Proposed Justice System Reforms

Proposed Justice System Reforms - From a recent victim/survivor whose case ended:

1. Extend Bad Character Rules (Section 101 CJA 2003) to Victims and Witnesses

• Summary: Section 101 of the Criminal Justice Act 2003 currently governs the admissibility of a defendant’s bad character. The complainant proposes extending these strict rules to cover victims and witnesses, requiring defence allegations to be relevant and backed by verified facts or evidence.

• "It is not okay that defence barristers feel confident to attack the victims character with absolutely zero facts or evidence to back up their claims..."
  "WHY are the courts protecting the perpetrators and not the victims? This should apply to both."

2. Implement Pre-Approval Safeguards for Allegations Against Victims

• Summary: Introduce a strict pre-approval process—similar to Section 41 of the Youth Justice and Criminal Evidence Act 1999—requiring formal judicial permission before the defence can make criminal accusations or unevidenced bad character claims against a complainant.

• "Everything that the victim claims or brings to court has been through evidential tests by the police and cps... Why would less consideration and testing be given to the defence?"
  "Why would they be supported in a court of law to make egregious criminal accusations which anywhere else the victim would be able to bring a slander case against them?"

3. Mandate Minimum Gender Representation on Juries for Sexual Offence Trials

• Summary: Require juries in sexual offence cases to be at least 50% the same gender as the victim (and an even 50/50 split in cases involving gender reassignment) to ensure a safer environment and better lived understanding of sensitive testimony.

• "How on earth is that going to make a rape victim feel safe to speak openly about these incredibly sensitive subjects."
  "Whereas nearly all women have had checks or cervical smears done so they would have a visceral understanding."

4. Place Legal Advisors in Jury Deliberations

• Summary: Assign trained, neutral legal professionals (such as legal advisors, clerks, or trainee barristers) to sit in jury deliberations. Similar to the system used in Magistrates' courts, this would guide non-lawyers on legal directions, mitigate bias, and reduce mistrials.

• "I think relying on the jury members knowing what they need to ask, remembering all the judges advice, and having an understanding of the sly tactics... is just asking too much of regular people..."
  "This could speed up deliberations, reduce mistrials, and save court time."

5. Require One Week’s Advance Notice to Victims Before Bail Variation Hearings

• Summary: Establish a mandatory minimum notification period of seven days to allow victims and law enforcement sufficient time to review and respond to proposed changes in a defendant's bail conditions.

• "The police were given less than one working day to look into the safety concerns not only for me, but for another woman and a child – so that just isn’t safe."

6. Prioritise Victim Safety and Healing in Bail Decisions

• Summary: Reform court approaches to bail to ensure the complainant’s psychological well-being, medical needs, and physical protection take precedence over discretionary freedom requests by defendants facing serious charges.

• "I felt as though throughout I was still being controlled by that violent perpetrator and that the court who should have been protecting me were facilitating his control over me."
  "The court felt his wants to move address, or have more freedoms, was more important than my medical needs..."

7. Establish a Formal Mechanism for Victims to Challenge Unsafe Acquittals

• Summary: Create a dedicated route allowing victims to appeal or request an independent review of wrongful or unsafe acquittals.

• "It is not okay to allow wrongful acquittals to stand, in the same way you shouldn’t allow wrongful convictions. Wrongful acquittals can lead to further abuse and can be deadly."
  "...if you are worried you will be inundated – then perhaps it is time to look at improving the system from the beginning instead."

8. Fund an Independent Ombudsman to Review Court Transcripts

• Summary: Establish state-funded, systematic oversight of court proceedings where victims can apply to an ombudsman for free transcript access and independent assessment of courtroom conduct by defence counsel, the CPS, and the judiciary.

• "[Transcripts are] very expensive and I understand many would not be in the position to purchase it and I believe that enables some bad entities to act more flagrantly believing it will not be checked."
  "It needs to be a more systematic checking – they need to be held to account by independent authorities."

9. Implement Active Monitoring for Practitioners with Prior Infractions

• Summary: Require routine transcript monitoring by an independent ombudsman for legal representatives who have accrued prior misconduct warnings or "strikes."

• "Barristers with 2 strikes which are not serious enough to warrant disbarment – should have their transcripts routinely checked by an ombudsman to ensure they are on track."