MoJ

Victims Rights

After the Storm

After the storm there is calm; so the adage goes. There can be no doubt that Whitehall and government was hit by a storm yesterday. The new Prime Minister has made the most radical, decisive and, some might argue, brutal and ruthless re-shuffle of top positions in the government since… well, it’s hard to find a precedent if one is honest. Shock and awe might well be a headline; just as likely are two variations, depending on your perspective: shock and awesome or shock and awful.

What is clear is that this is a new look government and, as the days go by, we should start to see what the priorities are (apart from the obvious one that has topped all since 2016) and crucially how they will be addressed. Social care, education and a significant increase in the numbers of front line police officers have all been promoted by the new PM on the doorstep of Downing Street. There is another to add to the list and one that matters in terms of justice and building public confidence in our criminal justice system – the needs and rights of victims of crime.

One of the more interesting and, perhaps positive appointments has been that of Robert Buckland to the post of Secretary of State for Justice and Lord Chancellor. A barrister by profession the new Secretary has held previous roles in government as Solicitor General and latterly, Minister of State at the Ministry of Justice. He takes office just after the new Victims Commissioner, Dame Vera Baird, has begun her role. So perhaps we might hope to see a new, reinvigorated approach to victim care. 

Speaking at the Modernising Criminal Justice conference last month the Justice Secretary (the then Minister of State) opined that the criminal justice system should be much more effective at rehabilitating offenders so they don’t go on to commit more crime and create more victims and that “We all want to see justice delivered for victims of crime and a system that properly supports and protects those victims and vulnerable people too.”

The words offer promise. But, as we know, we have had many such words and noble intentions over the years. They need to be translated into action. Public confidence in the criminal justice system has taken something of a battering of  late: fewer prosecutions, a rise in violent crime, an approach to evidence gathering that has left some victims feeling re-victimised by the system. There are lots of problems that are crying out for solutions.

We know that we will never have a crime free society; there will sadly, always be new victims. But what we can do is make sure that when people do fall victim to crime they are offered the support they need and that their rights are comprehensively and effectively delivered. And we can only be sure of this when criminal justice agencies and support services are held properly to account, when their performance is measured against the outcomes victims need and to which they have entitlement.

We at Supporting Justice believe that it’s only by a rigorous, outcomes focused assessment that we can drive improvements and deliver a more effective, holistic service to victims of crime. We look forward to seeing progress in this area, and, as always, stand ready to assist the new Secretary of State in his endeavours. For more information on our approach to effective monitoring of services you may want to look at this short presentation Quality Mark and the relevant section on our website Audit and assessment

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What’s happening with our courts?

The House of Commons Justice Committee has just launched an inquiry into the current programme of reforms to Her Majesty’s Courts Service. The details of the inquiry can be found here:

Two of the key areas that the committee want to consider are:

  1. What will be the likely effects of the reforms, both implemented and proposed, on access to justice in relation to:
    a. civil justice?
    b. family justice?
    c. criminal justice?
    d. administrative justice, particularly as delivered by the tribunals system?
    e. those who are digitally excluded or require support to use digital services?
  2. What are the effects on access to justice of court and tribunal centre closures, including the likely impact of closures that have not yet been implemented; and of reductions in HMCTS staffing under the reform programme? For users, how far can online processes and video hearings be a sufficient substitute for access to court and tribunal buildings?

Now, court reform, indeed criminal justice issues in general, are not really the stuff of tabloid headlines. The exceptions, of course, are when something is deemed to have gone dramatically wrong: a high profile miscarriage of justice; a high profile trial involving serious crime (or a well known celebrity); or something that is deemed to affront all sense of right and justice (The Worboys case).

The actual functioning of our justice system does, on the whole, not generate a huge amount of interest or engagement by the public; one could even be forgiven for thinking that for lot of the time criminal justice professionals are simply talking amongst themselves.

But the way our justice system works, including the way and means that people have access to that system is one of the bedrocks, one of the essential component parts of a democratic, civilised society. It is not, or should not be an afterthought and something to which we are all subject rather than about which we are informed and concerned.

The reform programmes in criminal justice have noble aspirations: to make sure that the system is fit for purpose (future proofed) and that we continue to have a justice system that is the envy of the world. Better case management, greater and more efficient use of technology, “putting victims first” – all sound great. But are they just sound bites?

If you listen to the government these reforms are doing just what they set out to do – providing a justice system that is lean, fair, empathic and fit for the future. But there are some siren voices that are raising concerns. A recent bestseller (yes, I know, seems something of a contradiction to what is said above) casts a critical eye over these reforms and the system in general. The Secret Barrister raises significant concerns about our justice system and, if you can lay your hands on a copy, it’s well worth a read – this is not a backdoor promotion of the book by the way.

For example, the programme of court closures and the impact these have. The MOJ points out that 97% of users will still have access to a court within an hour’s travel time. Sounds reasonable. And yet many of us who have worked in a court environment know the difficulties, some not insubstantial, that witnesses have getting to court let alone the problems of getting the accused to court on time. So it’s not all rosy garden stuff.

That’s why this inquiry is important. For many of those impacted by our criminal justice system (and that is, let’s face it, most of  us) don’t really have, too often, the chance to have our voices heard. So please, if you have any insights, any concerns, any suggestions on the questions raised, on how to make our justice system serve us better and be the shining beacon on a hill it has been promoted as in the past, let the committee know and send in a response. You have until March 11th.

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Criminal Justice post referendum

The result of the EU referendum last month seemed to take most people by surprise. The seismic shifts that have taken place in our political landscape in such a short space of time are testament to that; no one really expected a “leave” vote and no one expected we would have a new prime minister in short order. (more…)

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