witness service

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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Support Needs in the Family Court

There has been much talk in recent times of our criminal justice system being in turmoil, if not crisis. Much of this has been fuelled by the cuts made to legal aid provision: the courts are seeing ever greater numbers of defendants having to represent themselves at hearings. As well as this being perceived as a diminution of the rights of defendants to a fair trial and the disposal of effective justice it can also have a deleterious impact on witnesses who may be subjected to cross examination in court by those untrained and, often ill prepared defendants.

But there’s also something of a crisis in the family courts. “Crisis” was the word used by the previous Head of the Family Division, Sir James Munby, and whilst his successor Sir Andrew McFarlane has suggested that the word “crisis” may not be helpful, he too remains in no doubt that there are serious issues that need to be addressed. Family courts are continuing to see an increase in the volume of cases being heard – in the period April to June this year over sixty eight thousand cases started in family courts, a seven percent increase from a similar period last year. The number of domestic violence remedy order applications has risen over a similar timeframe.

It has  sometimes been assumed that those appearing in criminal trials are, because of the nature of the trial process and the potential impact on witnesses, victims and, indeed defendants  more in need of support than those attending civil cases or the family courts. But why should this be so? To appear at court, particularly if one is a victim of domestic abuse and in continuing need of protection and the need to feel safe is just as traumatic, potentially, as giving evidence in a criminal trial. And, as things stand, there is little by way of support available.

The Witness Service offers support before and during criminal proceedings to witnesses giving evidence at all criminal courts in England and Wales. This support has proved to be invaluable to thousands of such witnesses each year and offered them better opportunity, as a result, to give their best evidence when they appear. It is widely recognised throughout the system as being an invaluable and highly valued part of the overall provision of an effective and efficient justice system.

The support offered at criminal trials is long overdue in the family courts where those appearing, far too often unrepresented, are just as in need of support. Appearing at family court can be a hugely stressful experience and, if justice is to be be served, there is a real need, no, a demand, for support and help to navigate what is a difficult and often complex system to be made available to those with such needs.

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