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United Kingdom Report on National Campaign action carried out within the framework of the Council of Europe Campaign to Combat Violence against Women, Introduction
The Minister for Women and Equality Meg Munn, who was present at the launching ceremony of the Council of Europe’s campaign against domestic and other forms of violence against women in 2006, commended the Taskforce’s aims, championed the need for a co-ordinated approach and welcomed the opportunity to share activities among the participating member States. The Minister was able to outline a number of new policies and legislative measures introduced in the UK and set out our vision to build on this work further still. The UK therefore welcomes the opportunity to set out some of these more recent developments, in line with the Taskforce’s objectives, as the Campaign concludes. The Ministers for Women signalled that tackling violence against women and improvements in the way we deal with women who commit crimes, was one of their three key priorities, on appointment to that role in July 2007.But violence against women is something that concerns Ministers across Government and over the past two years the Government has established three ‘Inter Ministerial Groups’ to work together on all the issues associated with domestic violence, sexual violence and abuse, prostitution and human trafficking. National Plans of Action
Each of these groups has already published a delivery or action plan. Today, we have cross-government action plans for domestic violence, sexual violence and abuse, human trafficking, tackling violent crime, a prostitution strategy and a cross-criminal justice system (CJS) rape performance group. The Inter Ministerial Groups play a vital monitoring role in ensuring that key deliverables are achieved, and are a key part of ensuring that Government is joined up on this agenda. In addition, there are cross-government ‘virtual units’ of officials on domestic violence, sexual violence and human trafficking, who work together 1. Legal and Policy Measures The Government recognised that many of the laws pertaining to sexual offences needed to be brought up-to-date, to better reflect modern attitudes and practices. To this end, we introduced new legislation, most notably the Sexual Offences Act 2003, and the Domestic Violence, Crime and Victims Act 2004. The Sexual Offences Act 2003 modernised the legal framework for sexual offences, and made it easier for prosecutors to meet the legal requirements for proving their case. For example, the new laws have limited the circumstances in which a victim's previous sexual history is admissible in court for rape trials. It is now easier to introduce evidence of a defendant's bad character – which is often crucial to proving a pattern, and convicting serial attackers. We introduced the Domestic Violence, Crime and Victims Act 2004 which created a number of new powers, and amended existing powers, with a view to strengthening the victim’s case when it was brought to the attention of the criminal justice system. On July 1, 2007, two more provisions of this Act came into force. Breaking a ‘non-molestation’ order is now a criminal offence, and anyone convicted of doing so could face a prison sentence of up to five years. The second provision introduced in July makes it possible for courts to grant ‘non-molestation’ and occupation orders, even in cases where a couple have never been married or lived together. The Forced Marriage (Civil Protection) Act, which received Royal Assent in July 2007, will provide injunctive relief for victims of forced marriage. The Act provides civil protection for people threatened with forced marriage by enabling courts to make a Forced Marriage Protection Order to protect victims of forced marriage and those facing forced marriage. The Act sends out a clear message that forced marriage will not be tolerated. The Act will be implemented in autumn 2008. The joint Foreign Commonwealth Office / Home Office Forced Marriage Unit now helps around 400 victims and potential victims a year Today, we have 64 Specialist Domestic Violence Court systems; we are expanding the network of Sexual Assault Referral Centres; we have specialist rape prosecutors in every Crown Prosecution Service (CPS) area; and we have opened the UK Human Trafficking Centre, the first of its kind in Europe. Much has changed in the last ten years, and particularly in the last two. In the last two years there have been key improvements to tackle violence against women. All pregnant women in the UK are now routinely asked about domestic violence, helping to identify potential victims as early as possible and domestic violence is now included in all routine assessments of children in education. In 2005, the Government helped to launch the Corporate Alliance against Domestic Violence (CAADV). More than 160 new companies – and many Government departments and public sector organisations – have joined the Alliance since its launch, representing more than two million employees. The Council of Europe has been at the forefront at measures to tackle the appalling trade of human trafficking. The UK Government introduced amendments in the UK Borders Bill, which aim to improve our ability to prosecute trafficking cases. .The UK also signed the Council of Europe Convention on Action against Trafficking in Human Beings, on 23 March 2007.On the same day that we signed the Convention, the Government launched a detailed action plan. Further activities include the proposal to introduce a Prostitute Referral Order, in the Criminal Justice and Immigration Bill that is currently before Parliament. The new Order will divert those involved in prostitution to local support services to help them exit prostitution. The Criminal Justice and Immigration Bill also contains a new offence of possessing violent and extreme pornographic material. We published last year our response to the 2006 consultation paper ‘Convicting Rapists’. Work is ongoing with a view to strengthening how we deal with rape cases by using generic expert evidence, video recordings of evidence in chief of all rape complainants and making the first complaint automatically admissible as evidence. The Female Genital Mutilation Act 2003 makes it an offence for UK nationals or permanent residents to carry out FGM abroad or to aid, abet, counsel or procure the carrying out of FGM abroad, even in countries where the practice is legal. We also recognised the need for tougher sentences. In December 2006, the Sentencing Guidelines Council published its definitive guidelines on deciding sentences in domestic violence cases. Called: Overarching Principles: Domestic Violence and Breach of a Protective Order, the guidelines were introduced to help make sentencing more consistent, and ensure that the punishment better fits the crime. Over the last year, the Government has also been working hard to get more men involved as a powerful lobbying force to challenge the culture and behaviour that enables – and excuses – violence against women. Changing attitudes takes time, but we have made a start in a number of ways. Firstly, we have linked the RESPECT phoneline (for male perpetrators) and the MALE phoneline (for those men who find themselves in abusive relationships) more closely. The Government also recently funded The Centre for Public Innovation to host two seminars on changing men’s behaviour in 2006/07, which were attended by a wide range of groups who all have an interest in this emerging agenda. The Ministers for Women hosted an event in December 2007 to look at how women and men working together could achieve greater gender equality. One of the workhops addressed violence against women and these issues are being explored further as part of a comprehensive mapping exercise. In addition to providing more support and protection for the victims themselves, the Government recognised the need to do more to protect children who are affected by domestic violence. This included the definition of harm amended by the Adoption and Children Act 2002, which was formally implemented. In June 2006, The Children and Adoption Act 2006 received Royal Assent. Section 7 of this Act requires the Children and Family Court Advisory Support Services (or in Wales, family proceedings officers) to carry out risk assessments if they suspect that a child may be risk of domestic violence 2. Support and protection for victims Making it less of an ordeal for victims to testify in court was one of the biggest stumbling blocks for bringing more perpetrators to justice – and ensuring that victims were getting the protection and support they needed – was the ordeal victims faced when going to court. This ordeal arose from having to testify in front of their attackers, and in some cases, the attackers themselves would cross-examine the victim on the stand. This is why in 2002, we introduced a number of ‘special measures’. Since 2002, intimidated witnesses appearing in criminal courts can apply for special measures which include: being screened off from the rest of the court; giving evidence by live television links; excluding people from the courtroom to provide a more private setting; and allowing witnesses to give their evidence in pre-recorded interviews. The CPS can also apply to have the victim’s/witness’s name withheld from the press, under section 46 of Youth Justice and Criminal Evidence Act 1999. Recently the Ministry of Justice, in collaboration with the Justices' Clerks Society, published guidance as a reminder to staff of the provisions which exist to protect victims from cross-examination by defendants presenting their own case in court. This responded to concerns that defendants who were financially ineligible for criminal legal aid, or opted to conduct their own cases, were seeking to cross-examine witnesses and victims in person. The guidance reminds staff of existing legislative provisions, as well as providing additional advice on early identification of domestic violence cases and the scope of payments from Central Funds. The Government has also Invested more than £3 million to improve witness waiting accommodation; the target set to have 90% of Magistrates’ Courts and Crown Courts implement some kind of separate waiting area for victims and witnesses by 2008 has been met. We have also introduced videolinks in 75% of magistrates’ courts; and 100% of Crown Court centres and Introduced Witness Liaison Officers in all courts, to act as a main point of contact for information. Introducing special measures was the first stage of making the court process more user-friendly; the second stage, in terms of dealing with domestic violence, has been the introduction of Specialist Domestic Violence Courts (SDVCs). The key to the success of the SDVC’s has been their co-ordinated community approach to domestic violence. SDVCs bring together Independent Domestic Violence Advisers (IDVA); police; social services; housing; the CPS; the probation service; primary care trusts and hospital Accident and Emergency departments. Representatives from each area work together to identify quickly cases of domestic violence, and then give the victim the support and help they need to extricate themselves from the situation while simultaneously trying to bring the perpetrator to justice through the courts.Since April 2007 there have been 64 SDVC systems operating across England and Wales; at least one in every region. This will be doubled by 2011. While improving the victim’s experience at court and updating the legal framework are key elements of securing more convictions, they are not the only ones. Rape Crisis Centres play a vital role in providing long-term support for victims of sexual offences. Recently Rape Crisis England and Wales alerted us to the funding challenges faced at a local level by these rape crisis centres. We have stepped in with emergency funding of up to £1million to help stop them from closing, while we consider the best way forward. The Government has introduced sexual offences training for police officers and all barristers prosecuting in serious sexual offences trials. In addition, specialist rape prosecutors and rape co-ordinators have been introduced, to ensure the strongest cases are built, and the police are also now training specialist ‘rape’ officers, to help gather evidence and liaise with the victim. By the end of 2008, all police and Crown Prosecution Service (CPS) prosecutors will have received training about domestic violence and every police force and CPS area in the UK now has a domestic violence co-ordinator, and a domestic violence champion and all probation areas now have accredited domestic abuse perpetrator programmes. As part of our efforts to make it easier for victims to come to court and testify, and to bring more perpetrators to justice, Independent Domestic Violence Advisers (IDVAs) we introduced in each of the 64 existing Specialist Domestic Violence Courts (SDVC). These advisers act as a single point of contact for victims, and ‘walk’ them through the whole process of pressing charges and going to court, as well as helping them to put their lives back together. As well as helping victims through the legal process, domestic violence advisers can also refer them to other services, including helping them with housing, health and other related issues. Since we introduced Independent Domestic Violence Advisers, the number of victims who don’t want to press charges has dropped and there’s been much greater awareness about children who may potentially be at risk. Along the same lines, we have also started to introduce Independent Sexual Violence Advisers in our sexual assault referral centres. Gathering evidence in the aftermath of a serious sexual offence or rape can be an incredibly traumatic experience for the victim, and is often beset by a number of obstacles. Sexual Assault Referral Centres (SARC) were introduced to try to ensure that victims were receiving the mental and physical care they needed, throughout this difficult time. Most SARCs are located on hospital premises, and are normally jointly funded by the local authority, health services and police. As well as giving victims access to general medical and sexual health services, SARCs can also provide victims with counselling and other services. Currently 19 SARCs are in place. By the end of 2008-09, there should be up to 36 Centres open around the country with the Government committed to developing a SARC in every police force area by 2011.And it can also be seen on the ground, where we are well on the way to having a Sexual Assault Referral Centre in every police force area. By the end of 2008-09, there should be at least 36 SARCs around the country, and we expect more to develop. 3. Data collection The Gender Equality Duty, introduced within the UK on 7 April 2007, will ensure that all public bodies take into account the differing needs of women and men in policy and programme development and will be underpinned by more extensive data disaggregation. Awareness has been raised through the introduction of the Duty, and the Duty will be monitored by the newly formed Equality and Human Rights Commission. Discussions took place across Government in the run up to the launch of the Gender Equality Duty to highlight its application and particular focus was given to an assessment of the impact on violence against women, which was used a positive example. In particular, the Government Equalities Office held an event to assess how the (then) forthcoming Duty could be applied the Sexual Violence and Abuse Action Plan, prior to its launch in April 2007. 4. Awareness Raising The Home Office has also run campaigns such as ‘The Enough Campaign’ the ‘Domestic Enforcement Campaign and the leaflet ‘You don’t have to live in fear’. In addition, the Crown Prosecution Service was singled out by the End Violence Against Women campaign, for its own campaign to end violence against women. The Government and Equalities Office is leading cross Government work to develop a specific communications strategy for sexual and domestic violence, which will be taken forward as a matter of priority. Information about the Council of Europe’s campaign will appear on the new Government Equalities Website, which is currently under construction, with links to other relevant websites across government. Opportunities will be made through the Ministerial Groups to build on this work. Across the criminal justice system, every effort is being made to give victims of violence – and the people supporting them – information and advice in an accessible way. For example, one of the courts’ system’s most popular reference guides, called Domestic Violence – A Guide to Civil Remedies and Criminal Sanctions is now available in 10 languages, including Arabic, Gujarati and Polish. And over the next year, the Crown Prosecution Service will be undertaking additional research to get a better idea of what the needs and patterns of ‘help-seeking’ behaviour are, within the BME population, in order to better address them. Examples of the work being done elsewhere across Government, include a step-by-step guide for BME victims of domestic violence, which is expected to be published shortly. The Department of Health is also continuing to publish its Domestic Abuse Handbook, which contains a lot of information on women with particular needs, including minority or migrant women, older women, disabled women and lesbian and bisexual women. The book signposts readers to a number of useful contacts, including national helplines, resources and specialist agencies. |
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