Whilst not the key element, the Victims and Courts Bill, introduced into Parliament on Wednesday, 7th May, will have a significant impact on the exercise of parental responsibility held by serious sexual offenders.
Parental responsibility is defined within the Children Act as all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property. Please see our recent blog on Parental Responsibility.
Explaining the Victims and Courts Bill
The Bill will automatically restrict parental responsibility for serious sexual abuse offenders sentenced to four years or more, for an offence against a child for whom they hold parental responsibility. The offender will be prevented from taking an active role in the child’s life and will be prevented from obtaining updates on schooling or other important activities relating to the child. This will be achieved through the requirement of the Crown Court to make a Prohibited Steps Order restricting the parental responsibility of the offender when convicted.
The Prohibited Steps Order should specify that the offender will require the consent of the High Court or the Family Court to take any step that relates to exercising parental responsibility and only the High Court or Family Court will be able to vary or discharge it. The Crown Court will not be required to make a Prohibited Steps Order if one of three circumstances apply:
- The making of a Prohibited Steps Order is prohibited because of section 29(3) of the Adoption and Children Act 2002, namely where a Placement Order is in place.
- A Prohibited Steps Order restricting the offender’s parental responsibility in the way required by the Bill has already been made.
- Where the Crown Court considers it would not be in the interests of justice to make a Prohibited Steps Order.
The Prohibited Steps Order will not be automatically discharged following a successful appeal resulting in acquittal, or by a reduction in sentence to below four years. Instead, within 30 days of the acquittal or reduction in sentence, the local authority where the child is ordinarily resident at that time of the appeal must make an application to the High Court or Family Court for the Prohibited Steps Order to be reviewed.
The key aim of the bill is the introduction of stricter sanctions on people who refuse to attend court and face their victims. As well as additional jail time, the bill introduces powers to impose cell confinement and loss of privileges, such as extra time in the gym as a punishment. These powers are to be extended to all cases in the Crown Court.
Other measures in the Victims and Courts Bill include:
- Updating the Victim Contact Scheme and establishing a new Victim Helpline so victims have a clear route to request information about an offender’s release.
- Increase flexibility for the Director of Public Prosecutions in appointing Crown Prosecutors.
- Set rates at which prosecutor costs in private prosecutions can be recovered from Central Funds.
- Amend the time limit for the Attorney General to refer a sentence to the Court of Appeal on the grounds that it is unduly lenient.
- Amend Magistrates Court Sentencing Powers for six either-way offences.
These changes will hopefully go some way to easing the burden on families in an already extremely difficult situation.
How FJG Can Help
Ties Bouwmeester is an Associate Solicitor in our Family Law Team.
Our family law team offers clear advice and strong support throughout this process. We’ll assess your situation, prepare your application, and represent you in Court with care and professionalism. For further advice on any aspect of family law, please contact one of our team in our Colchester, Clacton or Chelmsford offices on 0845 543 5700, or via our online enquiry form.