This old legal principle is becoming increasingly relevant.
With all of the recent headlines of violence and disorder around the UK, you could be forgiven for missing a BBC News Article by the highly regarded BBC social affairs correspondent Michael Buchanan, titled 'My rapist is now my stalker'; woman blames years of police errors.
The article focuses on the story of a woman, 'Samantha', who bravely reported that she was raped in 2017 and was subsequently stalked by the suspect, who, following a catalogue of awful delays, errors, and case mismanagement, won't face trial until 2025. The effect of all of this would have been devastating for her. The criminal justice system's lack of quality and delays are now a national scandal. This is further exacerbated by the lack of prison space, which affects trial judges' ability to meaningfully sentence offenders.
Recently, Critical Friends Ltd (CFL) supported a client who was the victim of a serious property crime with an identifiable offender. Naturally, the first reaction is to go to the Police, but unfortunately, we know from other cases that the likelihood of the complaint landing with an experienced Detective was very remote. Police now favour voluntary interviews and releasing suspects under investigation while files are prepared for CPS review, further prolonging the process. We have recent experience of property-based crime, which took over four years to reach the courts. Our client chose a different option and redress with us; however, we collected evidence to the required evidential standard if that position changed. Coincidentally, we have just assisted another client with a 'Victim Right to Review' to get CPS to reinstate charges.
There is no criticism of individuals working in the criminal justice system; they are equally frustrated with the system's underinvestment and slow collapse.
Politicians are quick to make statements about bringing rioters to Justice without considering how, by whom, and which cell space they will occupy. Meanwhile, cases like 'Samatha's' will become more common as the Police and CJ System struggle to cope.
The gaps in the Criminal Justice system could be filled to some extent by the Professional Investigation sector, but sadly, only for those who can pay for it. More thought needs to be given to this and what solutions our industry could offer, particularly securing evidence and supporting victims to get cases before the courts.
Within the ABI Network, companies like CFL can support victims of crime by investigating and securing crucial evidence required by the Police and CPS to make efficient charging decisions.
Author: Andy Nightingale (F/2237)
