THE relationship between the system and the individual is a regular topic on these pages. Usually the subject is politics, and the next iteration of the belief that a slight tweak to the system will somehow address fundamental concerns around deep-seated voter apathy.
But this week it is the legal system which is the focus, and specifically how it treats those who report allegations of domestic abuse or sexual violence. Great strides have been made in recent years around general awareness of both those issues, and that has resulted in a much wider understanding of what is, and what very definitely isn’t, acceptable behaviour – and the action that can be taken if you believe you have been made a victim.
The States Police, as just one example, have worked hard to address how they relate to someone making an allegation, to make sure they feel their voice is being heard. It seems that the next step is now for the legal system itself to consider similar reforms.
This week sees the publication of the Laws Review, an independent examination of how that system responds to some of the most serious crimes, making 18 recommendations to help those who feel what is described as “general lack of trust in the criminal justice system.”
All 18 have been accepted by the Bailiff Robert MacRae, who has pointed out that change is already underway, not least with improvements to the legislation itself which proscribes these offences.
But he also notes that further change is now needed to way the legal system treats the individuals themselves, in key areas such as better communication with alleged victims after they make a complaint, so that they fully understand the process they are now in, and they know the clear rationale for decisions which have been made about their case.
Those important changes extend to the physical manifestation of ‘the system’: the Royal Court building itself. Clearly it was never designed for the demands which we now make of it, and the facilities it contains need a lot of work to accommodate the volume of cases it needs to hear, and so reduce the current delays; it needs to do much more to make sure vulnerable witnesses feel secure when giving their evidence.
Essentially the proposed changes all have a common root: it is an acceptance that following much work to raise awareness around domestic abuse and sexual violence, and ongoing changes to the relevant legislation, the way the legal system itself relates to the individuals who need its help, now needs to change too.
