CPS Advocacy Conference – 28 November 2016
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“No act of kindness, no matter how small, is ever wasted” – Aesop was said to have written this several thousands of years ago, but for victims of crime it is still relevant today.
Good afternoon - I am very pleased to have been asked to speak at this important conference today. Vulnerability comes in all shapes and sizes and so do victims. I want to talk to you today about the victims’ perspective and how important recognising victims’ vulnerability is in your roles as prosecutors and advocates.
About My Role
Many of you will know that I was appointed Victims’ Commissioner in December 2012, and officially took up my post in March 2013. And, that my role is to promote the interests of victims and witnesses, and best practice in their treatment.
A key part of my role is to listen and represent the views of victims. And, there are several victims that I have met who have told me about the way that their specific needs haven’t been recognised.
The things is… these victims won’t always see these needs as vulnerabilities. They might know that they need support, and that their support might be different to another victim. But, this is why it is important for the criminal justice system and the staff working within it, to recognise what those vulnerabilities are, and how they can be best addressed to support victims in the way that they need.
About my story
Sadly, this lack of recognition did occur in my own experience, and that of my daughters’. It is an experience that has stayed with me, now even 9 years later.
As most of you will be aware, my late husband Garry was killed outside our family home by a gang of drunken young men in 2007. They kicked him to death, where he suffered serious injuries to his head and body – all of which were unfortunately witnessed by our 3 young daughters.
The crime alone was devastating, but what was more devastating was the ordeal my daughters then aged, 18, 15, and 12, went through as witnesses in the criminal justice system. And, I learnt the hard way, how the feelings of victims and witnesses can be quite casually disregarded, allegedly in the name of justice.
I want to share some of my family’s experiences, and those of other victims with you, not to criticise, but so that we can all reflect upon whether it is possible for the interests of justice to be served without causing further distress and trauma to victims?
My young family all went through many ups and downs during the investigation and prosecution, But we can all honestly say that our courtroom experience was the worst.
Firstly, the girls were kept separately from me for the whole trial, at a time when they probably needed me the most. My youngest daughter was only 12 years old. We were told that I wasn’t allowed to be with them because it could be seen as coaching them on what to say. I’m sure many of you are parents – it was heart-breaking to not be able to hug her and comfort her while she was going through this.
Secondly, two of my daughters were able to give their evidence via video link which I was thankful for – fortunately they didn’t need the additional pressure of doing that in the court room. But my eldest daughter, who was 18 at the time, was treated very differently – she was treated as an adult because of her age. She had to go through the ordeal of being cross examined in open court. It is amazing what difference a year can make? There appeared to be little recognition of how vulnerable she was at that time. It was difficult to see my children be treated like this.
Thirdly, while I understand that the prosecutor is representing the state, it still disappoints me that those involved in the case felt it necessary to point out to me that the prosecutor wasn’t acting on our behalf. Many victims of crime will have little or no knowledge about how the criminal justice system works, or that the CPS represents the crown and not the victim. Why should they? But to be told that so starkly, can be a real blow when you are at your most vulnerable.
But it is not only the negative aspects of advocacy during the trial, that victims tell me about or indeed that stand out in my mind at the time of the trial of those who murdered my husband. Sometimes there are other behaviours in court, seemingly inoffensive and harmless, but actually have a lasting impact on victims.
I understand that in many courts, prosecution teams and defence counsel will be known to each other and will be friendly in the courtroom outside of formal proceedings. But I can recall only too clearly how disconcerting I found it, as a victim, to witness this informality. For example, it might be counsel exchanging a joke or sharing friendly gossip. I know that other victims I have met have felt the same.
The trial is not only a traumatic ordeal for victims, but it is also of huge psychological importance. They are there because they want to see justice. Even light hearted banter with the barrister of the defendant can seem disrespectful to those grieving a loved one. For others it can diminish their confidence in the justice system. It can make them feel that they are just part of a process.
But it does not have to be that way.
I am determined that victims should not be viewed simply as a bolt on part of the criminal justice system, part of a process, people who are spoken to only when the manual says so. The support of victims goes to the heart of what our criminal justice system is all about. Anyone who works in criminal justice and has contact with victims, however fleeting or irregular, has an important part to play in supporting those victims.
Therefore, I am asking every one involved in our criminal justice system not to see their interaction with victims as simply – a part of the process - a box that has to be ticked - or something we do in order to comply with the guidance manual.
Instead I want everyone to recognise the human dimension to supporting victims. These are people whose lives have been damaged and, in the most serious cases, shattered by crime. As such they deserve to be treated at all times with decency and with sensitivity.
Of course the criminal justice system is primarily about delivering justice. But it must also, in part, be about restoring a victim’s faith in justice and fairness – perhaps even playing a small part in restoring their faith in humanity.
The manner in which victims are treated by the criminal justice system goes to the heart of this. In my case and in the cases of many of the victims I speak to, we all remember the practitioners from all parts of the criminal justice system who were kind and compassionate and treated us well. This is what victims take away with them. They remember the individual who has been empathetic and flexible, and has seen the human being at the receiving end of what can often be a cold and clinical process. It is this personal contact, whether it be good or bad, that stays with you and informs your impression of the criminal justice system. I know that in recent years, the CPS has done a lot to improve the way that victims and witnesses are spoken to and treated at court. I commend the DPP and the many prosecutors who have implemented this for your efforts. It is really encouraging to see criminal justice agencies responding to the needs of victims. But I am also disappointed when I learn that these practices and good intentions still aren’t always being delivered.
I understand that there is a strand in your casework quality standards labelled as ‘effectively engaging with victims and witnesses’. Effective engagement is the crux of the issue.
It is only through effective engagement can victims’ vulnerabilities be identified and their needs properly supported.
New directions
It seems to me that there is increasing attention being paid to victims’ needs. I was pleased to see that the section 28 pilots for pre-recorded cross examination have been successful and will be rolled out across the country over the next 12 months. I understand there has also been some training rolled out to all advocates for identifying vulnerable parties in the courtroom, spearheaded by the judiciary (His Honour Judge Peter Rook QC), and was also pleased to see this. I hope that my address here to you today, has helped you to see the victims’ perspective in this.
Victims will need support – they will need kindness and compassion. They should receive this from all parts of the criminal justice system – including from prosecuting advocates. This is why it is so important the agents instructed on the CPS’ behalf also understand this importance. I look forward to seeing how the training that Judge Rook has instigated will take effect.
Decency Pledge
This leaves me the last part of my address today to tell you about an important piece of work I am planning to undertake in my second term as Victims’ Commissioner.
I want to secure a public commitment from all parts of the criminal justice system to enhance the victim experience of justice. This can be achieved by ensuring that staff and practitioners treat victims with decency and humanity at all times.
I will shortly be writing to all heads of criminal justice agencies, as well as Police and Crime Commissioners and heads of third sector organisations involved in the support of victims. I will be asking them to take part in planning a victim awareness campaign. This will involve them signing a public pledge to increase their staff’s awareness of the needs of victims as part of a concerted and ongoing victim awareness campaign.
This pledge is not a publicity campaign but the start of a concerted effort to raise awareness of the needs of victims across the whole of the criminal justice system. I hope it will involve an increased commitment to staff training as well as a commitment to comprehensively monitoring the satisfaction of victims with the services they are receiving.
The CPS has done a great deal already and I very much hope that you will join me and play an important part in this endeavour.
Conclusion
It will take every single one of us to put that saying of the ‘victim being at the heart of the criminal justice system’ into reality. Identifying an individual victim’s needs will mean that a victim will be seen as important to the system as a heart is to a human body. By doing this, we are all helping a victim to be brought back to a healthy place – a place where they can keep moving forward to recovery.
I have been encouraged by the changes that are taking place in the CPS. Well done. I look forward to seeing how these developments will improve victims’ courtroom experiences.
I want to end my address today, by again thanking you for inviting me. I know you have already heard from some influential speakers, and that you have a couple more to come. And as you continue your roles as advocates, I look forward to hearing from victims about how things will hopefully change for the better.
“Kindness has no boundaries” – and it can make all the difference to victims, where the courtroom is seen as such a hostile environment.
Thank you for listening to me.
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