Scrapping of jury trials will do ‘next to nothing’ for rape victims – Jenrick

David Lammy’s plans to scrap jury trials in some cases will do “next to nothing” for victims of rape caught up in the courts backlog, shadow justice secretary Robert Jenrick said.

The Justice Secretary announced plans to reserve jury trials for the most serious offences such as murder and rape, and those with a likely sentence of more than three years in prison, in a bid to lessen pressure on the crown courts.

Following the announcement, Mr Lammy appeared to draw correlations between the court delays and victims withdrawing from the justice process.

In the Commons, justice minister Sarah Sackman said delays are a “key factor” in victims’ decisions to withdraw from the process.

This came in response to Mr Jenrick who accused the Government of “slashing jury trials under false pretences”.

He said: “The Justice Secretary suggested that 60% of those who report being raped are now pulling out of cases because of court delays.

“But Home Office statistics show this year, only 9% of rape cases were abandoned after a charge was brought.

“That is not good enough, but the fact is, the figure is down.

“And the number of victims-based prosecutions is near its peak, and in some parts of the country, the backlog is far, far lower, and rape cases are rightly being prioritised.

“The Justice Secretary’s plans will do next to nothing to cut backlogs for rape victims, but his claims are certain to further erode the confidence women have in the justice system.”

Mr Jenrick added: “If the Government wants to make a major change to our constitution, something that we have enjoyed for 800 years, it should do so on the basis of facts, not baseless claims.”

Mr Lammy, who is also the Deputy Prime Minister, had told Sky News: “If a woman is, sadly, raped in our country today, she will likely have her trial come on in 2028, maybe 2029.

“That’s a long time for her to wait.

“Victims of rape are pulling out, 60% are pulling out of cases, witnesses fall away, and the trauma of waiting is too hard.”

Responding in the chamber, Ms Sackman accused the Tories of defending the status quo.

“There is not a single person who works in the system – not the barristers, not the prosecutors, not the judiciary, not court staff, not anyone that I have met, not victim, not juror that has encountered the system that thinks it is working as it should,” she said.

She had earlier said: “(Mr Lammy) told LBC that 60% of victims of rape are actually pulling out of cases before they come to trial.

“That statement is accurate.

“It is unacceptable that around 60% of victims who report rape drop out of the criminal system.

“And we know, after speaking to victims, to campaign organisations, to those that represent those victims and support them, that for many, the fact that their trial may not come to court for several years is a key factor to them deciding to withdraw from the process, or perhaps not to even report the case at all.”

Liberal Democrat justice spokeswoman Jess Brown-Fuller argued while “far too few” rape victims see justice served, less than 10% withdraw after a charge has been made, so Mr Lammy’s use of the data to justify reducing jury trials “doesn’t hold up to scrutiny”.

She said: “The delays that plague our system will not be addressed by reducing jury trials, with the Government neither diagnosing the cause of the crisis or providing the solutions to the record backlog.”

Ms Sackman replied: “Victims pull out for many reasons.

“It’s difficult to know exactly what is going on in a victim’s head at any one time, but we know that for many – and we all know what the delays are in our courts, we all know everyone is aware of how re-traumatising the court process can be and how lengthy the delays are.

“We know from Rape Crisis, for example, that one in three sexual offence trials are the subject of adjournment, so not just the delay, but thinking you have a trial date only for it to be put off.

“No one can say that that is defensible, and for many, the fact that they might not come to court for years is key to them withdrawing from the process at whatever stage.”