for victims, although we do not believe that central Government should bear sole responsibility for supporting local service delivery organisations. Local ownership and support—including financial support—is vital to ensuring the future of local provision.
Victim Support
Nick Harvey: To ask the Secretary of State for the Home Department what support he will provide to victims in North Devon following the closure of the Victim Support office in Barnstaple. [193962]
Paul Goggins: The Home Office has provided funding to Victim Support since 1979. Over the last few years this funding has nearly trebled, from £11.7 million at the start of 1997–98 to £30 million in 2004–05.
The Home Office-Victim Support Grant-in-Aid memorandum sets out the services that Victim Support are expected to deliver to victims and witnesses. However, decisions regarding the management of these services in Devon are the responsibility of the Victim Support Devon Board of Trustees.
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Mrs. Curtis-Thomas: To ask the Secretary of State for the Home Department what types of support and therapy are available to victims in sex abuse cases as their case advances through the criminal justice system. [195484]
Paul Goggins: Victim Support is the main organisation in England and Wales that provides support to victims and witnesses of crime, including victims of sexual offending. This year Victim Support have been offered £30 million grant-in-aid funding from the Home Office to enable them to provide this support.
All Victim Support volunteers complete a core training programme. Additional training is provided for those volunteers working with victims of sexual offending.
A number of specialist organisations exist to offer support and other services to victims of sexual offending. The Home Office has allocated an additional £4 million funding over two years to develop services for victims of sexual crime. Part of this funding will be used to support the development of local services, provided in many cases by the voluntary and community sector.
Mrs. Curtis-Thomas: To ask the Secretary of State for the Home Department whether there are victim advocates to support victims in sex abuse cases. [195485]
Paul Goggins: Victim Support is the main organisation in England and Wales that provides support and practical help to victims and witnesses of crime, including victims of sexual offending. This year Victim Support has been offered £30 million grant-in-aid funding from the Home Office to enable them to provide this support.
Victim Support offers free and confidential support regardless of whether the crime has been reported to the police. Victim Support can help in dealing with other organisations and provide links to additional sources of help. If a victim attends court then Victim Support's Witness Service can provide support before, during and after a hearing.
A number of specialist organisations exist to offer support and other services to victims of sexual offending. The Home Office has allocated an additional £4 million funding over two years to develop services for victims of sexual crime. Part of this funding will be used to support the development of local services, provided in many cases by the voluntary and community sector.
Mrs. Curtis-Thomas: To ask the Secretary of State for the Home Department what percentage of known child sex abuse victims received help from (a) sexual assault referral centres, (b) the National Association for People Abused in Childhood, (c) Family Matters, (d) Lifeline and (e) other victim support groups in each of the last seven years. [195727]
Paul Goggins: The Home Office does not routinely collect data on the percentage of known child sex abuse victims receiving help from these organisations, and has not carried out any specific research on this issue.
Witnesses (Video Recording)
Mrs. Curtis-Thomas:
To ask the Secretary of State for the Home Department whether the video recording of
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witnesses under section 17 of the Youth Justice and Criminal Evidence Act 1999 is at the discretion of the individual. [191294]
Paul Goggins: Witnesses who fall within the scope of section 17 of the Youth Justice and Criminal Evidence Act 1999 are those who because of age, personal circumstances and the nature of the alleged offence may qualify for Special Measures if the court is satisfied that the quality of their evidence is likely to be diminished by reason of their fear or distress.
In reaching a decision on whether Special Measures should be invoked, in this instance section 27—video recorded evidence in chief, the courts must take account of the wishes of the individual witness. It is imperative therefore that investigators establish at an early stage whether the section 17 witness is likely to qualify for a Special Measures Direction under the 1999 Act.
If so this will need to be discussed with the witness to ascertain their views. It is essential that the police, social workers, the prosecution and defence and also court officials take account of the individual circumstances of each witness, together with their expressed needs and wishes, in order to provide support sufficient to enable all witnesses to give their best evidence. The guidance "Achieving Best Evidence in Criminal Proceedings" makes this clear to practitioners.
The Implementation of Special Measures is being phased to enable evaluation of how they are working before full roll out. Video recorded evidence in chief is not currently available to witnesses who would only be eligible by virtue of section 17 of the 1999 Act. Subject to the success of pilots currently under way this will be extended to these witnesses in May 2005.
Work Permits
Mr. Soley: To ask the Secretary of State for the Home Department what the average time taken from point of application to issue of a work permit was in 2003; and if he will make a statement. [193346]
Mr. Browne: The average length of time taken to issue a work permit from receipt of the application at Work Permits (UK) in 2003 was four days. This includes time spent gaining further information and checking references with posts overseas, where necessary.
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