Victims of Sexual Violence: Court Delays

Sarah Russell Excerpts

Monday 16th December 2024 Commons Chamber

[Mary Glindon]

I hope that the review that will take place will look at everything and cover every aspect. I believe its aim is to be comprehensive and to bring justice and fairness to everybody involved in the system.

It is imperative that attention is drawn to the nature of postponements, which bear down on the already fragile mental health of victims. I have heard heartbreaking accounts of court dates being moved on the morning of the scheduled trial. Imagine waiting in anticipation for that day of justice, exerting every ounce of mental strength, just for it to be snatched away on the day of the trial. I invite colleagues to imagine that happening not once, but again and again.

There is also an important public safety element, which is too often overlooked. Many perpetrators are not placed on remand, and, when there is a delay to a case being heard, someone who could be guilty is walking the streets. Returning to the issue of fairness, there is a deep injustice to that: victims must look over their shoulder each and every day and have their lives put on hold, while perpetrators may be able to cling to their freedom for years.

I am cognisant that a number of factors have driven this enormous backlog, including the pandemic, industrial action by criminal barristers, a lack of capacity in the legal profession and an increase in the number of complex cases entering the system. While many of these factors are well known, it has also been brought to my attention that defence barristers may be able to generate a postponement by requesting a last-minute adjournment as a delay tactic. I would be grateful if the Minister committed to looking at that issue in more depth. We need greater scrutiny of last-minute adjournments, which are having such devastating impacts on victims.

In the summer, I wrote to the Justice Secretary on postponements and delays, and was grateful for the response that I received from the then Minister of State for Courts and Legal Services, my right hon. Friend the Member for Swindon South (Heidi Alexander), in which I was assured that reducing waiting times for victims of serious sexual offences is a priority for our Government. The Minister advised me that the Government were carefully considering the best way to fast-track rape cases, and were working with the judiciary to understand how that may be achieved. I would be grateful if the House received an update on the Government’s progress in delivering that manifesto commitment.

[Mrs Sarah Russell (Congleton) (Lab)]

Does my hon. Friend agree that it is important that we keep the blame for the backlogs exactly where it belongs? Defence barristers are doubtless doing the best they possibly can for their clients in some extremely difficult circumstances, and, as my hon. Friend the Member for Wolverhampton West (Warinder Juss) says, they are paid poorly relative to other members of their profession. The most significant problems in the court system have been caused by 14 years of chronic Tory underfunding of the court system itself, the Crown Prosecution Service and the prison system, which means that: far too few people are held on remand; people are being bailed when they should not be; people are being dealt with very swiftly to try to deal with custody time limits; and there are so many problems baked into the system as it stands that victims are being wholly failed. We need to ensure the system is invested in and reformed in such a way that those problems do not continue to be exacerbated, one of the most enormous ones being—

[Madam Deputy Speaker (Caroline Nokes)]

Order. If the hon. Lady wants to contribute to the debate she always has the opportunity to ask the Member in charge and the Minister, but interventions must be shorter than that.

--- Later in debate ---

[Alex Davies-Jones]

My understanding is that any victim who is eligible is able to apply for transcripts, regardless of whether a conviction has been secured, but I will seek clarification for my hon. Friend on that matter.

This is a landmark mission, and we have further to go to support victims of rape and sexual offences—both at court and across the whole of their journey through the system. I am proud that, as well as fast-tracking rape cases through the courts, we plan to begin rolling out our free, independent legal advisers for victims of adult rape from next year. Those advisers will be a real step forward for victims, and offer legal advice at any point between report and trial. We will also introduce specialist rape and sexual offence teams in every police force. We will make sure that police officers receive stronger training on violence against women and girls, and ban anyone with a history of violence against women and girls from joining the police force.

Wherever they are in their journey through the system, I want to make sure that every victim knows their rights and that agencies are held accountable for delivering those rights. The Victims and Prisoners Act 2024 lays the foundation for ensuring that victims know the rights they should receive under the victims code and that agencies are held accountable for delivering them. The Act also places a duty on local commissioners in England to collaborate in the commissioning of support services for victims of domestic abuse, sexual abuse and serious violence. We will consult on a revised victims code and the duty to collaborate guidance early next year. I am working with my officials to ensure that we have the right data and systems to monitor compliance with the new code. We have also pledged to increase the Victims’ Commissioner’s powers, so that there is more accountability when victims’ needs are not being met.

My hon. Friend the Member for Newcastle upon Tyne East and Wallsend asked me about the impact of adjournments on victims and survivors. I want to reassure her that I am looking at every possible solution and pulling every lever at my disposal across the criminal justice system to ensure that we leave no stone unturned in ensuring that the victims of these abhorrent crimes receive the swift justice that they deserve.

[Mrs Russell]

I understand that there is a specific problem with the criminal injuries compensation scheme as it stands, whereby a claim has to be brought within two years of the original allegation, even though in many cases there has not even been a prosecution by that point. Is that something that the Department is looking at?

[Alex Davies-Jones]

My hon. Friend will be aware of the consultations run by the previous Government on the Criminal Injuries Compensation Authority. I have been reviewing those consultations and we are looking to publish the Government’s response in the new year, but we are aware of the concerns from the sector, and from victims and survivors, about the scheme. We are looking at how much more we can do to support victims and survivors as a whole on these issues.

Let me come to a close by again thanking my hon. Friend the Member for Newcastle upon Tyne East and Wallsend for securing this debate, and all the hon. and right hon. Members who have contributed to such a thoughtful discussion. Sexual offences leave devastation in their wake. Victims are often left traumatised and the very least they deserve is swift justice, but too often that justice process serves only to traumatise them further, whether it is because they are not getting the right support or because they are facing an agonising wait for their case to come to court, as we have heard so powerfully this evening. We have inherited a criminal justice system—and a criminal courts system in particular—in crisis, but the rebuilding effort is under way. We have an ambitious package of reform, we are thinking boldly, and while I am realist enough to know that change will not happen overnight, I can assure you all that this Government are up to the challenge.

Question put and agreed to.