The Victims’ Code exists to set out the rights of victims of crime in the UK – and yet, when we sat down with people who have experienced human trafficking and modern slavery to review it, only some had heard of it.
In response to the Ministry of Justice’s consultation on the Victims’ Code, we held a joint consultation workshop alongside the Independent Anti-Slavery Commissioner (IASC) to gather the feedback of eight individuals with lived experience of human trafficking and modern slavery. The survivor consultants reviewed the content of the code and provided their feedback to the Ministry of Justice to inform their development of a new version of this statutory guidance.
Euan Fraser, Senior Policy and Research Advisor at Hope for Justice, said: “It is very positive that the Ministry of Justice has sought insights from those with lived experience. Collectively, we found that one of the biggest barriers to the Victims’ Code’s effectiveness is its lack of accessibility. Much of the consultants’ feedback therefore focused on how the Code can be made more readily available and how victims can be made aware of their rights. It is really important that this lived experience is taken into account, and that those with lived experience see this lead to real change. We want their input to shape the content of the new Victims’ Code and its implementation.”
Led by three members of the IASC team and three members of the Hope for Justice team, the event sought the views of those with lived experience on:
- Principles and training needed to assess and meet the needs of victims
- The framework for engaging with child victims
- Appropriate points and ways to communicate case information
- How and when survivors participate in the criminal justice process, identifying practical improvements, to support the effective implementation of the Victims and Prisoners Act and the Victims’ Code
What is the Victims’ Code?
The Code of Practice for Victims of Crime in England and Wales, known as the Victims’ Code, sets out the rights of victims of all crimes, including burglary, assault, modern slavery and human trafficking, sexual violence, and many others.
It comprises 12 rights – statements – including ‘To be provided with information when reporting the crime’, ‘To be able to understand and to be understood’, and ‘To be referred to services that support victims and have services and support tailored to your needs’.
The Code provides the minimum standards that victims should expect to receive in the UK.
Why is the Ministry of Justice consulting on the Victims’ Code?
The Victims’ Code was first published in 2005 and has been revised several times since.
In the current consultation, the Ministry of Justice (MoJ) is considering ways to update the content of the Code and reviewing how it is presented.
In a foreword to the MoJ’s open consultation, ‘A new Victims’ Code’, Alex Davies-Jones MP, Minister for Victims and Violence against Women and Girls, wrote: “The Victims’ Code is the foundation of victims’ rights, setting out what every victim, whatever the crime, can expect from the system. While it already provides a good baseline – we want to make sure that it is as clear, strong, and supportive as possible.”
She added: “A clearer code will give victims certainty about what to expect, and it will help us better hold criminal justice agencies to account for the service they provide.”
As part of the consultation, the MoJ invited input from those with lived experience, those who support them, as well as professionals working in the criminal justice system. We held a workshop in March to assist in this process. All of the survivor consultants’ feedback has been shared with the Ministry of Justice.
Core themes of survivors’ feedback to the Ministry of Justice
- Victims of complex crimes, such as modern slavery and human trafficking, may face additional challenges or barriers to engaging with criminal justice processes, including trauma and fear of repercussions. Foreign national survivors may also fear deportation.
- Effective accessibility and implementation of the Victims’ Code is critical to ensuring that every victim can access it at a time and in a place suited to their needs. The Victims’ Code needs to be more accessible. Many of the individuals in our workshop have been working in the anti-trafficking sector for 15 years and did not know that the Victims’ Code exists.
- Children need a separate Victims’ Code and should be involved in the design.
- Training is essential. Any professional working with the victim, must be trained in trauma informed approaches, cultural humility and have knowledge of neurodivergent needs.
- The Victims’ Code and its implementation must be flexible to accommodate victims’ changing needs throughout their recovery as the criminal justice process progresses.
- The language used within the code and by professionals implementing it must be accessible, avoiding jargon and acronyms.
- Digital versions of the Victims’ Code are welcomed. The survivor consultants suggested several practical solutions, including a central live portal, containing all relevant documentation and progress updates. Non-digital materials must also be available for victims who do not wish or are unable to access the Victims’ Code digitally.
- Victims should be informed and given access to professional independent advocates or dedicated support workers to work with the victim, ensuring they have access to the Victims’ Code, understand their rights under the code, know how to implement these rights and to support them throughout the criminal justice process.
- The lived experience consultants highlighted the importance of all victims, including children, having dedicated support (through an Independent Modern Slavery Advocate (IMSA)), to access the information they need under the Victims’ Code and of the criminal justice process. Hope for Justice is currently piloting the IMSA model, with an ambition to provide all adult survivors of human trafficking with an IMSA: a single, professional point of contact, to advocate for them to access the services they are entitled to.
Recommendations from survivor consultants
The attendees recommended that all victims have:
- A clear overview of the criminal justice process from start to finish
- An understanding of what happens at each stage, and what victims can expect
- Awareness of who the key people are (e.g. police, CPS, courts) and their roles
- A full understanding of their choices, as well as where they have limited control
- An understanding of what to expect emotionally, including uncertainty, delays, and likely outcomes
- Understanding of what support is available to them and how to access it
- Sufficient information to help reduce uncertainty and anxiety.
- All that they need to ensure they can feel prepared and less overwhelmed as they move throughout each stage within the process.
