Jersey’s legal system is failing too many people who report domestic abuse, rape and sexual assault, leaving victims confused, anxious and disengaged, according to a landmark independent review – which warns that outdated court facilities, delays and poor communication are undermining justice.

Published today, ‘The Laws Review’ – an independent, 53-page examination of how Jersey responds to some of its most serious crimes – makes 18 recommendations aimed at “improving outcomes for victim-survivors and justice”.

The landmark review – led by Eleanor Laws KC – was commissioned following testimonies from victim-survivors who described a “general lack of trust in the criminal justice system” and negative experiences after reporting abuse to the independent Taskforce on Violence Against Women and Girls in Jersey (VAWG).

Ms Laws’ appointment follows 35 years of experience across both prosecution and defence concerning “the full gamut of violence against women and girls.”

While the report acknowledges committed professionals and areas of good practice, it concluded that delay, poor communication and systemic weaknesses are undermining justice, contributing to victims feeling “unimportant and disengaged from the whole process”.

At the heart of the review are in-depth interviews with victim-survivors of domestic abuse, rape and sexual assault.

Their experiences, which shaped the findings of the review, pointed to:

  • “Delay in connection with most aspects of the system, including the case reaching trial”
  • “Confusion and/or uncertainty” about charging decisions and case progress
  • “Frustration, fear and anxiety” caused by unwanted contact from the accused and “over-zealous cross-examination by defence advocates”

The review suggested that the cumulative effect of these experiences was profound and may erode trust in the system.

Indeed, the report noted that while recent statistics had shown “the number of domestic abuse crimes reported in Jersey [had] steadily increased since 2020… the numbers who wish to support a prosecution are declining”.

In the review’s introduction, 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.

On the Royal Court issue, Ms Laws told how she recently witnessed a trial in court two during which a complainant in a domestic abuse trial “gave evidence behind a fabric curtain just a few feet from the defendant”.

What should be done?

There were a total of 18 recommendations – some of which, the report acknowledged, were already being acted on. Among the key themes were…

Mandatory vulnerable witness training

The first recommendation calls for mandatory vulnerable witness training every three years for professionals across the criminal justice system, including judges, advocates, the States of Jersey Police, court staff and representatives of JDAS and FREEDA.

The review notes that current training arrangements are inconsistent and, in some cases, voluntary.

Information and communication

Ms Laws also calls for “all relevant material” relating to bail applications to be provided to the Law Officers’ Department before charging decisions are made, to improve consistency and decision-making.

She also highlights the need for a “single point of contact for the support of complainants”, to be decided on a case-by-case basis, to address confusion and possible disengagement.

Addressing charging decisions, Ms Laws recommends that the Law Officers’ Department explain in clear terms why charges are withdrawn.

She accepted that such decisions are “based on a detailed assessment of the evidence and applicable law and guidance”, but noted that it is “natural for complainants in such cases to feel distressed”.

An explanation in “clear terms”, Ms Laws wrote, might avoid women and girls “erroneously blaming themselves” because of a “vacuum of information”.

Improving the Royal Court building

All the above recommendations, it was noted, have been accepted and, in some cases, already adopted by the relevant bodies.

Ms Laws’ tenth recommendation however – concerning the capacity of the Royal Court – will be subject to future discussions between the Bailiff’s Chambers and the government.

In this key recommendation, she said: “It is apparent that the increased volume of cases tried by the Royal Court, taken together with inherent limitations to building capacity, have led to delays in listing new trials.

“Such delays are exacerbated by the limitations of the historic Royal Court building.

“I therefore recommend that the GoJ urgently work with the Bailiff to increase Royal Court capacity and ensure that court infrastructure is suitable to accommodate RASSO [rape and serious sexual offences] and domestic abuse trials, which invariably involve vulnerable witnesses availing themselves of special measures.”

The legal professional added 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 the advocates.

Easing court delays

Sweeping recommendations are also aimed at easing court delays for victim-survivors.

The barrister asked that more be done in the defendant’s first appearance and said her recommendations would “dispense with an unnecessary” indictment hearing heard at Friday’s Samedi court.

Personal statements

Ms Laws next stated that victim-survivors should be permitted to read Personal Statements at sentencing hearings, before going on to consider an introduction for official Jersey Sentencing Guidelines for sexual offences.

Retrial reconsideration

One of the final recommendations called on legislators to “re-consider the question of re-trials when a jury cannot reach a majority decision, or when compelling fresh evidence emerges post conviction”.

Ahead of the report’s publication, the Home Affairs Minister yesterday put forward proposals relating to retrials.

What happens next?

The review concludes that more work is needed to ensure victims feel “properly supported and remain engaged in the process”.

A follow-up review is planned for 2027 to assess whether promised reforms have delivered real change.

The Bailiff, Robert MacRae, commented: “I welcome the independent review carried out by Eleanor Laws KC. As Ms Laws says, there have been great improvements in the Jersey criminal justice system over the last ten years, some of which work extremely well.

“Ms Laws observes that the relevant Jersey criminal justice legislation has recently been the subject of substantial and successful reform, which provides a strong foundation for the investigation, prosecution and trial of criminal offences.

“Nonetheless, there is more work to be done to further improve outcomes for victims and those charged with serious offences. I accept all the recommendations that concern the work of the Courts. As the Report notes, [some recommendations] have already been implemented – prosecuting counsel is now given the opportunity to meet complainants immediately after they have given evidence, and victims are permitted to read their statements to the Court at the sentencing hearing if that is their wish.

“The Courts of Jersey will work with other stakeholders, including government, to ensure that the other recommendations are implemented as swiftly as possible.”

Responding to the review, Detective Superintendent Alison Fossey said: “We welcome this Review and its clear recognition of the hard work already undertaken by our officers, staff and partners to better support victims of domestic abuse, rape and sexual assault. Over recent years, we have invested in strengthening our investigative capability, including adopting Operation Soteria principles, improving training and working more closely than ever with prosecutors and specialist support agencies.”

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