Fewer than half of victims believe they can get justice, new report finds
A new report from the Victims’ Commissioner for England and Wales reveals a widespread lack of confidence in the criminal justice system.
The report, based on testimony from more than 6,500 victims – the largest survey ever undertaken by Victims’ Commissioner Baroness Newlove – identifies systemic issues of poor communication, extensive delays and a failure to deliver statutory rights as key drivers of this low confidence. Victims reported feeling isolated, unheard, and treated like a ‘statistic’ rather than a person.
Fewer than half of victims (42 per cent) believe they can get justice, while just 46 per cent are confident in its effectiveness and only 51 per cent in its fairness.
Victims report being denied a voice at critical stages, with some refused the chance to read their Victim Personal Statement in court and only 14 per cent aware of their right to challenge a decision to drop their case.
Only a third of LGBTQ+ victims were confident they could receive justice by reporting a crime, while less than half of disabled victims and female victims were confident in the fairness of the justice system – a finding that echoes the Commissioner’s recent review on the systemic hurdles faced by disabled victims.
This lack of confidence presents a “clear barrier to reporting”, especially for certain crimes and demographics, says Baroness Newlove.
The survey found that 41 per cent of rape and sexual assault victims and 36 per cent of hate crime victims did not report the incident.
The disparity is also stark across ethnic groups: nearly a third (32 per cent) of Asian and black victims did not report the crime, compared with just over a fifth (21 per cent) of white victims.
Younger people were by far the least likely to report; the non-reporting rate for those aged 16-24 was 38 per cent, nearly double the rate for those over 34 (18-20 per cent).
Victims reported a range of factors which undermined their confidence, including a perception that justice agencies lacked the resources to be effective, and a sense that they would not be supported or believed.
Some victims cited a fear that police involvement may worsen the criminal behaviour; this was especially true in cases of domestic abuse, stalking and harassment and anti-social behaviour.
Perceptions of the police were nuanced. While fewer than half felt their case was investigated thoroughly (43 per cent) or that they were kept informed (40 per cent), this was balanced by a recognition of the resource constraints facing officers, and more than two-thirds (68 per cent) of victims reported they would still be willing to report a crime again.
However, this willingness was not universal, dropping significantly for victims of rape and sexual assault.
This disparity highlights that while resources are a factor, expertise is critical, says the report: positive experiences for these victims were consistently linked to specialist officer training, reinforcing the need to embed learnings from initiatives such as Operation Soteria nationwide.
The report highlights how procedural delays can lead to prosecutions becoming impossible when statutory time limits are missed, while court delays force victims of rape and sexual assault to wait years for a trial. Victims report that these waits have a severe impact on their mental health and leave them feeling their safety is at risk. Many victims feel they have no choice but to withdraw from the process to protect their wellbeing.
One female victim of assault said unnecessary delays by the Crown Prosecution Service “meant the perpetrator was unable to be charged with assault because they let six months go past through no fault of my own”.
Victims repeatedly stated that receiving updates would have significantly improved their experience, even when the outcome was not what they had hoped for. Conversely, the absence of communication left many feeling abandoned and in limbo.
Court delays were also worsened by poor communication. Many victims described arriving at court only to be told at the last minute that their hearing was adjourned, compounding an already stressful experience. Despite this, more than two-thirds of victims reported receiving good support from court staff, including Witness Service volunteers, ushers, and judges.
Notably, a fifth of victims reported that the conviction and sentence were not properly explained to them. This finding is particularly timely given the landmark sentencing reforms expected in the upcoming Sentencing Bill.
Baroness Newlove said: “This year’s Victim Survey is the largest ever, with over 6,500 voices sharing their experiences. For me, these voices matter. They are telling us not only what is working, but crucially where the system is failing victims, the very people it is meant to protect.
“One of the most striking and most worrying findings is the lack of confidence in the fairness and effectiveness of the criminal justice system. Most concerning of all, many victims told us they doubt they would receive justice if they reported a crime. That should trouble us all. If victims lose faith in the system, they may stop coming forward. Justice cannot be delivered if victims are silent.
“I believe all victims deserve to be treated with decency and respect. This means good communication, tailored support, and a clear understanding of their rights and entitlements. Sadly, this report sends a very clear message that we have a great deal of work to do to rebuild victim confidence in the justice system.”
Other findings showed that less than a fifth had heard of the Victims’ Code, with many forced to learn about their rights through their own research. Only 14 per cent had heard of the Victims’ Right to Review.
Only 27 per cent of victims recalled being referred to specialist support services, despite the majority who received support finding it vital for their recovery. For those referred, particularly victims of rape and sexual assault, lengthy waiting lists often created another barrier to accessing crucial support.
In addition, just 59 per cent of victims entitled to special measures – such as a physical screen to shield them from the offender, or a video link to give evidence remotely – had their options explained, with some advised against using these measures to appear more “convincing” to a jury.
And many victims reported never receiving court-awarded compensation, forcing some into financial hardship.
Police and crime commissioner (PCC) Joy Allen said the report “presents a dire insight into the journey to justice for victims of crime”.
The County Durham and Darlington PCC said it makes clear that “stronger action to rebuild confidence in policing and the justice system” is needed.
“This survey is an appalling indictment of the ongoing failures of our criminal justice system to protect and support people the very people it was designed for,” said Ms Allen.
“Some of the comments contained in this report are both harrowing and heartbreaking to read. They tell the story of victims of unimaginable horrors and trauma, let down, abandoned and failed at a time when they are at their lowest ebb and need help most. This is both inhumane and completely unacceptable.
“If we cannot even get the basics right, how can we possibly expect victims to support the duration of the investigative and court process or convince future victims to come forward?
“While there is a great deal of effort and innovation going on in individual force areas, we are an awful long way from uniformity – high-quality victim care is still a postcode lottery.
“This report highlights the absolute necessity of a new courts and tribunals inspectorate – something I have long fought hard for – placing the judicial system under unparallelled scrutiny to hold up a mirror to its failings so that drastic reparative action can be taken.”
The PCC has vowed to work with Chief Constable Rachel Bacon to deliver a “first-class service” to victims of crime in her Police, Crime and Justice Plan, placing their needs and voice “first and foremost” in the justice system.
She has pledged to ensure all police and commissioned services adhere to the Victims’ Code, ensure relevant agencies have suitable training to meet their code obligations and to implement a robust monitoring mechanism to improve the delivery of the Victims’ Code rights.
Ms Allen has also promised to introduce trauma-informed approaches to policing, ensure the lived experiences of victims inform improvements to criminal justice processes, and make better use of protective measures to keep vulnerable victims safe.