Delivering Justice for Victims

Baroness Bennett of Manor Castle Excerpts

Thursday 16th December 2021 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, like the two Front-Bench questioners, I want to look at the issue of delays in courts and its impact on victims. There are two angles to that. First, some figures I have seen indicate that about a quarter of victims are withdrawing from investigations and prosecutions, a figure that rises to 42% for rape allegations. Does the Minister recognise those figures? Are the Government doing anything specifically to ensure that support is provided for people in that situation? If they have stepped away from the legal process, what support is available to them? As the noble Lord, Lord Paddick, indicated, it is clear that the impact is likely to continue for very many years after the court process has been dropped.

Secondly, picking up the Minister’s point about the money from the spending review, I mention the article published this afternoon on the east of England BBC website that quoted Stephen Halloran of Lawtons Solicitors referring specifically to that extra funding. Mr Halloran estimates that, on current figures, the Crown Court backlog will reduce by only about 7,000 cases over the next three years. He indicated that his firm is already seeing cases listed in the Crown Courts well into 2023, and that he expects to see cases listed for 2024 very soon. Does the Minister agree that it is clear that the money and the resources are just not enough to give victims justice? I am sure he does not.

[Lord Wolfson of Tredegar (Con)]

I am grateful to the noble Baroness. This is an area, again, where we share the same aims. I do not recognise the precise statistics she mentioned, although I am not sure I was able to note them down quickly enough. I can say that the percentage of investigations closed because the victim does not support further police action is now at roughly 60%. That is a continuation of a longer-term trend.

The effect of the pandemic, which I am afraid has increased the delay in cases coming to trial, is probably part of the reason why more victims may have been withdrawing from the process. One brighter point in the statistics is that it seems there are more victims coming forward. There has been an increase in the number of recorded adult rape offences since 2019 and, indeed, since the first quarter of this year. The noble Baroness will understand what I am saying: I am not saying it is good that there has been an increase in rapes—of course I am not. The point is that it is good that victims feel able to come forward when there has been a crime. What we are very concerned about is victims suffering a crime who then do not feel able to come forward. So, somewhat counterintuitively, that is actually a brighter spot in the statistics—but there is plainly work to be done, and I hope I have been very candid about that.

On the backlog, in addition to what I said earlier, we have to be a little careful with statistics. For example, there are cases when a trial date will be given some time in the future, maybe even in 2023, because trial B may be a follow-on trial from trial A, and it cannot be listed until trial A has concluded. I am not suggesting that all cases fall into that category—I am saying only that we have to be a little careful with looking at the mere listing of a trial as necessarily an indication that the system could not accommodate that trial earlier. Sometimes that might be the case, but sometimes it will not. There are also issues of counsel availability, and some courts have a practice of giving two dates for a trial: an earlier date, which may not take place, and then a hard later date.

I accept that we certainly want to bring on rape trials, and indeed all trials, more quickly than happens at the moment. However, it is not just the time from first court appearance to trial that is important—we must also look at the time from reporting the offence to charge and then from charge to first appearance in court. The time when a victim feels most vulnerable and lost in the system is when the victim does not even know when there is going to be a charge. Focusing on that initial period from when the victim goes into the police station to when a charge is brought is also a very important element of the system.