Justice delayed: The impact of the Crown Court backlog on victims, victim services and the criminal justice system

Recommendation: The Ministry of Justice undertake a review of the victim journey with a view to exploring options for better delivery of Victims’ Code rights and communication, including exploration of a ‘single point of contact’ liaison or navigator that has responsibility for overseeing all communication and arrangements with the victim. Related document Justice delayed: The impact of the Crown Court backlog on victims, victim services and the criminal justice system

Recommendation: The Ministry of Justice extends the deadline for applications for criminal injuries compensation where criminal proceedings are ongoing, to 12 months after the conclusion of the criminal case. Related document Justice delayed: The impact of the Crown Court backlog on victims, victim services and the criminal justice system

Recommendation: The Ministry of Justice carry out a review of its financial loss allowances policy1, to ensure that reimbursement rates are brought up to date. This review should also consider the level of reimbursement available for witnesses where the trial has been adjourned without sufficient warning, to allow them to recoup any expenses or earnings lost to arrangements made to allow them to attend court. Related document Justice delayed: The impact of the Crown Court backlog on victims, victim services and the criminal justice system guide-allowances-under-part-v-costs-criminal-cases-general-september-2016.doc ↩︎

Recommendation: The Crown Prosecution Service carry out a review of its witness expenses rates1 and policy2, to ensure that reimbursement rates are brought up to date. The review should also ensure that, in circumstances where a witness or victim has incurred expenses or a loss of earnings in preparation to give evidence at court but does not give evidence due to factors beyond their control, for example if the case is adjourned, reimbursement is no longer discretionary, and any reasonable expenses are paid. Related document Justice delayed: The impact of the Crown Court backlog on victims, victim services and the criminal justice system Witness expenses: Current rates: Ordinary & Professional Witnesses (WEF 1B) ↩︎Witness Expenses and Allowances | The Crown Prosecution Service ↩︎

Recommendation: The Ministry of Justice reinstate the Courts’ Inspectorate. Related document Justice delayed: The impact of the Crown Court backlog on victims, victim services and the criminal justice system

Recommendation: The Crown Prosecution Service monitors, reviews and publishes data on the number of cases discontinued because they no longer meet the public interest test to evaluate the degree to which current procedural delays are impacting their frequency. Related document Justice delayed: The impact of the Crown Court backlog on victims, victim services and the criminal justice system

Recommendation: The Lord Chancellor must require the criminal justice inspectorates to perform a joint inspection every 5 years1 to look at the experiences, needs and rights of victims across the system including consideration of victim demographics, communication, and accessibility. This inspection should consider the extent to which criminal justice agencies are complying with the Victims’ Code, as part of the new Code compliance framework introduced by the Victims and Prisoners Act (2024). The joint inspection should produce a joint report and recommendations. Related document Justice delayed: The impact of the Crown Court backlog on victims, victim services and the criminal justice system Whilst under the Victims and Prisoners Act 2024 the Victims Commissioner should be consulted by the inspectorates about their inspection framework and can suggest areas for exploration, the Commissioner cannot require the performance of an inspection. Only the Secretary of State, the Lord Chancellor and the Attorney General jointly can require a joint inspection ↩︎

Recommendation: The Lord Chancellor urgently reviews and amends the Criminal Procedure Rules and the Criminal Practice Directions1, to ensure the rights and needs of victims and witnesses are given equal weight as those of defendants throughout the court process and in particular in listing practice. Related document Justice delayed: The impact of the Crown Court backlog on victims, victim services and the criminal justice system Criminal Procedure Rules 2020 and Criminal Practice Directions 2023 – GOV.UK ↩︎

Recommendation: The Ministry of Justice prioritises the evaluation of the court co-ordinators pilot. If successful, these roles should be rolled out across England and Wales as soon as possible. Related document Justice delayed: The impact of the Crown Court backlog on victims, victim services and the criminal justice system

Recommendation: The Ministry of Justice undertake an assessment to determine what additional resources are required to enable victim services to support victims through the court backlog crisis, with a view to submitting a business case to HM Treasury for emergency funding. Related document Justice delayed: The impact of the Crown Court backlog on victims, victim services and the criminal justice system

Recommendation: The Home Office undertakes a national review of the role of WCU, specifically focusing on the requirement of adequate training and support for staff in WCU. This review should focus on addressing workload, vicarious trauma and work stress, to ensure these staff are fully supported so that they can in turn support victims in the criminal justice system. Related document Justice delayed: The impact of the Crown Court backlog on victims, victim services and the criminal justice system

Recommendation: HMCPSI and HMICFRS jointly carry out a review of victim-facing communications, from the time the case enters the court system up to, and including, sentencing. This review should consider the quality and consistency of communications. Read recommendation detail Given what victims have shared with us we would encourage this review to consider the following:Whether Witness Care Units, which sit within policing and are not staffed by lawyers, are the best conduit for communication with victims. In particular, how effective are they at communicating key prosecutorial and judicial decisions?Whether the court to victim chain of communication can be streamlined to ensure victims are informed about key listing decisions, particularly adjournments, as soon as possible.How key information is shared between criminal justice agencies and whether joined up data systems can facilitate better communication.Whether victims are provided with sufficient information about the current extent of delays and the impact this may have on listing and sentencing.Whether victims are given sufficient explanation of the different types of listing and the likelihood of their trial going ahead depending on the listing type.Whether victims are given an explanation of the reasons for an adjournment.Whether victims are given adequate notice of sentencing hearings.Whether victims are given information prior to sentencing which prepares them for the likely sentence and once sentencing has taken place whether they are given an explanation of the sentence and in particular what this practically means.Whether there is a need for regular check-in calls with victims, regardless of whether there is a substantial update.The learning from the CPS Victim Liaison Officer (VLO) role.66 VLOs act as a single point of contact within the CPS and are currently offered to adult rape complainants.Although it is not a ‘whole system’ single point of contact, the review could consider the degree to which VLOs improve communication with victims Related document Justice delayed: The impact of the Crown Court backlog on victims, victim services and the criminal justice system

Recommendation: The National Police Chiefs’ Council should issue guidance to Chief Constables to ensure that Witness Care Units/ police staff are undertaking thorough victim needs assessments, which fully recognise the impact delays in the court system can have on victim wellbeing. There should be reference to victim vulnerabilities which carry significant risk of additional harm. Read recommendation detail The Witness Care Unit/ police officers may wish to consider the following factors when assessing risk of additional harm:The additional communication and accessibility needs of disabled victims and witnesses, including neuro-divergent people.The additional needs of those with mental health and/ or substance misuse conditions.The additional mental and emotional health needs of those with caring responsibilities.The age and/ or capacity of the victim Related document Justice delayed: The impact of the Crown Court backlog on victims, victim services and the criminal justice system

Recommendation: The Crown Prosecution Service must ensure any additional vulnerabilities which could be exacerbated by delay are assessed by the Witness Care Unit/police staff and are then communicated as part of the plea and trial preparation hearings, and any subsequent listing hearings. Related document Justice delayed: The impact of the Crown Court backlog on victims, victim services and the criminal justice system

Recommendation: The Ministry of Justice must update the Victims’ Code to make clear that needs assessments should be ongoing during the court process. The effect of delay on the individual victim must also form part of that assessment in order to identify those who are at the greatest risk of harm. Related document Justice delayed: The impact of the Crown Court backlog on victims, victim services and the criminal justice system

Recommendation: The Crown Prosecution Service urgently amend their guidance on ‘witness summons1’ to reflect that the timeliness of the system impacts victim wellbeing. The guidance already mandates that prosecutors should ensure a risk assessment is carried out by policing to aid their decision making. Amended guidance should make clear that the impact of lengthy delays and multiple adjournments on the victim’s mental and emotional health must be considered as part of the mandatory risk assessment. Where the victim has a victim advocate, any risk assessment should also seek representations from the advocate. The guidance should also strongly discourage use of a witness summons in circumstances where delay is the only or main factor that has led a victim to withdraw. Related document Justice delayed: The impact of the Crown Court backlog on victims, victim services and the criminal justice system Witnesses | The Crown Prosecution Service (opens in new tab) ↩︎

Recommendation: The Ministry of Justice commence the provisions in the Victims and Prisoners Act (2024) relating to victim information requests at the earliest opportunity, to ensure the new threshold for seeking notes of therapy is implemented. The Ministry of Justice should seek to expedite the statutory guidance and update any other relevant guidance to make clear that agencies should not discourage victims from seeking therapy. Related document Justice delayed: The impact of the Crown Court backlog on victims, victim services and the criminal justice system

Recommendation: The Crown Prosecution Service reviews and updates its guidance on pre-trial therapy to reflect the new threshold and to ensure CPS staff provide victims with accurate information about their rights, to help inform their decision about whether to proceed with therapy before trial. Related document Justice delayed: The impact of the Crown Court backlog on victims, victim services and the criminal justice system

Recommendation: The National Police Chiefs’ Council update their guidance and the Soteria national operating model to ensure that police staff are aware of the new threshold and are able to provide victims with accurate advice on their right to access therapy. Related document Justice delayed: The impact of the Crown Court backlog on victims, victim services and the criminal justice system