Prosecutors will have to meet alleged victims of crime before charges have been brought under plans to “ensure that their voices are properly heard”.
Ministers unveiled proposals as part of a “victims’ law” that will create published quarterly scorecards to measure the performances of criminal justice agencies. The legislation will also extend across England and Wales a programme that allows alleged victims of sexual and modern slavery offences to have their cross-examination pre-recorded outside the courtroom.
Dominic Raab, the justice secretary, set out plans that officials said would “guarantee greater consultation” with victims by the police and prosecutors.
Beginning a consultation, Raab said: “We have a moral duty to do better for victims, but as a practical matter that support will also help bring more criminals to justice and protect the public.
“Our plans will give victims a louder voice, a greater role in the criminal justice system, and make criminals pay more to help victims recover.”
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Provisions in the proposed legislation are designed to take “better account” of victims’ views “at regular points during their case”.
Officials said that the proposed law would include “an explicit requirement for prosecutors to meet the victims of certain crimes before making a charging decision in order to understand the impact”. Officials said that the crimes in that category would be determined in the consultation process.
Criminal law barristers warned that creating that requirement would further tax stretched resources at the Crown Prosecution Service. Jo Sidhu QC, chairman of the Criminal Bar Association, said that as the CPS was “already struggling to meet case-flow demand, the potentially hazardous notion of requiring personnel to meet with alleged victims pre-charge will likely drain much-needed human resources from the proper processing of evidence”. Sidhu added that the measures could result in “further failing anyone believed to be a victim before any criminal case has got off the ground”.
Diana Fawcett, chief executive of the independent charity Victim Support, welcomed the proposals and described the planned bill as “a real opportunity to improve victims’ experiences of the criminal justice system”.
She said the charity’s research had found that “victims do not always receive their rights and entitlements, and so the government’s focus on strengthening their rights is welcome”.
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Last June, Raab’s predecessor as justice secretary, Robert Buckland QC, announced that under future legislation police and prosecutors would be scored on their handling of rape cases.
In what will in effect introduce league tables for such bodies, the scorecards will be published twice a year and will show regional variations in performance.
Employees who fail to provide the necessary support to victims will face fines, disciplinary action and ultimately criminal sanctions, punishments similar to those available to the Financial Conduct Authority or the Care Quality Commission to hold staff to account.
