Police and Crime Commissioner Joy Allen has expressed her disappointment at the Government’s reluctance to launch an independent watchdog to oversee the courts service to improve the experiences of victims of crime.
The County Durham and Darlington PCC wrote to the Lord Chancellor and Secretary of State for Justice Alex Chalk raising her concerns at the Government’s lack of a dedicated HMCTS Inspectorate to oversee how effectively the criminal justice service meets the needs of victims.
The PCC, who is chair of the Durham Local Criminal Justice Board (LCJB) appointed three Victims’ Champions in her first year of office, one each for Anti-Social Behaviour, Crime and Domestic Abuse, to ensure her policy and commissioning decisions give strength to the victim’s voice.
She said many of the issues raised by victims as part of their work involve dissatisfaction with experiences during the court process and questioned how accountability could be realistically achieved without an inspectorate to exclusively scrutinise the court service.
With the Victims and Prisoners Bill passing through the parliamentary stages, it is expected that there will be a new legal duty on PCCs to monitor and report on local compliance with the Victims’ Code of Practice which will be enshrined in law. There will likely be an escalation process put in place locally which will include involving criminal justice agencies’ inspectorates. However, the Commissioner highlighted that no such process existed for His Majesty’s Courts and Tribunals Service (HMCTS), which is currently the only criminal justice agency not to have its own inspectorate.
Commissioner Allen said: “It is a stated aim of the Government’s Victims Strategy that victims of crime should not also become victims of the criminal justice system. Sadly, for many, the experience can be even more traumatic than the crime inflicted on them.
“When His Majesty’s Inspectorate of Constabulary and Fire and Rescue Service (HMICFRS) conducted the most recent round of force inspections, not one was graded above ‘adequate’ for its services to victims. Chief Constables and PCCs can positively respond to recommendations falling out of these assessments and improve services to victims, but who is holding such a mirror up to the Courts? Who will ensure the necessary changes are both highlighted and implemented within HMCTS?”
She added: “If the Government is serious about victims being understood, protected, and supported through their criminal justice system journey, there needs to be an efficient and effective end-to-end criminal justice. Successful Local Criminal Justice Boards will work together to achieve this, but the establishment of a dedicated inspectorate for the courts would complement the other existing inspectorates for CJ agencies and enhance the multi-agency co-operation and co-ordination required in the criminal justice system.”
The Commissioner’s Victims’ Champion, Michael Banks, added: “Many victims of crime ask to recount their lived experience of the criminal justice journey as they want something good to come out of a bad thing that happened them, by helping to change things to better support other victims.
“Many of the issues victims raise relate to the courts: the location, often miles from home; the travel, often by public transport, to get to court for 9.30 in the morning; getting children and pets looked after before they go; sometimes entering a court via the same entrance as the defendant.
“As a result of all this victims can be stressed and suffer anxiety before they even have to recall in court the traumatic experience they have suffered. Too often they haven’t been able to move on because of the length of time it has taken to get to court. How can they give their best evidence in such conditions?
“Victims’ voices indicate that there is a lot for a courts inspectorate to look at. In particular this would cover a review of court locations, a review of court ergonomics and setting compulsory standards (such as separate entrances for victims and defendants). In addition, a review of court listing practices as over-listing leads to re-listing which can re-traumatise a victim; a review of remuneration practices so that victims don’t have upfront costs; and the introduction of specialist courts for victims of rape and serious sexual offences and domestic abuse.
“All criminal justice agencies, including His Majesty’s Courts and Tribunals Service, should conduct Victim Impact Assessments for all their policies and processes. It would be through a lens such as this that a Courts Inspectorate assessment could be made.”
In a written response, Minister for Victims and Witnesses, Edward Argar, said the decision to abolish Her Majesty’s Inspectorate of Court Administration (HMICA) had been thoroughly considered since 2010 and the Government is content that there remains appropriate scrutiny of HMCTS and activity taken to respond to recommendations that arise from it.
“The work of the courts and tribunals is scrutinised by numerous parliamentary committees and inspectorate reports, with HMCTS being governed under a clear constitutional framework that is overseen by Ministers and the senior judiciary,” he said.
He added: “We agree that inspection activity helps drive change and want to draw insights from the inspectorates’ individual and joint work to enhance oversight across the criminal justice system, including victims’ experiences within the court process that are explored within joint thematic inspections.”
Mr Argar also pointed out that a measure in the new Bill would allow ministers to jointly direct that a joint inspection programme focusing on victims is undertaken, and HMCTS will be within this remit.
