Updating Jersey's Royal Court should be a government priority

Jersey's Royal Court needs updating to prevent more issues and delays to the trials of cases involving violence against women and girls.

An independent review by UK barrister Elizabeth Laws KC has been completed, following a recommendation from the VAWG Taskforce in 2023.

Known as The Laws Review, it has uncovered the experiences of victim-survivors in going through the criminal justice system and exposed other shortcomings.

A total of 19 recommendations have been given.

Key to this is the revelation that the Royal Court is not fit for purpose for trials of this nature.

It has been suggested that the government and the Bailiff work on improving capacity, as it is expected that cases of rape, serious sexual offences and domestic violence will increase as more survivors come forward.

Ms Laws says that, due to the layout of the main court, witnesses may not be able to give their best evidence.

"There isn't a secure dock, and the other courtroom is potentially too small; there are going to be an increasing number of these cases which need to be tried, and it will become even more of an issue than it is already."

Elizabeth Laws KC

One of the recommendations is that mandatory training be given to those involved in the criminal justice system every three years.

The barrister says it is 'vital' that everyone is trained.

"It will improve everybody's ability to deal with vulnerable witnesses within the trial process and to ensure a fair trial."

During the review, victim-survivors reported 'over-zealous cross-examinations' by defence advocates.

Ms Laws says, although she did not witness this during her time, even one 'over-zealous cross-examination' is one too many.

"I think the training that judges and advocates get already puts them in a position where everybody knows the limits, but you need to have repeated, continual training to ensure that there isn't anything that slips through the net."

Victims also reported feeling 'unimportant' after the case had concluded, regardless of the final verdict.

Elizabeth Laws says that the feelings the victim experiences going through the whole process and any sense of disenchantment can often get overlooked because people are working towards the case itself.

"It's really important to ensure that is not the case, and the key to trying to do that is continued communication before, during and after the trial and acknowledgement of their role and the importance of their contribution to the process."

Quotes from the Violence Against Women and Girls Report 2023

Another recommendation is that the police and the Law Officers' Department should work together to create an action plan for rape and other serious sexual offences in 2026.

States of Jersey Police is committing itself to delivering the plan and adopting Operation Soteria,  a victim-focused national scheme for the investigation of rape and serious sexual offences.

Detective Superintendent Alison Fossey says SOJP welcomes the review.

"Eleanor Laws KC is absolutely right to emphasise that meaningful and lasting change depends on collective effort.

"We remain fully committed to working closely with all partners to ensure victims feel supported, informed and heard at every stage."

Despite the recommendations, Elizabeth Laws has praised the island for already making significant progress, with several improvements already implemented.

The Bailiff, Robert MacRae, has accepted the suggestions affecting the courts.

"There is more work to be done to further improve outcomes for victims and those charged with serious offences.

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