Urgent ‘change of culture’ needed in justice system, says Victims’ Commissioner

Dame Vera Baird QC said victim confidence in the criminal justice system was in “sharp decline”.

In a policy paper published today (February 24) she sets out 34 recommendations for the Government to put victims’ rights on a proper statutory footing in its long-awaited Victims’ Law.

Dame Vera says victims must be treated as participants – not bystanders – in the justice system.

Her recommendations include monitoring and compliance mechanisms to hold agencies to account and the creation of a single unified victims’ complaints system.

She also wants rape victims to have a statutory entitlement to receive free and independent legal advice when it is felt their right to privacy is “threatened by undue data requests” by the police, prosecutors or courts.

Police and the Crown Prosecution Service (CPS) must also keep victims better informed on the progress of investigations, recommends Dame Vera.

A survey by the Victims’ Commissioner last year found that just 18 per cent of victims felt they were given enough support through the court process.

Dame Vera said: “We know victim confidence in our criminal justice system is in sharp decline. More and more victims are withdrawing their support for prosecutions and, in my recent survey of rape complainants, only around one in seven said they felt reporting could end in justice.

“Superficial changes are not enough if we are to reverse this downward trend. To regain the trust of victims, we urgently need a change of culture in how the justice system treats them.”

Dame Vera said victims were too often seen as temporary and marginal to the criminal justice process. As one of her recommendations, she wants to see victims recognised as participants in their own right within the criminal justice process. This would formally acknowledge victims’ inherent interest in proceedings and accord them statutory rights to be kept informed by police and criminal justice agencies and supported by specialist services.

“Victims are participants from start to finish, but they are currently treated more like bystanders,” said Dame Vera.

“We must recognise justice cannot be delivered without victims and our justice system needs to reflect this. I’m calling for a redefinition of the victim that moves beyond treating them as simply an onlooker or maybe a witness, but as a recognised participant, with statutory rights to be informed, supported and to be able to make informed choices.

“This does not in any way undermine the rights of the defendant and does not make them a party to proceedings, or a decision-maker, but it does confirm victims as active contributors in their own right to the criminal justice process.”

She wants victims’ rights to be put on a proper statutory footing that requires compliance from criminal justice agencies at all times. Victims of crime in England and Wales are currently accorded rights to information and support and limited procedural rights in the Victims’ Code, but these rights are not enforceable and are only patchily delivered, said Dame Vera.

She added: “All too often, victim entitlements are not being delivered and the paucity of data collected on victims and their entitlements make it impossible to hold criminal justice agencies to account. A Victims’ Law is an opportunity to finally address this issue and tackle the dilemma that victims’ rights aren’t working, aren’t enforceable and are rights only as long as the agencies responsible want victims to have them.”

In England and Wales, the most recent Home Office published statistics for the year to September 2020 show that a record 25 per cent of cases had been closed down because victims did not support the prosecution – a proportion that has more than doubled in the past five years, said Dame Vera. For complainants of rape, the figure rises to 42 per cent and for complainants of violence against the person it is 44 per cent.

Among the recommendations are:

• Police and the CPS to be required to advise a victim on details and progress of investigations, including seeking victims’ views on modifying or discontinuing charges, allowing victims to make representations, and responding to those representations and providing reasons for a decision to a victim;
• Victims of anti-social behaviour to be recognised as victims of crime and receive statutory entitlement to access victim support services;
• Court-ordered compensation to be paid up-front by the courts, leaving the offender to repay Her Majesty’s Courts and Tribunals Service and not the victim. This would follow the Dutch model, whereby the courts pay the victim compensation directly and recoup the money from offenders; and
• Creating a framework for monitoring and delivering equality of access for all victims to support and to justice, including an obligation for agencies to report on how they are meeting their equality duties.

Dame Vera also recommends that police and crime commissioners (PCCs) be given the statutory duty to monitor compliance with the Victims’ Code at a local level. They should also include proposals for  providing victim services in their police and crime plans and appoint a ‘victims’ champion’.

Dame Vera said: “I look forward to a future where victims’ rights are no longer viewed as an optional extra, but a key part of how we deliver overall justice. The Victims’ Law has the chance to be a once-in-a-generation, landmark piece of legislation, which could truly transform the victim’s experience of the justice system.

“To achieve this, the Government must have the ambition and determination to make it truly transformative. Acknowledging the true position of victims as active and valued participants in the criminal justice process is key if we are to reverse falling victim confidence in our justice system.”

West Yorkshire’s PCC Mark Burns-Williamson said Dame Vera’s policy paper showed that support for victims “needs to be a priority”.

“I recognise and welcome these proposals and will support them to be included in the Victims’ Law, including those requiring local action that make the PCCs and mayors accountable,” he said.

“This policy paper shows that support for victims needs to be a priority across the whole of government, and in a more coordinated way with all government departments truly working together including the health service.

“There isn’t enough funding for victims services to meet the demand pressures, let alone the growing crises of delayed court cases and building backlogs after years of government cuts and under investment across the criminal justice system, so this needs to be addressed at both a national and local level.”

Mr Burns-Williamson added: “The revised Victims’ Code launched last November with its 12 rights is an important step forward but it isn’t enforceable unless it becomes law. I also supported PCCs monitoring the Code from the start, and support what Dame Vera proposes to ensure this happens, at both local and national level.

“However, this should only be the start to making sure that victims are no longer bystanders in the criminal justice system, but recognised as full participants. That is a crucial development which I believe could be a huge shift for how victims are seen and treated within the criminal justice system.

“Collectively, there needs to be a will to make sure their voices are heard, and I have been actively engaged with victims groups in West Yorkshire to take this journey forward.

“Mindful as we head towards devolution, PCCs and elected mayors, including the West Yorkshire one, who will be elected in May, will need additional powers to hold the criminal justice system more to account, starting at the Ministry of Justice level to help facilitate these required and needed changes putting victims at the heart of the system.”

West Yorkshire Police Deputy Chief Constable Russ Foster said: “As an organisation focused on providing a quality service and wherever possible achieving the best outcomes for victims, we naturally welcome any proposals that address the needs and rights of victims and which clearly sets out exactly what they can expect from the police, partners and the criminal justice system as a whole.

“Victims need to be reassured that they will be listened to and measures will be put in place to safeguard them and we will continue to work with the PCC and partners to make sure they receive a quality service.”

The Government has said it will consult on victim’s legislation later this year.