New bid to stop harassment of victims in courts
ABID will be launched today to ensure convicted criminals cannot use the Civil and Family Courts process to harass their victims.
There is concern that stalkers are able to take their victims to court and cross-examine them.
Campaigners for a change in the law want to ensure “convicted perpetrators” are not able to use “vexatious” applications to the courts to abuse, distress and harass victims.
They want to give the victim the power to inform the court of relevant convictions or restraining orders.
The proposed law would make it an offence for the applicant not to declare convictions – and also place a duty on the court to investigate the claims and declarations.
MPs from across the party spectrum have given their backing to the Private Member’s Bill brought by Plaid Cymru Dwyfor Meirionnydd MP Liz Saville Roberts.
She is concerned that victims not only face being cross-examined by perpetrators but have had to sit in the same waiting room.
The party says there are cases where people convicted of stalking, harassment, grievous bodily harm or murder have sought court hearings to “distress the victim”.
Victims who have been denied legal aid have either run up bills or been forced to represent themselves.
Ms Roberts said: “This Bill is about proper protection for victims of abuse... Victims are being taken back to court to face their abusers for no reason other than to be further abused by their perpetrators, even when those perpetrators have restraining orders against them.
“That some of these victims are forced to face cross-examination by their abusers is deeply disturbing and this Bill will make sure victims are no longer forced to endure such harassment and humiliation. Restraining orders also need to be strengthened and effective sanctions introduced against those who repeatedly breach their orders.”
Harry Fletcher of the Victims’ Rights Campaign, which has helped draft the legislation, said: “Abuse of court process has been going on for years. It is a means by which the subjects of restraining orders can still have contact with and continue to abuse their victims.
“The police and the Crown Prosecution Service must judge this behaviour to be unlawful. Sanctions for such behaviour must be strengthened with a presumption of custody for multiple breaches.
“Victims must be at the centre of the justice system, not in its margins.”
Plaid stated that a survey it conducted with Voice4Victims in May of 122 victims of stalking and domestic abuse found that “55% of the victims had court proceedings taken out against them by their abusers” and “one third were directly cross examined by the perpetrator”.
Supporters of Ms Roberts’ Bill include Sarah Wollaston, the Conservative chair of the Health Committee, the SNP’s Alison Thewliss, the DUP’s Jim Shannon, Green MP Caroline Lucas and Labour’s Jess Phillips.