Coronavirus: Criminals could go free if victims drop out of delayed court cases, campaigners warn

Exclusive: ‘Perfect storm’ as victims face delays and support services hit by outbreak, writes Lizzie Dearden

Many trials have been postponed indefinitely (PA)

Criminals could go free if victims drop out of prosecutions because of delays to court hearings caused by coronavirus.

No trials are being heard because of the outbreak, which will dramatically worsen a pre-existing backlog of more than 37,400 crown court cases.

Prosecutions have already hit a record low in England and Wales, and lawyers fear the current crisis will send the criminal justice system into “meltdown”.

With more than half of courts closed, those that remain open are dealing only with cases deemed urgent and officials have not yet decided how to prioritise trials after the lockdown is lifted.

Dame Vera Baird, the victims’ commissioner for England and Wales, said that research on rape cases showed that “the more delay, the more dropout”.

“Victims’ services need to tell people when cases are going to come back, and to keep in touch with people so they know what’s happening,” she told The Independent.

Dame Vera called for victims’ services to be given a say in how cases are prioritised in future, because they have “important intelligence” about vulnerability and who may drop out.

Some crimes, including rape and domestic abuse, can be prosecuted without a victim’s support but the vast majority of cases either require or hinge on their evidence.

If they pull out, police officers are less likely to refer allegations to the Crown Prosecution Service (CPS), meaning criminals can go free.

As victims face indefinite delays before they give evidence, social distancing has forced face to face counselling, mental health therapy and meetings with support workers to stop.

Claire Waxman, the victims’ commissioner for London, called the situation a “perfect storm”.

She said: “I anticipate seeing victims withdrawing who were due to go to court in this period. There might be difficulties keeping them engaged, especially if we don’t know when their case is coming back. There’s a huge backlog and it’s going to get worse and worse.”

Some complainants in sexual offence cases are already waiting years for their cases to come to court because of lengthy police investigations using huge amounts of digital material seized from their mobile phones and other devices.

The proportion of alleged rapes prosecuted had plummeted to 1.4 per cent in England and Wales as of October, and official figures show that 40 per cent of cases are dropped because the “victim does not support action”.

Ms Waxman said many victims feel that they cannot “put their experience behind them and get on with their lives” while waiting for a court case, where they may have to give evidence.

“These are very vulnerable people who have experienced high levels of trauma now living through an incredibly anxious time,” she added.

“Without face to face support we’re going to see a significant rise in mental health issues.”

Courts are making greater use of video and telephone hearings, but juries are currently required to be physically present for crown court trials, meaning they cannot be held.

Victim Support, a charity which provides services to complainants, called for the government to “work at speed” to reduce the case backlog when coronavirus restrictions are lifted.

External affairs manager Alex Mayes said: “Through our work supporting victims independently from the police, we know that court delays can deter them from engaging with the criminal justice system.

“For victims of crime whose circumstances have changed due to the outbreak, it may be a particularly difficult time to also juggle the emotional demands of going to court.”

Ms Waxman said victims’ organisations were reporting mounting concerns about the potential release of some prisoners from coronavirus-hit jails, and the end of face to face probation supervision.

“There are also concerns around perpetrators on remand,” she added. “Are they going to be released on bail, are offenders going to be released early on licence? There’s a lot of anxiety around that.”

The National Probation Service has switched to “doorstep meetings” for most potentially dangerous offenders, and those linked to domestic or child abuse, while others will have video and phone calls because of social distancing measures.

Rehabilitation programmes targeting domestic abusers and other criminals have been paused because of the outbreak.

Coronavirus has also caused a drop in the number of witness service volunteers that help vulnerable people attending court hearings.

Dame Vera said that plans to increase the use of video evidence must not “rebound on victims” who may be trapped in their homes with perpetrators.

“It is very important to get the courts working again but in their anxiety to do that, they’ve got to make sure victims’ needs are met with the care they merit,” she added.

Accessing victims’ services and attending court have been listed as “reasonable excuses” in law to leave home during the UK’s coronavirus lockdown.

But Dame Vera called for the government to use its daily press briefings to make the public aware of the exception, and that anyone at risk from harm – including domestic violence and child abuse victims – are allowed to be outside and will still be supported.

“If people are urgently in need of getting out, they must not be afraid to because of the law,” she added.

If the UK follows trends seen in countries with more advanced coronavirus outbreaks, it will see a significant rise in domestic abuse, but some police forces have seen a fall in calls amid concerns that victims cannot use the phone while isolating with their partners.

Dame Vera urged the government to provide funding to ensure alternative means of reporting abuse to the police, such as internet chat, could be provided across the country.

Anyone in immediate danger is urged to dial 999 and if they cannot speak safely, respond to the operator by coughing or press 55 on the keypad to signal an emergency.

Anyone wanting to talk to someone about domestic abuse can call the dedicated helpline on 0808 2000 247.

Online resources for people receiving help from Victim Support can be found at My Support Space.