A new report from Northumbria Police and Crime Commissioner Vera Baird DBE QC highlights how even small changes to court processes based on the observations of a unique scheme of Court Observers could help improve the rape conviction rate.
The 12 observers, local members of the public, watched on a rota basis 30 rape trials at Newcastle Crown Court between January 2015 and June 2016.
The report “Seeing is Believing” was published on 20th February 2017. As a result of the observations changes have already been made by the Judiciary and the CPS to local working practices.
Dame Vera said:
“We have called this report “Seeing is Believing” because it sets out what 12 members of the public have seen and noted. These individuals have watched 30 rape trials over eighteen months. What they have seen has happened. They had no other purpose but to watch. They have no axe to grind, no partiality, and so far as we know none of them had met any of the other observers before they started their work – a bit like a jury.
“We hope that what the observers saw can help our local criminal justice agencies ensure that more trials become like the best ones that were seen. We have already passed on some simple information which has made a difference.”
Dame Vera adds: “The observers were able to see what participants in the court process will not have seen. Their overview, as members of the public, from outside the local criminal justice culture is an entirely unique perspective on how rape is being tried and how in Newcastle Crown Court these important, difficult and delicate cases are being run.
“Although there is criticism in this report, there was much in what the observers saw that they applauded. Throughout the report examples of good practice appear and are thoroughly commended.”
Recommendations
Recommendations include that ISVAs (Independent Sexual Violence Advisers) are allowed to stay with victims while they give their evidence.
That all prosecution barristers meet with complainants ahead of trial to explain the process and make them feel valued and involved; that technical equipment in the court room properly works.
Arrangements ensure that complainants and defendants do not meet and that evidence of previous sexual conduct is not introduced into the proceedings without proper applications.
Dame Vera concludes: “We can draw no causal link between anything observed and the outcomes, although clearly many of the matters raised in the report are capable of having played a role.”
“This was an extensive piece of work which could not have been delivered without the support and commitment of the court observers and other partners. I am grateful to all for their efforts”.
Of the 25 cases which were finally resolved (5 cases were to be re-tried) 6 were guilty verdicts and 19 were acquittals. 6 guilty verdicts from 25 cases is a charge to conviction rate of just less than 25%.
The report notes how the complainant’s previous sexual conduct was used in 11 of the 30 cases.
In 7 of those 11 cases the proper procedure – to apply for the judge’s consent well ahead of trial with notice to the prosecution – was not followed. There was either no application at all or it was made at trial without notice. While Judges are understandably reluctant to refuse to hear late applications in case there is material relevant to the defence, the effect is to ambush the complainant and the prosecution.
In 2 of the 7 cases, defence barristers simply made allegations of previous sexual conduct to complainants in front of the jury, with no application and no consent. In a 3rdcase, the defendant himself blurted sexual allegations out, observers noting that neither the prosecution nor the judge intervened.
The report continues:
“In most of the 11 cases in which sexual conduct was used it related to sexual conduct with other men.
In trial 1 the defence sought expressly to use sexual conduct with other men to discredit the complainant. The defence barrister said that it was to show that: “she is an adulteress”.
In trials 12, 14 and 20, previous sexual conduct with other men was used with a catalogue of non-sexual behaviour such as shoplifting, being suspended from the nursing register and taking drugs, to discredit the complainants. (No observers recorded any argument that this material was relevant to any other issue in any of these trials).
Report continues at http://www.northumbria-pcc.gov.uk/seeing-is-believing-dame-vera-baird-qc-launches-a-new-report-on-northumbrias-unique-court-observers-scheme/
Download the report from http://www.northumbria-pcc.gov.uk/v2/wp-content/uploads/2014/08/Seeing-is-Believing.pdf
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