JERSEY’S courts display “confused and inconsistent” sentencing procedures for sexual offences while poor communication is undermining justice, an independent review has found as it called for sweeping changes of the criminal system.
Published today, the report found that Jersey’s legal system is failing too many people who report domestic abuse, rape and sexual assault; leaving victims confused, anxious and disengaged.
The review was led by barrister and part-time judge Eleanor Laws KC, who has more than 35 years’ experience both prosecuting and defending incidents of violence against women and girls. She relied on extensive first-hand testimony from victim-survivors of domestic abuse, rape and assault to form her conclusions.
A total of 19 recommendations were put forward in the report for improving outcomes for victims-survivors.
The review comes on the back of a separate report published in November 2023, which was produced by an independent taskforce on Violence Against Women and Girls in Jersey, which called for an independent review of the Jersey criminal system as to whether the current arrangements deliver the best outcomes for victims, defendants, and justice.
While Ms Laws’ report acknowledges Jersey’s legal system has committed professionals and areas of good practise, it concluded that delay, poor communication and systemic weaknesses are undermining justice.
The barrister made pointed references to the limitations of the Royal Court as a vehicle for administering justice, as well as Jersey’s “confused and inconsistent” sentencing procedures for sexual offences.
Ms Laws recalled how she had recently witnessed a trial at the Royal Court during which a complainant in a domestic abuse trial “gave evidence behind a fabric curtain just a few feet from the defendant”.
She suggested building in several features to the court to remedy ongoing problems faced by victim-survivors and stated that it was “unsatisfactory that Jersey’s principal court cannot accommodate the most serious cases and dangerous defendants”.
Further recommendations were made for a permanently installed secure dock, more comfortable seating for the jury and a ‘Robing Room’ to facilitate communication between advocates.
Ms Laws also recommended easing court delays, although acknowledged that she felt “embarrassed” by the discrepancy between Jersey and UK delay times.
Nevertheless, it was suggested that more be done in the defendant’s first appearance to “dispense with an unnecessary” indictment at Friday’s Samedi Court.
It was heard that all 19 recommendations put forward by Ms Laws have been “accepted” by all relevant stakeholders, with several recommendations already in place.
During a presentation of her findings held yesterday the barrister emphasised her gratitude to victim-survivors.
“[They were willing] to revisit a time of their lives which was incredibly painful in order to bring about improvements and change”, she said.
She said the biggest problem referred to in her interviews was not necessarily the outcome of the trial, but their experience during it.
“Significantly, a number of victim-survivors expressed that their experience of the system has left them feeling unimportant, and disengaged from the whole process.”
But she added that this review ensured victim-survivors were listened to, and praised the government’s resolve in in ensuring momentum from the previous taskforce report was not lost.
Speaking to the JEP, Ms Laws said: “The fact that the key individuals within each of the stakeholder groups either know each other, or know of each other, and have the ability to communicate directly, it means decisions can be made – important decisions – not just on a case-by-case basis but about policy and making changes.
“[These decisions] can be put into effect really swiftly.”
Home Affairs Minister Mary Le Hegarat said that the review was a success and said her team had already moved to implement several of the review’s findings.
She said: “That can be the value of the fact that we are a small island of 103,000 people, so that means we know each other and we are able to deal with each other.”
The Deputy, though, sounded a cautious note on improving the capacity of the Royal Court.
“It has to be acknowledged by all of us that the court building is historic, and to make any changes to it is going to be difficult,” she said. “[The facilities] are not ideal; we need to look at what facilities a modern society needs in their courts and actually do something about trying to facilitate that.”
Kate Wright, chief executive of Domestic Abuse campaigning outfit FREEDA and chair of the Violence Against Women and Girls Taskforce, told the JEP that the review was a “huge step forward.”
She said: “I wasn’t sure if the [VAWG research] would ever be accepted and it has; and what we have today with The Laws Review is a really big step forward, it’s a strong platform.
“I think it’s really important that we listen to what Eleanor has said because she’s really listened to victim-survivors and that’s absolutely key, and that’s not what’s been happening.”
Ms Wright continued: “She said very clearly that victims who’ve come through the criminal justice system – regardless of whether they’ve had a positive outcome or not – more often than not they are feeling very unimportant, disengaged and sometimes really traumatised by the process.
“It’s pretty clear that the system is still not working for survivors, so it’s absolutely imperative that we do what Eleanor has done, and we put survivors’ voices right at the heart of this, and that all stakeholders really listen with humility.”
The States of Jersey Police said yesterday that they “fully endorse” all recommendations included in the landmark review.
Detective Superintendent Alison Fossey said: “Eleanor Laws KC is absolutely right to emphasise that meaningful and lasting change depends on collective effort. We remain fully committed to working closely with all partners to ensure victims feel supported, informed and heard at every stage. This collaborative approach has already delivered progress, and we will continue to build on it.”
