Latest news with #VictimsCommissioner


Daily Mail
3 days ago
- Health
- Daily Mail
Rape victims who face having their court cases dropped to be given the right to demand a review by a fresh prosecutor
Rape victims will have the chance to challenge a prosecutor's decision to drop their court case for the first time under a new pilot. Victims in rape and serious sexual assault trials will now be able to ask for a different prosecutor to review their case if the Crown Prosecution Service (CPS) intends to offer no evidence against the accused. The six-month pilot, which will launch on Friday in the West Midlands, effectively gives victims the chance to re-activate cases preventing suspects from walking free if a new prosecutor believes there is enough evidence for the trial to continue. Today, Victims' Commissioner for England and Wales Baroness Helen Newlove hailed the pilot as 'a first step toward ending a manifestly unfair practice that denied victims a voice and robbed them of justice'. A victim's right to review a case already exists for all criminal cases, but perversely it only applies before the trial starts and cannot be used when the case has been discontinued at court. Campaigners have long demanded a change after a series of cases where it later emerged that the CPS had made an mistake but victims were powerless to reopen proceedings because the case had already been dropped mid-trial, letting the suspect free. If the scheme is successful in the West Midlands, ministers could extend it across England and Wales. The reform, backed by the attorney general and solicitor general, forms part of the government's pledge to halve violence against women and girls. It has been welcomed by Jade Blue McCrossen-Nethercott, who has campaigned for changes after her rape case was dropped on the basis that she could have unknowingly had sex while asleep due to a rare sleep disorder called sexsomnia. The 33-year-old told police in 2017 that she believed she had been raped while asleep on a sofa after waking up half-naked, finding her necklace broken on the floor. The CPS later apologised for dropping her case paying £35,000 in compensation after conceding it should have gone to trial. Today she said: 'I'm hugely excited about what this pilot could mean for victims, and I hope it proves successful enough to be rolled out across the country. This pilot is a crucial safeguard – one that could have completely changed the outcome in my case, and so many others like it. 'I was profoundly failed and let down by how my case was handled, but I've since seen people within the CPS who are genuinely working to make it better.' Ministers hope the change will help build trust in the justice system, which has been eroded by lengthy waiting times. In latest quarterly crime data released by the Ministry of Justice running to December 2024, rape and sexual offences had reached a record high in the crown court backlog. The number of sexual offences waiting to go to the crown court was 11,981, up by 41 per cent in two years. There are 3,489 adult rape cases waiting to go to trial, an increase of 70 per cent in two years. Solicitor General Lucy Rigby said: 'This government is treating violence against women and girls with the seriousness it deserves. Part of that is about empowering victims and improving their experience of the criminal justice system.' Siobhan Blake, CPS lead for rape and chief crown prosecutor of CPS West Midlands, said: 'We know for rape victims, the prospect of their case being stopped can be absolutely devastating. 'Although they can request a review of our decision-making now, if we have already stopped the case in court, there is nothing that can be done to reactivate the case if that review comes to a different conclusion. 'In those circumstances we offer an apology, but appreciate that for a victim an apology rarely goes far enough or feels like a just outcome.'


Telegraph
15-05-2025
- Politics
- Telegraph
Dangerous prisoners will be released under Starmer's plans, warns Victims' Commissioner
Dangerous criminals blocked from release by the Parole Board could be freed early from jail under the Government's latest emergency scheme to tackle prison overcrowding, the Victims' Commissioner has warned. Baroness Newlove has written to Shabana Mahmood, the Justice Secretary, to say she is 'genuinely struggling to understand' why such prisoners have been targeted for release under the recall scheme. On Wednesday, the Ministry of Justice said criminals, including some violent offenders, burglars, domestic abusers and sex offenders, who have been recalled to prison will automatically be re-released after just 28 days. Ms Mahmood said the measure was necessary to avoid jails running out of space in the next five months. The early re-release scheme will apply to most prisoners sentenced to between one and four years, even if they are recalled to prison for minor crimes such as shoplifting. At present, criminals recalled to prison are only re-released after their case has been considered by the Parole Board, which decides if they can be safely freed to serve the rest of their sentence in the community. In her letter, Lady Newlove said many recalled offenders would already have been in prison for more than 28 days after having their applications for release rejected. 'In each case, the [Parole] Board will have applied the public protection test and concluded that it remained necessary to keep the individual in custody to protect the public,' she said. Lady Newlove also noted that recalled prisoners would have been sent back to jail because they were an 'unacceptable' risk in the community. 'In short, we are re-releasing a group of offenders assessed as high risk and with a track record of poor compliance. These high-maintenance offenders are all being re-released at a time when the Probation Service is already struggling to cope with the huge demands being placed upon it,' she said. 'For these reasons, I am very concerned about the implications for both victim and wider public safety. Can you tell me what safeguards will be put in place to protect victims and uphold public trust? 'I am also worried about the cumulative impact of these short-term, stop-gap measures on victim confidence in our justice system. With each announcement, there is always a perception that this will be the last, only to be disappointed.' Ministers said they had been forced to act following official projections that prisons would run out of space by November, raising the prospect that police may not be able to arrest offenders because of the lack of available cells. Ms Mahmood warned it could lead to the 'total breakdown of law and order,' which left her no option but to introduce the recall measures to buy time before more fundamental reforms to sentencing are recommended in a review next week by David Gauke, the former justice secretary. The new 28-day fixed-term recall is expected to free up 1,400 prison spaces. Serious sex and violent offenders, terrorists, dangerous domestic abusers and any criminal who commits a serious further offence after their release – such as murder, rape or kidnap – will not be eligible for release under the scheme.


The Independent
05-03-2025
- Politics
- The Independent
Justice Secretary says courts backlog will rise despite record level of sittings
Justice Secretary Shabana Mahmood has said that, despite announcing a record level of sitting days for crown court judges to tackle delays, the 'sad reality' is the backlog of cases will 'still go up'. The Lord Chancellor said on Wednesday that judges will sit collectively for 110,000 days in the next financial year – 4,000 more than allocated for the previous period – to help victims see justice done faster. The move comes after the Victims Commissioner published a report on Tuesday warning that the record levels of crown court delays are deepening the trauma of victims and making many feel justice is 'out of reach'. The rising backlog in England and Wales has almost doubled in five years to 73,105 at the end of September last year. Ms Mahmood told the Commons that some victims will not have their cases heard until 2028, as she said the extra sitting days will be funded by a total budget of £2.5 billion allocated for courts and tribunals in the next financial year. It comes as a report from the Public Accounts Committee published on Wednesday raised concerns that ministers have 'simply accepted' the record-high crown court backlog will continue to grow and they will wait for the results of the Leveson Review before planning changes to tackle it. The major review, led by Sir Brian Leveson, is expected to report on reforms to the courts system in the spring. Announcing the extra sitting days, Ms Mahmood described it as a 'critical first step' but said there is more that 'we must' do. Asked how long it will take to clear the courts backlog, she told Times Radio: 'We will be making progress, but the sad reality is that, even sitting to this unprecedented amount, the backlog will still go up. 'Because the demand of cases coming into the system is very, very large, and that's why I announced some weeks ago that Brian Leveson will be carrying out a crown courts review for us to look at once-in-a-generation reform of the sorts of cases that go into our crown courts, so that we can actually bear down on that backlog in the longer term.' Changes on which cases go to jury trials as crown courts buckle under the 'sheer number of cases' coming in will be among the measures being considered in the Leveson Review, Ms Mahmood told LBC. 'He will also be considering whether we should do more with our magistrates' courts and the sorts of cases that they can hear, or whether there is a case for a court that sits between the magistrates and the crown,' she said. But the Justice Secretary has faced calls to increase the sitting days to what the Lady Chief Justice has said should be a maximum of 113,000 days. Law Society of England and Wales president Richard Atkinson said the number is 'still not at the maximum the Lady Chief Justice has said is possible to achieve', while chairwoman of the Criminal Bar Association, Mary Prior KC, called for the number to be uncapped for at least the next five years. Speaking in the Commons, shadow justice secretary Robert Jenrick said: 'What we have learnt again today is that the Justice Secretary is still turning down available sitting days, and, astonishingly, she has conceded that the court backlog will keep on rising. 'This is simply not acceptable. 'We need to be maximising court capacity, taking full advantage of all available days, and probing the judiciary for options to create more capacity.' But Ms Mahmood told the House she is 'confident' that 110,000 days represents system capacity, when considering availability of lawyers, prosecutors and legal aid as well as judges, and 'that is what is being delivered'. The extra sitting days will also apply to immigration and asylum tribunal cases, taking them to near maximum capacity, to help speed up asylum claims, the Ministry of Justice said. The Government confirmed funding for repairs and maintenance across the courts and tribunal estate is to rise from £120 million last year to £148.5 million this year. Repairs will include remedial works for crumbling reinforced autoclaved aerated concrete (Raac) at Harrow Crown Court, which has been closed since August 2023, and fixing leaking roofs and out-of-order lifts. Funding will also be given to new courts being built, such as a 30-hearing room tribunal centre at Newgate Street in London, and a county and family court in Reading. But Mr Atkinson added: 'The funding increase for court maintenance is only a small fraction of the £1.3 billion repairs backlog for courts and tribunals reported by the National Audit Office.' The announcement came as the Victims Commissioner for England and Wales, Baroness Newlove, called for the Government to provide emergency cash for victim support services during this 'time of crisis', and branded real-term cuts to victim support as 'ill-advised' and 'short-sighted'. Ms Mahmood said 'obviously not' when asked by Times Radio if she is comfortable with cutting funding for frontline victim support services by 4% in 2025, but added: 'I've inherited a shocking situation where cases have been waiting for years to be heard and, as you say, are regularly cancelled.' She also told the BBC there will be 'more difficult choices to come' when asked if the Ministry of Justice will have to slash spending amid reports of billions of extra cuts earmarked by the Treasury. 'Every part of Government has to play its part in making sure that the nation's books are balanced and that we are living within our means,' she told BBC Breakfast. 'That means… there have already been difficult choices, and all Government departments have had to play their part in that. There will be more difficult choices to come.'


The Independent
05-03-2025
- Politics
- The Independent
Justice Secretary says backlog will go up despite record court sitting days
Justice Secretary Shabana Mahmood has said that despite announcing a record level of sitting days for crown court judges to tackle delays, the 'sad reality' is the backlog of cases will 'still go up'. The Lord Chancellor said on Wednesday that judges will sit collectively for 110,000 days in the next financial year, 4,000 more than allocated for the previous period, to help victims see justice done faster. The move comes as the Victims Commissioner published a report on Tuesday warning that the record levels of crown court delays are deepening the trauma of victims and making many feel justice is 'out of reach'. The rising backlog in England and Wales has almost doubled in five years to 73,105 at the end of September last year. Meanwhile, a report from the Public Accounts Committee published on Wednesday raised concerns ministers had 'simply accepted' the record-high crown court backlog will continue to grow and they will wait for the results of the Leveson Review before planning changes to tackle it. The major review led by Sir Brian Leveson is expected to report on reforms to the court system in the spring. Announcing the extra sitting days Ms Mahmood described it as a 'critical first step' but there is more that 'we must' do. Asked about how long it will take to clear the courts backlog, she told Times Radio: 'We will be making progress. 'But the sad reality is that even sitting to this unprecedented amount, the backlog will still go up. 'Because the demand of cases coming into the system is very, very large, and that's why I announced some weeks ago that Brian Leveson will be carrying out a crown courts review for us to look at once-in-a-generation reform of the sorts of cases that go into our crown courts, so that we can actually bear down on that backlog in the longer term.' Changes on which cases go to jury trials as crown courts buckle under the 'sheer number of cases' coming in will be among the measures being considered in the Leveson Review, she told LBC. 'He will also be considering whether we should do more with our magistrates' courts and the sorts of cases that they can hear, or whether there is a case for a court that sits between the magistrates and the crown,' she said. The extra sitting days will also apply to immigration and asylum tribunal cases, bringing them to near maximum capacity, to help speed up asylum claims, the Ministry of Justice said. The Government confirmed funding for repairs and maintenance across the courts and tribunal estate is to rise from £120 million last year to £148.5 million this year. Repairs will include remedial works for crumbling reinforced autoclaved aerated concrete (Raac) at Harrow Crown Court, which has been closed since August 2023, and fixing leaking roofs and out-of-order lifts. Funding will also be given to new courts being built, such as a 30-hearing room tribunal centre at Newgate Street in London, and a county and family court in Reading. The announcement comes as the Victims Commissioner for England and Wales, Baroness Newlove, called for the Government to provide emergency cash for victim support services during this 'time of crisis', and branded real-term cuts to victim support as 'ill-advised' and 'short-sighted'. Ms Mahmood said she was 'obviously not comfortable' when asked by Times Radio if she was comfortable with cutting funding for frontline victim support services by 4% in 2025, adding: 'I've inherited a shocking situation where cases have been waiting for years to be heard and, as you say, are regularly cancelled.' She also told the BBC there would be 'more difficult choices to come' when asked if the Ministry of Justice would have to slash spending amid reports of billions of extra cuts earmarked by the Treasury. 'Every part of government has to play its part in making sure that the nation's books are balanced and that we are living within our means,' the Justice Secretary told BBC Breakfast. 'That means … there have already been difficult choices, and all Government departments have had to play their part in that. There will be more difficult choices to come.' Reacting to the extra sitting days, Law Society of England and Wales president Richard Atkinson said they were welcome steps. He added: 'But sitting days are still not at the maximum the Lady Chief Justice has said is possible to achieve. 'While the funding increase for court maintenance is only a small fraction of the £1.3 billion repairs backlog for courts and tribunals reported by the National Audit Office.' The chairwoman of the Criminal Bar Association, Mary Prior KC, also urged the Government to make a difference now by allowing crown courts to sit at the maximum capacity available of 113,000 days, adding: 'Each and every day that a courtroom is left closed is a day when justice is delayed.'
Yahoo
05-03-2025
- Politics
- Yahoo
Justice Secretary says backlog will go up despite record court sitting days
Justice Secretary Shabana Mahmood has said that despite announcing a record level of sitting days for crown court judges to tackle delays, the 'sad reality' is the backlog of cases will 'still go up'. The Lord Chancellor said on Wednesday that judges will sit collectively for 110,000 days in the next financial year, 4,000 more than allocated for the previous period, to help victims see justice done faster. The move comes as the Victims Commissioner published a report on Tuesday warning that the record levels of crown court delays are deepening the trauma of victims and making many feel justice is 'out of reach'. The rising backlog in England and Wales has almost doubled in five years to 73,105 at the end of September last year. Meanwhile, a report from the Public Accounts Committee published on Wednesday raised concerns ministers had 'simply accepted' the record-high crown court backlog will continue to grow and they will wait for the results of the Leveson Review before planning changes to tackle it. The major review led by Sir Brian Leveson is expected to report on reforms to the court system in the spring. Announcing the extra sitting days Ms Mahmood described it as a 'critical first step' but there is more that 'we must' do. Asked about how long it will take to clear the courts backlog, she told Times Radio: 'We will be making progress. 'But the sad reality is that even sitting to this unprecedented amount, the backlog will still go up. 'Because the demand of cases coming into the system is very, very large, and that's why I announced some weeks ago that Brian Leveson will be carrying out a crown courts review for us to look at once-in-a-generation reform of the sorts of cases that go into our crown courts, so that we can actually bear down on that backlog in the longer term.' Changes on which cases go to jury trials as crown courts buckle under the 'sheer number of cases' coming in will be among the measures being considered in the Leveson Review, she told LBC. 'He will also be considering whether we should do more with our magistrates' courts and the sorts of cases that they can hear, or whether there is a case for a court that sits between the magistrates and the crown,' she said. The extra sitting days will also apply to immigration and asylum tribunal cases, bringing them to near maximum capacity, to help speed up asylum claims, the Ministry of Justice said. The Government confirmed funding for repairs and maintenance across the courts and tribunal estate is to rise from £120 million last year to £148.5 million this year. Repairs will include remedial works for crumbling reinforced autoclaved aerated concrete (Raac) at Harrow Crown Court, which has been closed since August 2023, and fixing leaking roofs and out-of-order lifts. Funding will also be given to new courts being built, such as a 30-hearing room tribunal centre at Newgate Street in London, and a county and family court in Reading. The announcement comes as the Victims Commissioner for England and Wales, Baroness Newlove, called for the Government to provide emergency cash for victim support services during this 'time of crisis', and branded real-term cuts to victim support as 'ill-advised' and 'short-sighted'. Ms Mahmood said she was 'obviously not comfortable' when asked by Times Radio if she was comfortable with cutting funding for frontline victim support services by 4% in 2025, adding: 'I've inherited a shocking situation where cases have been waiting for years to be heard and, as you say, are regularly cancelled.' She also told the BBC there would be 'more difficult choices to come' when asked if the Ministry of Justice would have to slash spending amid reports of billions of extra cuts earmarked by the Treasury. 'Every part of government has to play its part in making sure that the nation's books are balanced and that we are living within our means,' the Justice Secretary told BBC Breakfast. 'That means … there have already been difficult choices, and all Government departments have had to play their part in that. There will be more difficult choices to come.' Reacting to the extra sitting days, Law Society of England and Wales president Richard Atkinson said they were welcome steps. He added: 'But sitting days are still not at the maximum the Lady Chief Justice has said is possible to achieve. 'While the funding increase for court maintenance is only a small fraction of the £1.3 billion repairs backlog for courts and tribunals reported by the National Audit Office.'