David Lammy’s jury reforms will ‘deepen mistrust of justice system among women and girls’
Dozens of organizations representing victims of violence against women and girls (VAWG) have called on the government to scrap plans to remove the right to trial by jury for some offences.
In a joint letter to justice secretary David Lammy, 30 groups warn that controversial plans for judge-only trials will deepen victims’ distrust of the justice system.
Groups including the End Violence Against Women Coalition and JUSTICE have called for sustainable investment across the system to tackle the underlying causes of violence against women, rather than obstructing jury trials.
Ministers tabled legislation in parliament last month to overhaul the court system and reduce the backlog of around 80,000 crown court cases by replacing juries with judge-only cases for offenses likely to attract sentences of less than three years.
The plans have been met with fierce opposition from some legal experts, while others insist changes are needed to prevent victims facing four-year delays to have their day in court.
The letter, published on Wednesday, argued that pitting the interests of survivors against those of defendants “oversimplifies” the justice system’s treatment of women and fails to recognize that women victims of violence are often criminalized themselves.
“We are deeply concerned that shortening jury trials leads to unfair outcomes that undermine justice for all,” they said, adding that there was no evidence that the changes would meaningfully speed up trials.
They say two-thirds of judges are men and they fear this could undermine confidence in the courts at a time when less than half of female victims have confidence in the overall fairness of the justice system.
The signatories also expressed fears the move could increase racial prejudice, citing a report Lammy produced while in opposition in 2017 that found juries were convicting defendants from ethnic minorities at similar rates to white defendants.
But other research has found that judges are more likely to give prison terms or longer sentences to ethnic minorities.
“It is extremely concerning to see this racial disproportionality translate into convictions in judge-only hearings,” they added.
Hannah Couchman, Senior Legal Officer for Women’s Rights, said: “Industry organizations are sounding the alarm over these proposals.
“Undermining one of the few mechanisms to incorporate diversity into decision-making and reduce courtroom bias will not resolve the backlog or address the experiences of trauma survivors at the hands of our justice system.”
Janaya Walker, interim director of the Coalition to End Violence Against Women, said they have long warned that the challenges victims face in a backlogged court system are “untenable”.
He continued: “However, we are surprised by the government’s general assertion that this set of proposals is in the best interests of victims and survivors of violence against women and girls (VAWG), without serious consultation with VAWG organisations.
“Putting women and girls against others in this way sets a worrying precedent, especially given the risk of harm to the most marginalized, including criminalized women.”
Fiona Rutherford, chief executive of law reform charity JUSTICE, added: “Victims of violence should be able to access reliable, timely justice. Juries are one of the most reliable parts of our system and deliver some of the most equal outcomes; cutting them off would further undermine rather than improve justice.”
A Ministry of Justice spokesman said: “No one has a more vivid and diverse experience of the justice system than the victim groups representing brave survivors across the country, and we wholeheartedly welcome all views as we progress on these vital reforms.
“We had a positive and constructive meeting with a number of signatories and look forward to working collaboratively with them on our reform package and an independent review of its implementation so that we can deliver fairer and faster justice for all.”
