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The Guardian view on Alison Saunders: don’t sack her, back her The Guardian view on Alison Saunders: don’t sack her, back her
(about 5 hours later)
“No trial, no conviction, no penalty,” warned the director of public prosecutions, Alison Saunders, as she accepted the reversal of her decision not to prosecute the Labour peer Lord Janner on charges of rape and assault dating back to the 1960s. She might also have added, “and no defence”. If the court finds he lacks capacity to defend himself, the 86-year-old peer faces a finding of fact process where the prosecution presents the evidence before a jury and a court-appointed barrister offers a defence without instructions from the accused. “No trial, no conviction, no penalty,” warned the director of public prosecutions, Alison Saunders, as she accepted the reversal of her decision not to prosecute the Labour peer Lord Janner on charges of rape and assault dating back to the 1960s. She might also have added, “and no defence”. If the court finds he lacks capacity to defend himself, the 86-year-old peer faces a finding of fact process where the prosecution presents the evidence before a jury and a court-appointed barrister offers a defence without instructions from the accused.
Bringing charges will give those who say they were abused their day in court. It will allow the arguments about Lord Janner’s mental capacity to be heard in public. It will shore up public confidence in the criminal justice system. All of those are important considerations after decades when, it is now clear, abuse by hundreds of men, often in positions of authority, went unchecked. Yet it will not really mean justice for anyone. The victims will not see the man they allege was their tormentor tried. Lord Janner and his family, who continue to protest his innocence, will not be able to clear his name. And if Ms Saunders is hounded into resignation over her original decision, it would be unjust to her too. Bringing charges will give those who say they were abused their day in court. It will allow the arguments about Lord Janner’s mental capacity to be heard in public. It will shore up public confidence in the criminal justice system. All of those are important considerations after decades when, it is now clear, abuse by hundreds of men, often in positions of authority, went unchecked. Yet it will not really mean justice for anyone. The victims will not see the man they allege was their tormentor tried. Lord Janner and his family, who continue to protest his innocence, will not be able to clear his name. And if Ms Saunders is hounded into resignation over her original decision, it would be unjust to her too.
The victim’s right to review was introduced by the previous DPP, Keir Starmer. It was partly a recognition that it was no longer adequate to treat a victim of crime as a mere bystander in an impartial test of the facts, one that prioritised the presumption of the defendant’s innocence over the victim’s right to be heard. It was also an important attempt to bring cultural change to the Crown Prosecution Service. Its in-house lawyers were asked to recognise that they were not omniscient and they were capable of misjudgment. There have already been more than 1,600 reviews, 210 upheld, where the decision of one CPS lawyer has been re-examined by a panel of others.The victim’s right to review was introduced by the previous DPP, Keir Starmer. It was partly a recognition that it was no longer adequate to treat a victim of crime as a mere bystander in an impartial test of the facts, one that prioritised the presumption of the defendant’s innocence over the victim’s right to be heard. It was also an important attempt to bring cultural change to the Crown Prosecution Service. Its in-house lawyers were asked to recognise that they were not omniscient and they were capable of misjudgment. There have already been more than 1,600 reviews, 210 upheld, where the decision of one CPS lawyer has been re-examined by a panel of others.
But this one was unusual first because it involved the DPP, Alison Saunders, herself, and second because the decisive issue was not a question of the strength of the evidence but whether prosecution itself was in the public interest. The business of assessing the public interest is what the DPP is for. It is not a matter for an independent criminal lawyer, even one as brainy and well-regarded as the reviewer, David Perry, and it is hard to see how it helps respect for the justice system to subcontract such a decision to the private sector. But if Ms Saunders expects her staff to submit to review in the interests of better decision making, it would be invidious for her to refuse to submit herself. Subsequently it was almost impossible to reject Mr Perry’s findings, even though he came down on the side of the argument she had carefully considered and then rejected. That is the imperfect but unavoidable consequence of the review process.But this one was unusual first because it involved the DPP, Alison Saunders, herself, and second because the decisive issue was not a question of the strength of the evidence but whether prosecution itself was in the public interest. The business of assessing the public interest is what the DPP is for. It is not a matter for an independent criminal lawyer, even one as brainy and well-regarded as the reviewer, David Perry, and it is hard to see how it helps respect for the justice system to subcontract such a decision to the private sector. But if Ms Saunders expects her staff to submit to review in the interests of better decision making, it would be invidious for her to refuse to submit herself. Subsequently it was almost impossible to reject Mr Perry’s findings, even though he came down on the side of the argument she had carefully considered and then rejected. That is the imperfect but unavoidable consequence of the review process.
To survivors, the Janner saga symbolises everything that has gone wrong with the prosecution of child sex abuse cases. First silence, then investigations but no charges. (As Ms Saunders said, Lord Janner could have been prosecuted on at least two earlier occasions. The reasons why he wasn’t are also being investigated.) And then, in Ms Saunders’ decision not to prosecute, yet another failure of will – in their eyes – to defend the interests of victims. To survivors, the Janner saga symbolises everything that has gone wrong with the prosecution of child sex abuse cases. First silence, then investigations but no charges. (As Ms Saunders said, Lord Janner could have been prosecuted on at least two earlier occasions. The reasons why he wasn’t are also being investigated.) And then, in Ms Saunders’ decision not to prosecute, yet another failure of will – in their eyes – to defend the interests of victims.
There is no substitute for the criminal justice process. But next week it is a year since Theresa May first announced an independent inquiry into child sex abuse. It is true it was reincarnated, after two false starts, only in April and it has much work to do to establish the relationship between the inquiry and survivors. But there are still appointments pending, and the lack of visible activity is rapidly dissipating the good that was done by announcing an inquiry in the first place. If Ms Saunders resigned, she would be a casualty of its apparent lethargy.There is no substitute for the criminal justice process. But next week it is a year since Theresa May first announced an independent inquiry into child sex abuse. It is true it was reincarnated, after two false starts, only in April and it has much work to do to establish the relationship between the inquiry and survivors. But there are still appointments pending, and the lack of visible activity is rapidly dissipating the good that was done by announcing an inquiry in the first place. If Ms Saunders resigned, she would be a casualty of its apparent lethargy.
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