Rape and child abuse suspects roam free as justice system ‘on brink of collapse’

Suspects of rape, child abuse and other serious crimes are roaming free as the justice system teeters on the verge of collapse.

Long delays in cases reaching court are robbing victims of swift justice.

They are facing months and sometimes years of stress waiting to give evidence – and in some cases withdraw their complaint because of the strain.

The problems stem from the physical closure of courts – more than 200 over a 10-year period – and underfunding.

Many have been sold off for private development while others are in such disrepair they have had to close.

Those still operating are supposedly “full” when in reality they no longer operate full time because of cuts.


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Lawyers blame the crisis on Government measures which have drastically reduced the number of court sessions.

Trials of paedophiles are in danger of being abandoned because crown court delays of more than two years renders a child’s evidence unreliable.

In one case, the alleged rape of two girls aged nine will not reach court until a full three-and-a-half years after the complaint was made.

Leading criminal barrister John Lucas said: “The justice system is central to the way society works. If it fails, society as a whole fails.”

Damning examples of failure include a case in northern England where a child killed herself after the trial of a defendant charged with possessing indecent pictures of her was severely delayed.


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In Winchester, Hants, the family of a man accused of killing a motorcyclist by careless driving was told the case would not come to trial for 18 months.

A recent survey showed up to 40 per cent of crown courts in England and Wales are sitting idle due to fewer sessions being held.

The Ministry of Justice has cut the total number of days it will pay for by 15 per cent over the past year – down from 97,400 to 82,300.

More than 125 courts have closed in five years, with 77 more due to shut in the next five. Ministers say the closures are part of a modernisation programme and that new technology will fill the gap.

But lawyers warn alternatives such as video link cannot keep pace with the rate of court closures.

The courts backlog ­coincides with a new police procedure of suspects “released under investigation” (RUI) rather than being bailed or charged. Those cases then take even longer to process.

Lawyers say this has hit police morale as convictions and clear-up rates tumble. It is even suggested police have abandoned charges against alleged offenders fearing they are never likely to reach court.


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In central London, the closure last month of Blackfriars courthouse – being turned into posh apartments – led to 300 cases being transferred to other struggling courts.

Another court in London has a backlog which means no more cases will be listed until December. In Bradford, four of the city’s eight criminal courts shut recently.

Complex cases with multiple offenders are being held until next year “up and down the country”, according to one barrister.

The MoJ says court sessions are under “constant review” and an extra 700 days had been allocated – which the Criminal Bar Association claims is insufficient.

An MoJ spokesman said: “All serious cases such as child abuse will be allocated court days and be prioritised.

"We are happy to investigate any instance if there are specific details. But it is extremely unlikely cases involving paedophilia would be delayed for this reason. There are many variables.”

The National Police Chiefs Association confirmed a “significant” rise in the use of RUI orders but said it was partly due to changes in the bail system.

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Barrister John Lucas has compiled a dossier on the failing judicial system and spoke to the Sunday Mirror out of concern that victims of crime are suffering .

Mr Lucas, who practises in crown courts across the country, said: “Criminals must be rubbing their hands in glee. As well as the more serious cases of child abuse and rape, offenders who ought to be facing the consequences of their actions such as domestic violence and burglary are avoiding either charge or sentence because the system is collapsing.”

A member of Farringdon Chambers and the Criminal Bar Association, he adds: “The most awful thing is that no one is shocked, this is usual. This is now normal. We are told the courts are full when there is a desperate need for more. At the core of any civilised society is a functioning criminal justice system. It’s an RSJ holding the structure together. This one is failing.”

He says the crisis has hit police morale and performance because arrests do not lead to convictions and case “clear-ups”.

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