Victims of Sexual Violence: Court Delays

Warinder Juss Excerpts

Monday 16th December 2024 Commons Chamber

[Mary Glindon]

It causes unnecessary and troublesome complexities for people who are already facing so much in their lives. We really cannot emphasise that enough.

In the final quarter of 2022, almost 70% of rape survivors withdrew from the justice system. The situation at present is nothing short of a crisis.

[Warinder Juss (Wolverhampton West) (Lab)]

It is estimated that the number of rape victims who pull out of prosecutions before trial has more than doubled in five years. One reason given is a shortage of lawyers—for both prosecution and defence—willing to take on rape and serious sexual assault cases, because they say that cases are becoming increasingly complex and that they are poorly paid in comparison with other areas of the law. Does my hon. Friend agree that it may be time for us to look at whether the lawyers doing this kind of work should be properly paid?

[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.