Courtrooms to beef up protective measures for witnesses and victims

http://www.theguardian.com/law/2015/sep/11/courtrooms-beef-up-protective-measures-witnesses-victims

Version 0 of 1.

More victims and witnesses will be helped to give evidence from behind courtroom screens, as a result of research that suggests nearly half of all victims who are put through the criminal justice system have reservations afterwards about giving evidence at a future trial.

Victims’ high level of dissatisfaction was found in a detailed survey commissioned by the Crown Prosecution Service (CPS), aimed at improving the experience of those who testify in court.

Better information on the outcome of cases and better support in court are among changes promised by the director of public prosecutions (DPP), Alison Saunders, in response to a survey of more than 7,000 people who have given evidence or been the victim of a crime.

Related: DPP proposes new guidelines to help victims and witnesses in court

Although two-thirds of victims and three-quarters of witnesses said they were satisfied with the service they had received from the CPS, a significant proportion were unhappy.

About 30% of victims of domestic abuse felt they were insufficiently prepared for being cross-examined.

Large numbers of victims and witnesses remain ignorant about the outcome of cases in which they had been directly involved. As few as 38% of victims and 29% of witnesses knew that an offender had entered a guilty plea or was found guilty.

One of the most worrying figures is the proportion of victims who, having been through a trial, said they would be willing to do it again. Only 52% said they were likely to do so, while 39% said it would depend on the case and 9% said simply that it was “not likely” – a total of 48% expressing some reservation.

When former witnesses were asked the same question, they gave a slightly more positive response. 60% said they would cooperate in a future trial, only five per cent said they would not be likely to do so.

Providing screens around the witness box, using video links or pre-recorded statements to give evidence and having the public gallery emptied were the protection measures most often requested by those who took part in the survey.

That such precautions are in great demand hints at a more fearful society than is commonly acknowledged. Screens are very occasionally used to conceal the identity of a witness or victim, but more often to shield the vulnerable from having to look directly at a defendant or their supporters in the public gallery.

A series of pilot programmes will begin in October at magistrates and crown courts in Liverpool, Sheffield and one other location where paralegals, or junior lawyers, will be redeployed from their offices to court builldings where they can help and reassure victims and witnesses.

The DPP also plans to extend the role of victim liaison units. Alison Saunders told the Guardian: “We are doing more work around making sure prosecutors make applications for screens so that victims get them. Quite often it’s left [to the last moment]. We may well see more [screens being used in court]. It used to be that you always had to make a written application for a screen, now lawyers can make oral applications.”

Asked about past CPS failures in prosecuting sexual abuse cases, Saunders said that apologies had been offered where it was appropriate. “When we have made these mistakes, we have acknowledged them,” she added.

The victims’ right to review decisions by the CPS not to prosecute was not widely enough appreciated, she conceded. “It appears that not so many people seem to know about the victims right to review. We will be having a look at how we can do more to make it more prominently [available]. It’s on our website.”

Saunders continued: “Paralegals are vital to the work of the CPS and by having more CPS paralegals at crown courts, we can harness their expertise to help deliver significantly enhanced support to victims and witnesses. Our victim liaison units have also proved helpful and reassuring and I now want to consider whether this role can be extended too.”

The changes were welcomed by the victims’ commissioner, Baroness Newlove, who said: “The courtroom experience for victims and witnesses is never easy and so it is a ‘fundamental right’ for them to be treated with dignity and respect.”

Mark Castle, chief executive of the independent charity Victim Support, said: “We know from supporting thousands of victims and witnesses through the court process that it can be daunting and distressing. The main worry for many is the process of giving evidence and being cross-examined.

“It is right that victims and witnesses should be given more information about their case, and in particular the nature of the defence, so that they can be better prepared to give their best evidence.”

The attorney general, Jeremy Wright QC MP, said: “I look forward to seeing the outcomes of the pilots and hope the plans will be rolled out nationally if a success.”