Violence against women and girls - Human Rights Joint Committee Contents


6  Investigation, prosecution, procedural law and protective measures

Immediate response, prevention and protection (Article 50)

168. Article 50 of the Istanbul Convention requires law enforcement agencies to respond promptly and appropriately to all forms of violence and to offer immediate protection to victims. This means that the response of the police and other agencies must be adequate to the task.
Article 50—Immediate response, prevention and protection

1 Parties shall take the necessary legislative or other measures to ensure that the responsible law enforcement agencies respond to all forms of violence covered by the scope of this Convention promptly and appropriately by offering adequate and immediate protection to victims.

2 Parties shall take the necessary legislative or other measures to ensure that the responsible law enforcement agencies engage promptly and appropriately in the prevention and protection against all forms of violence covered by the scope of this Convention, including the employment of preventive operational measures and the collection of evidence.

HOW WELL IS THE UK FULFILLING THE POSITIVE OBLIGATIONS UNDER THE ISTANBUL CONVENTION?

169. We heard evidence that the police are not responding promptly and appropriately to allegations of violence against women and girls. In March 2014, the report from Her Majesty's Inspectorate of Constabulary (HMIC) report Everyone's business: Improving the police response to domestic abuse said: "Domestic abuse is a priority on paper but, in the majority of forces, not in practice […] This stated intent is not translating into operational reality in most forces".[161] The report also said: "Our force inspections showed that the quality of the initial 'golden hour' investigation differs widely across forces and is often of an entirely unacceptable standard. Just as a first response officer's attitude to the victim can make a difference, the initial investigation at the scene, is critical to a successful prosecution."

170. In addition, HMIC's report said that victims felt more satisfied if the police responded quickly. The report also said however:

    If the perpetrator had left the home victims told us that on occasions officers could take some time (possibly hours) to arrive. The victims we spoke to were often very upset and fearful that the perpetrator might return while waiting for a responding officer. Where it is not possible to dispatch resources immediately it is important to remember the impact this may have on the victim. Just because the perpetrator has left the scene, those working in the control room should not automatically assume that the incident does not require an immediate response. Victims felt they were not always believed, and particular concern was drawn to the quality of initial investigation undertaken by responding officers when called to a scene.[162]

171. HMIC's report also highlighted the problems with specialised units:

    We found similar areas of concern about the effectiveness of specialist units in many forces. In some forces we were extremely concerned to find a very high level of risk often characterised by:

    specialist units not being staffed or resourced to the level originally intended. These units are often under-resourced due to high levels of vacancies, maternity leave or long term absences. This can result in a backlog of work with no-one reviewing risk assessments or safety plan actions for several days and no action being taken on the high risk cases referred to the unit;

    significant levels of stress being experienced by individuals within these units. Staff (often of a relatively low rank) may be carrying unacceptable workloads with high levels of responsibility. In one force, just one police constable had responsibility for reviewing all high-risk cases;

    in some forces those working in specialists roles receive no additional training. Our survey of domestic abuse practitioners suggested that increased training in the dynamics of domestic abuse is a priority even for specialist staff[163]

172. Justice for Women said: "Social beliefs and preconceptions about survivors of domestic and sexual violence too often result in investigating officers failing to properly conduct investigations into complaints of male violence. This is particularly true when women fail to present as a paradigm 'victim', such as when they have used drugs or alcohol, when they have previously consented to sexual activity with their attacker".[164]

173. Andrew Cooke QPM, National Policing Lead at the Association of Chief Police Officers (ACPO), told us that: "The College of Policing launched a new Public Protection Learning Programme in February of this year which includes a specific domestic abuse module. The programme is incorporated within initial officer training and detective training." He did, however, acknowledge: "At present guidance is primarily aimed at dedicated specialists and, whilst new training programmes will deliver comprehensive training to new recruits and new detectives, many established front line officers still require training."[165]

174. Sandra Horley CBE, Chief Executive of Refuge, said that the main problem the police face is volume, along with a lack of prioritisation of the issue politically and organisationally by the police.[166] Rachel Horman said "police are still using family members to interpret, which is very dangerous, because they are likely to be the perpetrator."[167] This is in contradiction to Article 56 (1)(h) (Measures of Protection) of the Istanbul Convention.

175. We believe that the evidence we received during this inquiry demonstrates a lack of cultural literacy amongst some frontline police officers in responding to domestic violence cases. This is one of the areas where guidance is good yet practice and delivery of training is not. Chief Constables need to do more to educate frontline staff and training needs to include all types of abuse, including financial or coercive control. Chief Constables should also urgently address concerns that specialised units are not adequately resourced.

Risk assessment and risk management (Article 51)

176. Article 51 requires that the UK takes any necessary legislative or other steps to ensure that an assessment of lethality risk is carried out by all authorities in order to manage the risk and provide co-ordinated safety and support if necessary.

Article 51—Risk assessment and risk management

1 Parties shall take the necessary legislative or other measures to ensure that an assessment of the lethality risk, the seriousness of the situation and the risk of repeated violence is carried out by all relevant authorities in order to manage the risk and if necessary to provide co-ordinated safety and support.

2 Parties shall take the necessary legislative or other measures to ensure that the assessment referred to in paragraph 1 duly takes into account, at all stages of the investigation and application of protective measures, the fact that perpetrators of acts of violence covered by the scope of this Convention possess or have access to firearms.

HOW WELL IS THE UK FULFILLING THE POSITIVE OBLIGATIONS UNDER THE ISTANBUL CONVENTION?

177. Witnesses criticised the response of police forces for not responding properly, not carrying out proper risk assessments, and as such held the police responsible for instances in which women were killed or seriously injured by their partners.[168] Sandra Horley CBE said there were numerous failings in IT systems, frequent failures to arrest the perpetrator and failures in risk assessment.[169] Police forces have been criticised for their lack of risk assessment and response in some high profile cases where a victim has died.[170]

178. Overall, witnesses argued that law and policy is mainly good. Practice on the ground, however, is not. The response of the police to deal with these crimes was seen to be inconsistent across forces and is dependent on the leadership within local police. Zoë Billingham, HM Inspector of Constabulary Eastern Region, said: "risk assessment requires urgent action […] Poor training and lack of understanding on elements of coercive controlling behaviour is a primary cause of poor risk assessment."[171] HMIC concluded "a fundamental overhaul of the approach to domestic abuse training is necessary".

179. We note the on-going the case of Michael v The Chief Constable of South Wales police regarding alleged negligence under Article 2 of the European Convention of Human Rights against the two police forces involved, in which the issue is: "Whether it is arguable that the police were liable in negligence and/or in relation to article 2 of the European Convention on Human Rights in respect of Miss Michael's death following an alleged delayed response to her 999 call".[172] We also note the recent change in case law, DSD v Commissioner of Police for the Metropolis, in which the high court ruled that the police have a legal duty to properly investigate rape and serious allegations under article 3 of the Human Rights Act.[173]

180. In contrast to this picture of criticism, Andrew Cooke QPM, National Policing Lead at the Association of Chief Police Officers (ACPO), said: "when victims are properly identified as at high risk, there are effective multi-agency arrangements to jointly assess risk and effectively safeguard victims".[174] To improve identification of high risk women by frontline officers, he said: "The College [of Policing] aim to develop a best practice risk tool for the service as soon as possible. In the meantime, work is continuing to improve the application and use of current tools". He also said "In addition, work is ongoing to develop best practice in initial investigation, risk assessment and victim safety planning. The College of Policing have developed new Authorised Professional Practice which is due out for consultation later this month."

181. The Home Secretary described HMIC's report as "depressing reading"[175] and the Government's action plan included an action to: "ensure the recommendations from the HMIC review of the police response to domestic violence are effectively implemented." The Minister for Crime Prevention outlined the Home Office's response to the report in supplementary evidence:

    the Home Secretary has established the National Oversight Group, the purpose of which is to ensure the recommendations are implemented. The Home Secretary has written to all Chief Constables and Police and Crime Commissioners making it clear that every police force must have an action plan in place. Every force has now submitted an action plan. These plans are currently being reviewed by HMIC. We are encouraged that HMIC's Annual Assessment of Policing in England and Wales, published on 27 November, found that in relation to domestic violence and abuse, forces are now working on improvements. In some forces commendable pace and commitment to make a difference has been found.

    But there is more to do and the national oversight group remains focused on overseeing delivery against the recommendations to drive a culture change in the police response. The HMIC Report identifies a series of tangible steps that can support such a culture change, including prioritising and valuing domestic abuse through the force's performance management framework, selection and promotion processes in force, reward and recognition policies, and including successful attainment of professional standards in domestic abuse in threshold tests which police have to pass to progress up their pay scales. It is delivery against these recommendations, working through the College of Policing, the National Policing Lead and Chief Constables, in partnership with the women's sector, which will support and encourage compliance with policies on violence against women.[176]

182. Immediate response and risk assessment and management are the responsibilities of the Chief Constables. We look forward to the publication of a best practice toolkit. Recent developments in case-law suggest that the courts are increasingly willing to award compensation for serious harm where police investigations have been deficient.  In view of these legal developments, claims against the police for compensation for negligence might be more likely to succeed in the Courts if the police's response to requests to deal with an allegation of domestic violence, rape or other serious allegations of violence against women does not sufficiently improve.

Investigations and evidence (Article 54)

183. Article 54 of the Istanbul Convention requires that evidence relating to sexual history or conduct of the victim shall only be permitted when it is relevant and necessary. In the UK a 'rape shield law' has been in place since 2000, introduced by section 41 of the Youth Justice and Criminal Evidence Act 1999.[177]
Article 54—Investigations and evidence

Parties shall take the necessary legislative or other measures to ensure that, in any civil or criminal proceedings, evidence relating to the sexual history and conduct of the victim shall be permitted only when it is relevant and necessary.

HOW WELL IS THE UK FULFILLING THE POSITIVE OBLIGATIONS UNDER THE ISTANBUL CONVENTION?

184. Vera Baird QC told the Committee that "We introduced Section 41 of the Youth, Justice and Criminal Evidence in 1999 [which protects complainants in proceedings involving sexual offences by restricting evidence or questions about their previous sexual history, subject to exceptions], and there was a piece of academic work done in 2006 on 2003 data that said, frankly, it has made no difference. Since then, there has been a key piece of work done with the judiciary and I hope things are improving".[178] She also said that in "Northumbria, we have established a group of court observers. We are going to watch every rape case in Newcastle Crown Court for the next six months and judge, according to a matrix, whether they are being conducted fairly, so I might have some more information, more up to date, presently".[179]

185. Sheridan Greenland OBE, Executive Director of the Judicial College, told us of the training provided to Judges to ensure that evidence relating sexual history and conduct of the victim is only permitted when it is relevant and necessary:

    Judges as professional lawyers are expected to keep themselves up to date with the law and any jurisdictional procedural rules. The Judicial College assists with this by issuing jurisdictional e-letters which provide updates on law and procedure. Training includes a reflection of the relevant legislation, and a look at any case law and Court of Appeal judgements as necessary at seminars. This would be the case for evidence relating to sexual history.[180]

186. She also told us: "There is no monitoring of court cases by the Judicial College as it is not part of our training remit. Where there is dispute about the evidence allowed in court this would usually be dealt with on appeal."[181]

187. We recommend that judicial training for judges who participate in violence against women cases should include the application of Section 41 of the Youth Justice and Criminal Evidence Act 1999, which protects complainants in proceedings involving sexual offences by restricting evidence or questions about their previous sexual history, subject to exceptions.

Ex parte and ex officio proceedings (Article 55)

188. Under Article 55 of the Istanbul Convention, investigations or prosecutions should not be wholly dependent on reports or complaints by victims, and prosecutions may proceed even if the victims withdraw their statement. This is known as an evidence-led prosecution. Section 5 of the CPS Policy for Prosecuting Cases of Domestic Violence outlines what happens when the victim withdraws support for the prosecution or no longer wishes to give evidence.[182]
Article 55—Ex parte and ex officio proceedings

1 Parties shall ensure that investigations into or prosecution of offences established in accordance with Articles 35, 36, 37, 38 and 39 of this Convention shall not be wholly dependant upon a report or complaint filed by a victim if the offence was committed in whole or in part on its territory, and that the proceedings may continue even if the victim withdraws her or his statement or complaint.

2 Parties shall take the necessary legislative or other measures to ensure, in accordance with the conditions provided for by their internal law, the possibility for governmental and non-governmental organisations and domestic violence counsellors to assist and/or support victims, at their request, during investigations and judicial proceedings concerning the offences established in accordance with this Convention.

HOW WELL IS THE UK FULFILLING THE POSITIVE OBLIGATIONS UNDER THE ISTANBUL CONVENTION?

189. It is clear that, to ensure evidence-led prosecutions can take place, sufficient evidence other than the victim's statement is needed—for example, contemporary photographic evidence taken by a third party. This is a requirement under the Istanbul Convention. HMIC's Report Everyone's business, however, found: "in a file review of 600 domestic abuse cases of actual bodily harm (where the victim will have a visible injury), HMIC found that photographs of the injury were taken in only half of the cases, and in three cases out of ten the officer's statement lacked important details such as a description of the scene or the injuries of the victims".[183] The BBC reported that one victim of domestic abuse said the manner of the first police officer sent to interview her after she was abducted and assaulted by her former partner was "very inappropriate". "I had to suggest to him, 'Don't you think you should take some pictures?'".[184]

190. HMIC's report, Everyone's business, said:

    There is extensive national police policy and practice on how police officers should carry out core policing tasks including crime investigation. It is simply not good enough that officers are not carrying out the tasks of evidence-gathering in cases of domestic violence in a professional and consistent way. It is a core part of officer competence.[185]

191. The Police and Crime Commissioner for Northumbria said that some police were using cameras attached to their clothes when responding to a call out for domestic violence, to ensure that all evidence was captured. She said a pilot in Essex showed that, when body-worn cameras were used, charges were more widely brought without the victim's support.[186] Other witnesses, however, said that the officers did not always turn the cameras on and that officers were not disciplined for failing to do so.[187]

192. Alison Saunders CB, Director of Public Prosecutions, said that the Crown Prosecution Service would continue a prosecution even if a victim withdrew their statement "if there was suitable other evidence available to warrant proceeding, and if consideration was given to the impact on pursuing the case on the victim"[188].

193. Failure of the police competently to carry out the initial response following a report of violence against women and girls means that the Crown Prosecution Service could be left unable to proceed with evidence-led prosecutions, as required by the Istanbul Convention. We recommend that, if the pilot proves successful, the use of body-worn video cameras by frontline officers in responding to domestic violence cases should quickly be extended to all police forces with national guidance on their appropriate use.


161   Everyone's business: Improving the police response to domestic abuse: https://www.justiceinspectorates.gov.uk/hmic/wp-content/uploads/2014/04/improving-the-police-response-to-domestic-abuse.pdf [accessed 2 January 2015] Back

162   Everyone's business: Improving the police response to domestic abuse: https://www.justiceinspectorates.gov.uk/hmic/wp-content/uploads/2014/04/improving-the-police-response-to-domestic-abuse.pdf [accessed 2 January 2015] Back

163   Ibid. Back

164   Written evidence from Justice for Women (VAW0062) Back

165   Written correspondence from Andrew Cooke (VAWG (14-15) 023) Back

166   Q 66 Back

167   Q 76 Back

168   Written evidence from Rights of Women (VAW0022)  Back

169   Q 67 Back

170   Including the cases of Cassandra Hasanovic (Kent Police, Sussex Police and CPS) and Christine Chambers and her son (Essex police). Back

171   Written correspondence from Zoë Billingham (VAWG (14-15) 026) Back

172   R v Michael: https://www.supremecourt.uk/cases/uksc-2013-0043.html [accessed 4 January 2015] Back

173   DSD v Commissioner of Police for the Metropolis [2014]: http://www.bailii.org/ew/cases/EWHC/QB/2014/436.html [accessed 22 January 2015]  Back

174   Written correspondence from Andrew Cooke (VAWG (14-15) 023) Back

175   https://www.gov.uk/government/news/home-secretary-leads-action-on-police-response-to-domestic-violence-and-abuse [accessed 2 January 2015] Back

176   Supplementary written evidence from the Rt Hon Lynne Featherstone MP (VAWG (14-15) 034) Back

177   In R v A (2001), a House of Lords judgment used s. 3 of the Human Rights Act to "read in" to the UK legislation (which the House of Lords judged to go too far in excluding potentially relevant material) a qualification that such evidence was admissible in so far as it was necessary for the defendant to get a fair trial-in other words leaving it up to the trial judge to decide on the facts of a particular case whether certain evidence should be allowed in or certain questioning allowed.  Back

178   Q 73 Back

179   Ibid. Back

180   Written correspondence from Sheridan Greenland OBE (VAWG (14-15) 033) Back

181   Ibid. Back

182   CPS Policy for Prosecuting Cases of Domestic Violence: http://www.cps.gov.uk/publications/prosecution/domestic/domv.html#a05 [accessed 2 January 2015] Back

183   Everyone's business: Improving the police response to domestic abuse: https://www.justiceinspectorates.gov.uk/hmic/wp-content/uploads/2014/04/improving-the-police-response-to-domestic-abuse.pdf [accessed 2 January 2015] Back

184   Police fail domestic abuse victims-HMIC Report: http://www.bbc.co.uk/news/uk-26758565 [accessed 2 January 2015] Back

185   Everyone's business: Improving the police response to domestic abuse: https://www.justiceinspectorates.gov.uk/hmic/wp-content/uploads/2014/04/improving-the-police-response-to-domestic-abuse.pdf [accessed 2 January 2015] Back

186   Q 70 Back

187   Q 70 (Sandra Horley CBE) Back

188   Written correspondence from Alison Saunders CB (VAWG (14-15) 022)  Back


 
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© Parliamentary copyright 2015
Prepared 19 February 2015