The Victims and Courts Bill has officially received Royal Assent, marking a significant legislative milestone in the United Kingdom’s efforts to reform its criminal justice system and enhance protections for victims, particularly those who have experienced domestic abuse and other forms of violence against women and girls (VAWG). Women’s Aid, a leading national charity dedicated to ending domestic abuse, has welcomed the new legislation, acknowledging its potential to bring about long-awaited improvements for survivors. However, the organisation also underscores that while the Bill represents a crucial step forward, deeper systemic changes and robust resourcing remain essential to truly transform the landscape of justice and safety for victims.
Veronica Oakeshott, Head of External Affairs at Women’s Aid, commented on the development, stating, "Women’s Aid welcomes the Victim’s and Courts Bill receiving Royal Assent. This legislation makes some important changes that survivors of domestic abuse and other forms of violence against women and girls (VAWG) have long called for." This statement encapsulates the cautious optimism within the sector, recognising the legislative progress while highlighting the persistent challenges that survivors face within a frequently complex and often adversarial justice system.
A Long Overdue Overhaul: Addressing Systemic Failures
For years, advocacy groups and survivor organisations have highlighted critical deficiencies within the criminal justice system that often fail to adequately recognise and prioritise the needs of victims. The journey to Royal Assent for the Victims and Courts Bill has been a protracted one, reflecting the complexities of legislating across a broad spectrum of victim experiences and judicial processes. The Bill was first introduced with the aim of putting victims at the heart of the justice system, strengthening their rights, and ensuring they receive better support. Its passage through Parliament involved extensive debates, amendments, and consultations with victim support groups, legal experts, and survivor advocates, underscoring the collaborative effort required to bring about meaningful legislative change.
A key driver behind this reform has been the stark reality faced by many survivors. Women’s Aid’s extensive work with countless individuals has revealed a pervasive sense of disillusionment and secondary victimisation within the criminal justice process. "We know from our work with survivors that many women and children have been let down by the complex criminal justice system which, for too long, has failed to recognise and prioritise their needs," Oakeshott articulated. This sentiment is echoed by countless reports and studies detailing the emotional, psychological, and practical toll that navigating the legal system can take on individuals already traumatised by abuse.
The statistics paint a grim picture: official data consistently shows that a distressingly low proportion of domestic abuse incidents are reported to the police, and an even smaller percentage result in prosecution and conviction. For instance, reports indicate that less than 1 in 5 women feel able to report their experiences to the police, a figure that starkly illustrates the profound lack of trust and confidence in the system. Factors contributing to this reluctance include fear of reprisal from perpetrators, a belief that no effective action will be taken, re-traumatisation during police interviews and court proceedings, and a general perception of the system being too complex, slow, and unsupportive.
Disproportionate Impact on Marginalised Survivors
The challenges within the justice system are particularly acute for marginalised survivors, who encounter additional layers of prejudice and systemic barriers. These groups include, but are not limited to, women from ethnic minority backgrounds, disabled women, LGBTQ+ individuals, migrant women, and those with intersecting vulnerabilities. For these survivors, the path to justice is often fraught with compounded difficulties, such as language barriers, cultural misunderstandings, discrimination within institutional settings, and a lack of culturally competent support services. "This is especially the case for marginalised survivors, who face significant barriers to seeking justice and further prejudice in the systems intended to bring them justice," Oakeshott explained. The failures have been so extensive and the lack of understanding of the complexities are so profound, that a fundamental shift in approach is required to ensure equitable access to justice for all.
Key Victories within the New Legislation
Despite the broader systemic challenges, Women’s Aid has highlighted several specific provisions within the Victims and Courts Bill that represent significant progress:
Extended Time for Challenging Unduly Lenient Sentences: The Bill now allows victims and bereaved families a longer period to challenge unduly lenient sentences. Previously, the narrow window for challenging such sentences often placed immense pressure on grieving families, forcing them to make critical legal decisions during periods of intense emotional distress. This extension provides much-needed breathing room, enabling families to engage with the legal process more thoughtfully and without undue haste, thereby enhancing their ability to seek appropriate justice. This change is particularly impactful for families dealing with the aftermath of serious violent crimes, including homicides resulting from domestic abuse.
Restriction on Exploitation of Non-Disclosure Agreements (NDAs): A critical reform introduced by the Bill is the prohibition of using Non-Disclosure Agreements (NDAs) to cover up criminal conduct. Historically, NDAs have been controversially used in some cases to silence victims and prevent public disclosure of criminal acts, particularly in workplace settings or instances of sexual harassment and abuse. The new legislation aims to close this loophole, ensuring that perpetrators cannot evade accountability through legal agreements designed for commercial confidentiality. This move is a victory for transparency and survivor agency, empowering victims to speak out without fear of legal repercussions from such agreements.
Limitations to Parental Responsibility for Perpetrators: The Bill introduces new limitations on parental responsibility for perpetrators of certain offences. Women’s Aid acknowledges this as a positive step, recognising the profound and multifaceted harm that abusive parents can inflict on their children. The presence of domestic abuse in a household is a significant risk factor for child welfare, impacting children’s physical safety, emotional development, and long-term well-being. By restricting parental responsibility in specific contexts, the legislation aims to prioritise child safety and reduce opportunities for continued harm or coercive control by abusive parents.
Areas Requiring Further Legislative Action and Reform
While welcoming these advancements, Women’s Aid has also articulated concerns that certain aspects of the Bill do not go far enough, particularly concerning parental responsibility. The organisation advocates for a broader interpretation of risk and harm to children, beyond the current scope of the legislation.
"We also welcome new limitations to parental responsibility for perpetrators, though this needs to go further," Oakeshott stated. "Parents who perpetrate violence against women and children pose a clear and significant risk of harm to their children in multiple forms. It is a narrow and insufficient approach to treat child sexual offences as the only threshold for restricting parental responsibility." This highlights a crucial gap: domestic abuse, even without direct physical violence against children, creates a hostile and unsafe environment that constitutes significant emotional and psychological harm. Children living in homes where domestic abuse occurs are victims in their own right, and their safety should be paramount in all family court decisions.
Women’s Aid is particularly focused on ensuring that the family court system adequately protects children from abusive parents. The organisation is actively looking forward to new laws committed to by the Government in October, which aim to remove the presumption of support for parental contact where there is domestic abuse and the child does not want to see a parent, or it is unsafe for them to do so. This anticipated reform is critical, as years of research conducted by Women’s Aid on child homicides have tragically demonstrated that without such changes, children will continue to die as a result of unsafe contact arrangements. This underscores the urgency of aligning family law with a comprehensive understanding of domestic abuse and its profound impact on children’s safety and well-being.
The Indispensable Role of Specialist Services and Funding Crisis
Beyond legislative frameworks, Women’s Aid stresses that the effectiveness of these improvements hinges significantly on the availability and robust resourcing of high-quality specialist services. These organisations play an indispensable role in supporting victims through the complex and often daunting criminal justice process, providing emotional support, advocacy, practical assistance, and safe accommodation.
"Improvements for survivors who are in the justice system or considering reporting to the police, are not just about legislation but also about the resourcing of high-quality specialist services," Oakeshott emphasised. The reality, however, is that many of these specialist organisations are grappling with a severe funding crisis. This chronic underfunding jeopardises their ability to deliver vital, trauma-informed support, which is often the lifeline for survivors navigating the aftermath of abuse and the complexities of the legal system.
The ongoing funding challenges mean that services are often overstretched, unable to meet the surging demand for support, and forced to operate with precarious short-term grants. This instability hinders long-term planning, staff retention, and the ability to innovate and expand crucial services. Women’s Aid urges the Government to prioritise planned work to reform commissioning practices, ensuring that specialist services receive the urgent and sustainable funding they need. Without adequate investment in these frontline organisations, even the most progressive legislation risks falling short of its intended impact, leaving survivors without the practical and emotional support necessary to access justice and rebuild their lives.
Broader Implications and the Path Forward
The Royal Assent of the Victims and Courts Bill represents a crucial juncture in the UK’s commitment to tackling violence against women and girls. The government has committed to halving violence against women and girls in the next decade, and this Bill is a promising step towards that ambitious goal. By addressing long-standing issues such as unduly lenient sentences, the misuse of NDAs, and aspects of parental responsibility, the legislation has the potential to enhance victim confidence, improve justice outcomes, and send a clear message that the system is evolving to better protect those who have experienced harm.
However, the journey towards a truly victim-centred justice system is far from over. The effective implementation of these new provisions will require sustained commitment, comprehensive training for justice professionals, and a profound cultural shift across all institutions involved. Moreover, the identified gaps, particularly concerning the broader scope of parental responsibility and the critical need for sustainable funding for specialist support services, highlight areas where further action is not just desirable, but absolutely essential. The Victims and Courts Bill lays a stronger foundation, but the true measure of its success will be seen in the tangible improvements in the lives of survivors, ensuring that the promise of justice is a reality for all.
