Is the British Criminal Justice System Biased Against Victims?

Here are a few of the main obstacles:

• Reporting to police who seem uninterested: Victims can feel that authorities are not taking their case seriously and may even feel blamed for their situation.

• Being told your case isn’t strong enough: Many victims hear that there’s not enough evidence to proceed, often without a clear explanation, leaving them feeling let down by the system.

• The hurdles of getting to court—and the emotional toll of trial: Despite efforts to speed up cases, victims still face long delays and the emotional strain of facing the accused in court.

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Addressing the Challenges: A Closer Look

1. Reporting to Police Who Seem Uninterested

One of the most significant obstacles victims face is feeling dismissed by the police. The first step of reporting a crime can be daunting, and victims expect empathy and urgency. Instead, some report feeling like the authorities see them as the problem.

This is particularly true for survivors of grooming gangs, who often say their complaints are ignored. This mirrors past systemic failings, like those exposed in a landmark BBC documentary in the 1980s. The program revealed how Thames Valley Police mishandled a rape allegation, leading to public outrage and reforms, including establishing a dedicated rape squad with female officers.

Today, similar systemic change is needed to address how grooming gang victims are treated. Just as public pressure led to reforms decades ago, raising awareness and demanding accountability now can drive improvements.

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2. Being Told Your Case Isn’t Strong Enough

Many victims are understandably frustrated when they hear that there isn’t enough evidence to take their case to trial. For them, the courtroom represents both justice and closure. However, the Crown Prosecution Service (CPS) must ensure that only cases with a realistic prospect of conviction go to court.

• This can feel unfair, but moving forward with weak evidence risks not only failing to convict but also undermining the justice system itself. A decision to drop a case does not reflect on the victim’s credibility. Victims remain entitled to support and guidance.
  

While it may seem that perpetrators go unpunished, the system’s priority is to allocate resources efficiently to cases most likely to result in a conviction. Moreover, even when cases don’t go to trial, victims’ stories can still shape policy and awareness, as seen after the Jay Report exposed widespread failures in protecting grooming gang victims.

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3. The Limits of Punishment and the Balance of Justice

Even when offenders are sentenced, victims often struggle with the reality that they may eventually be released. The CJS operates on the principle that once a sentence is served, the offender’s right to freedom is restored, regardless of the crime’s severity.

Mechanisms like restraining orders help manage risks, but they don’t guarantee absolute safety. Breaching these orders leads to further consequences, but they are not foolproof. The challenge is balancing public safety with legal principles, including rehabilitation and reintegration.

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4. The Impact of Prison Overcrowding

Victims sometimes feel betrayed when offenders receive lighter sentences or early release. This perception often stems from issues with prison overcrowding. With limited capacity, the system must make difficult decisions about how to best use available space.

This situation doesn’t necessarily reflect bias against victims but rather a broader systemic problem. Addressing overcrowding with comprehensive prison reforms would help ensure that justice is served more consistently. Until then, the CJS must balance the rights of offenders, the safety of society, and the fair treatment of victims.

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5. The Reality of Trial Delays

For many victims, the trial represents the final step toward justice. Yet, delays—sometimes stretching over a year—can feel like another betrayal. Despite perceptions, cases involving violent crime are prioritized over other serious offences, such as complex organized crime cases that may take years to reach trial.

Speeding up victim trials further would mean delaying cases of serious criminal networks, creating justice imbalances. Therefore, improving overall efficiency within the system is key to reducing delays for everyone, including victims.

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The Struggles of Court Trials

Facing the accused in court can be deeply distressing. Recognizing this, the Domestic Abuse Act 2021 prohibits direct cross-examination of victims by perpetrators in family and civil courts. Instead, qualified legal representatives conduct these cross-examinations, reducing trauma.

Despite these improvements, victims may still face tough cross-examinations, as fairness to the accused remains a core principle. Balancing rigorous justice with victim protection continues to be a work in progress.

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Victim Impact Statements

During sentencing, victim impact statements give individuals the chance to express how the crime has affected them. These statements help judges understand the emotional and psychological tolland are a crucial part of ensuring that victims feel heard and acknowledged.

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Moving Forward: Justice Beyond the Courtroom

For victims, moving forward often means reclaiming control over their lives. The justice system aims to support this by offering protection, legal redress, and avenues for closure. While the system can’t undo the harm, it can lay the foundation for healing through continuous reform and victim support services.

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Conclusion: Balancing Roles and Limitations of the Criminal Justice System

The criminal justice system must balance public safety, fair punishment, offender rehabilitation, and victim needs. While it strives to support victims, it cannot fulfill every expectation, partly due to practical limitations and the need to maintain fundamental legal principles, such as presumption of innocence.

There are undeniable failures and injustices, but real improvements come from persistent advocacy. Recent reforms, such as those reducing excessive cross-examination of vulnerable victims, demonstrate that system evolution is possible.

Some dissatisfaction stems from broader inefficiencies within the CJS, which can only be resolved through comprehensive reform. Addressing court backlogs, resource shortages, and communication issues would help deliver more balanced justice for all involved.

While the system may never fully meet every demand, ongoing reforms can better address the diverse roles it must fulfill. Balancing the needs of victims, offenders, and society is not easy, but through persistent effort and targeted improvements, progress is achievable.

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Well, that’s all for now. But until our next article, please stay tuned, stay informed, but most of all stay safe, and I’ll see you then.