Justice isn’t working. The fact that most people do not regularly interact with the courts in England and Wales means that the long waiting lists and staff shortages described in our Courts in Crisis series do not attract the same level of attention as delays in the health service. But with the crown court backlog of cases predicted to hit 100,000, the population of remand prisoners at a record high of 17,000, and trials routinely scheduled for years ahead, victims of crime are being failed every day.
For some victims and witnesses, long waits become intolerable and they simply give up. As we reported on Friday, the number of rape victims pulling out of prosecutions part-way through has more than doubled in five years. When women have been courageous enough to seek justice it is appalling to see so many fail to secure it, while perpetrators of sexual offences get away with them. Sir Keir Starmer’s government has committed to halve violence against women and girls in a decade. Our analysis undermines the credibility of this and other pledges. Police and the courts are not the only way of tackling crime. But along with prevention and other measures, timely prosecution of violent offenders is essential.
Also deeply concerning is research by Prof Cheryl Thomas KC showing that women who pre-recorded their evidence in rape trials – instead of giving it in person – were 41% less likely to secure a conviction. The difficulties surrounding the prosecution of rape have been under scrutiny for decades. The option of video evidence for vulnerable complainants, which was extended to all rape and serious sexual assault cases four years ago, is meant to be a pro-victim measure. That it appears to have backfired must be addressed by ministers at the earliest opportunity. It is deeply dismaying that policy interventions intended to improve the situation may have made it worse instead.
While they will never attract the same sympathy as victims, remand prisoners are also treated unfairly as a result of delays. Those found not guilty have in some cases been locked up for years by the time cases come to trial. The prisons and probation ombudsman, Adrian Usher, has come across cases of prisoners pleading guilty to avoid being trapped in the backlog. Our series focuses on England and Wales, but there are similar issues in Scotland and Northern Ireland.
The government has taken some steps to ease the linked pressures on courts and prisons. Raising magistrates’ sentencing powers from six to 12 months is meant to free up time in the crown courts. Early-release schemes have reduced prison overcrowding, while the sentencing review being carried out by David Gauke is an attempt to come up with a longer-term solution.
Barristers and justice campaigners are counting on next year’s spending review for new resources. There is no question that the courts, as well as prisons, need more funding. But they also need politicians to stop championing “tough on crime” policies while refusing to secure the funds for them.
The mismatch between the expectations placed on the justice system, and its capacity to fulfil them, is most obvious to those who encounter it directly. But problems become apparent to more people the longer they continue. And any wider loss of confidence in the administration of justice should be expected to have serious and long‑lasting consequences.
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