The coalition should appoint a new victims’ commissioner without delay
Louise Casey did an excellent job as the first victims and witnesses commissioner – a Labour government innovation. However, more than a month since her resignation, the coalition are still considering whether there is a future for the role at all. They should get on with appointing a new commissioner or they will be sending a clear message that they are downgrading the voice of victims in the criminal justice system. As shadow prisons minister Jenny Chapman and I argue in The Purple Book, this would not only be unfair to those who already have the least power in the system, but would actually make it harder to catch and convict criminals.
Beyond the immediate physical, emotional and financial impact of being a victim of crime, many victims say that they feel powerless and frustrated by their experience not just of the crime, but of the system itself. Those likely to be worst affected by crime are already those with the least financial or social clout. They need a louder voice, not to be ignored.
Furthermore, Home Office research suggests that four-fifths of all directly detected offences had victims or witnesses able to provide helpful leads. Police cannot tackle crime alone and they certainly cannot achieve convictions without support from victims and people willing to act as witnesses. But there needs to be a fair deal here. Where people report crime and are willing to give evidence, sometimes at actual or perceived risk to themselves, the least they deserve is basic support, information and a say in how the system works.
As Casey pointed out: ‘Offenders have rights within the criminal justice system to ensure their interests are protected. And rightly so. However, victims make do with codes, charters and pledges.’ Labour should commit to legally enforceable rights for victims. They will then know what they can expect and will have the power to challenge where services are lacking.
Even when people are brought to justice, victims often remain unconvinced by the results. Public confidence in sentencing is weak. It is difficult for victims to understand what a sentence means, how long will actually be served and how an offender will be monitored upon release. Labour needs to commit to a sentencing framework where the victim’s experience is put first.
While judges listen to the experience of victims in impact statements, victims do not have any formal role in determining a sentence. We should explore the possibility of allowing them the right to provide a recommendation on the length or type of sentence, within clearly defined ranges available to the judge.
There is an implicit deal in our system – victims and their families do not take justice into their own hands whatever their outrage, anger or frustration. Justice for them and wider society is delivered through the criminal justice system. By failing to keep its side of the deal, this government risks adding to the distress of victims, reducing the likelihood of bringing criminals to justice and undermining confidence in the whole system itself.
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Jacqui Smith is a former home secretary
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