Speeches by Davies-Jones.

“I have had positive meetings with the probate service on this, looking at complex cases. The head of the probate service has put in place brilliant review mechanisms and has improved the system. On complex cases it is still quite slow and we recognise that. We are looking and working together to see how best we can spe…”

“I will be continuing to work with the probate service and officials to ensure that we provide the best efficient and user-friendly service that we possibly can.”

“I will happily write to you on that. I am happy to come back to you.”

“Not so much resource or capacity, it is more that we want to understand how best it is being used currently and make sure that we get it to the right place for existing cohorts of victims rather than expanding it or reducing it.”

“We do have the data on that, Chair. Since 2022, since the overall roll-out happened, the number of witnesses that have accessed it are around 8,609. For adult rape cases, it is just under 20% of all those cases now are using section 28. That is one of many several measures, as Committee members will be aware, that vict…”

“No, not currently, Chair. If the witness is an intimidated witness or a vulnerable witness, as per the categories currently set out under the criteria, they are eligible, but it is not currently given to all domestic abuse victims.”

“No, we have no current scope to expand the criteria from which victims are eligible to use section 28 or other special measures. We are keen, as you will have heard, to make sure that the existing cohort is able to access the measures in the best possible way, via the best digital audio and video equipment available, a…”

“Our impact evaluation on section 28 has shown some real benefits to victims. Rape Crisis England and Wales has said that having access to section 28 has meant a victim being engaged in the criminal justice process and choosing to stay and seek a criminal prosecution or not. That speaks volumes, especially when we know …”

“Yes, it will be looking at special measures as part of the efficacy.”

“Yes, absolutely. You mentioned the CPS. We have been working closely with the Office of the Solicitor General and the CPS specifically on this, and there is now a payment available to these barristers, an extra £1,000 if they take part in the pre-trial evidence hearings, to make that more attractive for them to be able…”

“It is listening, primarily, to those on the ground operating this day to day, whether that be victims directly, the sector, the CPS, the judiciary, HMCTS, all our represented stakeholders here. It is important that we make sure that we have the best technological equipment, as I have already said, so that this evidence…”

“I heard this come up in the previous evidence session. It is not something we have currently, no, but you will be aware of the Leveson review, as I have already said, in terms of how we improve the backlog in our Crown Courts, specifically for those who are victims of specific cases that we know are taking far too long…”

“I judge the success of section 28 by having more victims and survivors engaged in the process not wanting to drop out of the criminal justice system. If it means the difference between a vulnerable witness wanting to stay engaged and wanting to give their evidence than them pulling out altogether, to me that is a succe…”

“That is correct and I am confident to say that our impact evaluation that was independently peer-reviewed showed that there was no difference in those conviction rates, and we stand by that.”

“I have immense respect for Professor Thomas. She has done lots of brilliant work for us across the criminal justice system looking at this. However, the reviews and both evaluations are not comparable. They were done quite differently with different methodology. Looking at the actual facts here, it is probably best I b…”

“Can I just add there that, as Alex has outlined, we were fortunate to benefit from the fact that section 28 had not been rolled out everywhere, to have that control and test subject to be able to do that comparison. Now that section 28 has been rolled out to all 28 Crown Courts, we no longer have that difference to be …”

“As I have already outlined, we have no plans to expand the scope of eligibility nor plans to reduce eligibility for it at the present. We want to make sure that we get how it is currently operating right and effective for victims and for the whole criminal justice process. We want to get it right and we want to get it …”

“Yes, it has indeed looked at this and I have had quite a lot of engagement with the Law Commission, with the sector and with Professor Katrin Hohl, who was your previous witness on this specifically on the bad character evidence. I have also had quite a lot of representation from parliamentarians on this issue. We are …”

“This is something that we are currently looking at. However, there may be many reasons why the judge in question chooses not to apply the special measures and it is important that the judge has the discretion there in each specific case. We of course have made sure that vulnerable witnesses and those who are intimidate…”

“I think that if section 28 is the best way of giving evidence for that vulnerable or intimidated witness, we should be looking at how best to keep them engaged in the criminal justice system. If it means the difference between them giving their evidence and it getting to court rather than them pulling out of the system…”