The Coalition has dismantled universal access to justice

It’s an achievement in itself that the case has made it to the courts, given the Coalition’s relentless attacks on our justice system, including cuts to legal aid that have been especially devastating for women dealing with domestic and sexual violence.

When the Legal Aid, Sentencing and Punishment of Offenders Act was being debated in Parliament, I campaigned for a system that guaranteed the best possible protection for women subjected to domestic and sexual abuse. Some of the changes I proposed made their way into the final legislation but many did not – and women are now being failed by the strict new rules. For example, research by Women’s Aid found that the requirement to provide very specific forms of evidence to qualify for legal aid in domestic violence cases has resulted in more than half the women surveyed – all of whom were experiencing or had previously experienced domestic violence - being judged ineligible. The research also found that 61% of women took no action in the family courts because of not being able to apply for legal aid. The proposed new residence test is equally problematic, because it excludes migrant survivors of domestic violence, trafficking and forced marriage from legal aid.

The Coalition has effectively dismantled universal access to justice.

Even if women get to court, they face new hurdles as the result of other cuts to public spending. Before Christmas I spent some time at court accompanying domestic abuse charity RISE and a woman they have been supporting, who I will call Anna.  Anna pressed charges in an abuse case and the defendant was found guilty at the first trial but is appealing his conviction. The case offered a real insight into the way that austerity is impacting on women in the criminal justice system. Pressure on the courts caused by central Government cuts means that as many as 3 cases are routinely scheduled for the same time slot. Women like Anna have to psyche themselves up to confront their abusers, only to be sent home because their case has been postponed. The courts have always timetabled in more than one case in the same time slot to allow for the fact that charges get withdrawn, defendants change their pleas or other changes that mean a degree of flexibility is required. The difference now is that so many cases are competing for court time that the chances of a clash are incredibly high– and women survivors of domestic or sexual violence are particularly badly hit.

I’m calling for a new law, which would make domestic abuse a specific criminal offence for the first time. It would make a real difference to women’s lives. So would having a legal system that allows them to access justice in these cases through proper provision of legal aid.

Read Caroline’s letter to former Justice Secretary, Ken Clarke MP here and her comments in an opposition day debate here.

 

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