Delays in Criminal Cases - The Ongoing Scandal

The report from the Victim’s Commissioner, Baroness Newlove, rightly received a lot of attention and praise from many people last week including those working with the survivors of non-recent child sex abuse. 

At Jordan’s solicitors, we are currently acting on behalf of a number of clients who have had to wait years for their criminal case to come to trial after charges have been brought against their alleged abusers. There have often also been significant delays earlier in the criminal process before the decision was made to prosecute which means that a significant amount of time often passes between the initial report of abuse to the police and the criminal trial. 

There are some mitigating factors for the authorities here. COVID clearly had a hugely detrimental impact on the criminal process generally as cases were adjourned and generally delayed. Some of the abuse cases are extremely complicated and involve multiple defendants which inevitably slows the process. There was also strike action by barristers in relation to legal aid funding.   

However, the financial cuts across the court service generally have clearly also contributed to the current crisis.  

The current position is truly shocking. The Commissioner’s report confirmed that at the end of March 2020 slightly over 7% of cases were outstanding for over a year and around 2% of cases were outstanding for over 2 years. At the end of September 2024, this had increased to 23% of cases which had been outstanding for a year and 8% outstanding for over 2 years.     

The time spent waiting for the criminal trial is for many reasons unbelievable stressful for the survivor of non-recent child sex abuse. Delays inevitably add to that stress. Our own experience very much reflects the findings of the Commissioner. It can have a huge impact on their physical health as well as their mental health. The survivor is often only able to access the treatment they need after the conclusion of the criminal trial. It can affect their ability to work. It can affect their functioning in relationships and lead to coping mechanisms such as drug and alcohol misuse.   

In response, the government announced that they intend to increase then the number of sitting days of judges hearing criminal cases in the new financial year from 108,000 to 110,000 days. That is however only a modest increase and does not even match the figure of 113,000 sitting days a year which was said by the Lady Chief Justice Baroness Sue Carr to be available in November 2024. There may be other reasons for that including the availability of suitable court rooms and court staff.       

The Justice Secretary Shaban Mahmood has publicly acknowledged that without a policy change the backlog will only increase. There is an ongoing review to reform the criminal process but at a time when widespread cuts on government spending are expected it seems unlikely that the government will provide the necessary funding. The position is completely unacceptable and the appropriate funding must be provided to help the survivors of non-recent child sex abuse achieve justice within the criminal justice system in a reasonable period of time. 

Jordans solicitors are acting on behalf of vulnerable children and young adults whom it is alleged were sexually abused in a number of different types of institutions. 

Compensation is a small step towards taking control of your life and getting the justice you deserve.

We understand how difficult it can be for you to talk about the abuse you suffered during your childhood. That’s why our specially trained child abuse solicitors work closely alongside psychologists and barristers to support you both emotionally and legally.

Justice for child abuse survivors should be accessible no matter how long ago it happened. That’s why we fought for a landmark change in the law, which allows an abuse claim to be brought before a court regardless of when it took place.

If you want to discuss the options that are open to you, please contact our specialist Abuse Team at Jordans Solicitors