Victims’ commissioner quits with damning letter hitting out at ‘criminal justice system in chaos’

The letter was sent to new Justice Secretary Brandon Lewis (PA Wire)
The letter was sent to new Justice Secretary Brandon Lewis (PA Wire)

The victims’ commissioner for England and Wales has quit her post with a damning letter warning that the “criminal justice system is in chaos”.

The government asked Dame Vera Baird KC to extend her tenure until the end of this year after it delayed the recruitment of her successor by restarting the process in August.

On Friday, she announced that she would be leaving her post on 30 September, and a replacement will not be in place until next year.

In a letter to the new justice secretary Brandon Lewis, Dame Vera accused the government of “downgrading of victims’ interests”, “side-lining” her office and reducing access to ministers.

“Coupled with this, the Victims’ Bill remains inadequate and the ‘British Bill of Rights’ so severely threatens victims’ human rights that it undermines what little progress the Victims’ Bill is set to bring,” she added.

“Further, little has been done to effectively tackle the enormous and catastrophic backlog of cases … this has exposed victims of these crimes to intolerable delay, anguish and uncertainty. It is no exaggeration to say that the criminal justice system is in chaos.”

The Bill of Rights has been shelved by Liz Truss’s new government, but Dame Vera said she had been told that the withdrawal was temporary and the policy would be returning “in some form”.

She previously told The Independent that record court backlogs, exacerbated by government cuts and an ongoing barristers’ strike, was causing traumatised victims to drop out of cases and criminals to go free as some wait years for hearings.

Official figures show that prosecution rates have fallen to a record low of 5.6 per cent of all crimes in England and Wales, with only 1.3 per cent of rapes charged– a figure Dame Vera called “dire”.

The victims’ commissioner said the situation was “part and parcel of the gross underfunding of the criminal justice system that has been ongoing for a long time” and called for the government to urgently resolve a dispute over legal aid payments with the Criminal Bar Association.

In her letter to Mr Lewis, Dame Vera wrote that she was “encouraged to re-apply” for the post by Dominic Raab, then the justice secretary, and was “puzzled” over why the recruitment process was relaunched after the Ministry of Justice declared her an appointable candidate.

A government email sent to parties interested in the appointment process in August said: “It has been decided that making this significant public appointment would not be appropriate at the present time. As a result, the recruitment process is set to be relaunched.”

Dame Vera Baird, the victims’ commissioner for England and Wales, has refused to extend her tenure and re-apply for the post (PA Media)
Dame Vera Baird, the victims’ commissioner for England and Wales, has refused to extend her tenure and re-apply for the post (PA Media)

No further details of why the timing was not “appropriate” was not given, but public records suggest that the process stopped during the breakdown of Boris Johnson’s government.

The official Cabinet Office appointments website says that new applications for the post of victims’ commissioner are being taken until 10 October and that final interviews will not take place until December.

The watchdog represents the interests of victims and witnesses of crime by advising the government, police and the wider criminal justice system, as well as looking at key issues like the handling of rape and domestic abuse.

Dame Vera called the post a “unique and unrivalled office that delivers real and lasting change for victims”, adding: “It has been an honour to represent victims’ interests during a period of immense and unprecedented challenges, most notably Covid-19.

“While the pandemic is abating, the criminal justice system has only sunk deeper into crisis. A strong, independent Victims’ Commissioner has never been more important.”

It follows a series of other delays and controversies over high-profile public appointments, including the chair of Ofcom, director general of the National Crime Agency, Commissioner for Countering Extremism and Independent Anti-Slavery Commissioner - a post that has remained empty since April.

The Ministry of Justice declined to comment.