The next chunk of posts on a Welsh justice system and independence look at the judiciary, court system, legal profession and access to justice.
With hindsight, this should have been split up into shorter pieces as it ended up covering more topics than I originally planned. As a result, it’s one of the longest posts I’ve ever done – so apologies in advance to those of you who stick with it.
I looked at rights around police powers in Part VII, so this is a follow-up to that to look at broader due process rights.
Like last time, due process in the Constitution/Bill of Rights could include those matters which are seen to be permanent and unchanging. It would include rights that aren’t dependent on the circumstances a suspect finds themselves in and apply to everyone equally to ensure fair treatment by the justice system.
Powers in legislation would include those powers that would need additional flexibility to change with the times to adapt to new social conditions/social attitudes.
Rights of Victims
“Rights” in terms of the judicial system is perhaps all too often framed as being about people who are accused of crimes or believe they’re being harassed by the authorities. What about the victims of crime and their families?
Most victim support work is undertaken by third sector/charitable organisations, the main one being Victim Support – which is often formally backed/finance by police forces.
There are others too including but not limited to Women’s Aid (female and child domestic abuse victims), Llamau (female domestic abuse victims), Dyn Wales (male domestic violence victims), Survivors Trust (female rape and sexual assault victims) and SAMM (families of murder and manslaughter victims).
Organisations working with crime victims may offer counselling, other forms of support such as help claiming criminal injuries compensation or help to find alternative accommodation (where applicable).
The obvious right of victims concerns criminal compensation – more on that in Part XV. Other rights can remain in place including:
- The right to issue a Victim Personal Statement during trials to tell jurors (where applicable) and the court how a crime has affected them.
- A right to challenge decisions by public prosecutors not to pursue a prosecution.
- Sarah’s Law – A right to request information on the criminal background/criminal intelligence relating to anyone who’s in regular contact with children and may pose a risk to them.
- Clare’s Law – As Sarah’s Law but concerning convictions for violence or domestic abuse.
- As of April 2021, victims of crimes are told when offenders are released from prison and/or deported (where applicable) and victims of sexual crimes can choose the gender of their interviewer.
The UK Government have proposed a new “Victims’ Law” which will be introduced sometime during the current parliamentary term. Anything arising from that would presumably carry over after independence anyway.
The main question here is whether we want to continue with the fragmented, but a highly specialised, group of charitable organisations working with crime victims, or come up with something more formal and unified – effectively nationalising Victim Support.
Other than the cultural shifts needed to address wider issues like gender-based violence and substance abuse, it would be up to the Senedd what additional measures Wales could adopt. That could include:
- A register of people convicted of animal abuse (something previously raised in the Senedd). Animal abuse is usually one of the first signs that someone will go on to abuse people.
- Making information on adult unspent convictions publicly accessible. It would eliminate the need for most basic DBS checks.
- Simplifying and clarifying self-defence laws.
- Review powers to prevent crime, such as new procedures and rules around temporary curfews and making adequate street lighting a statutory local government responsibility.
