Senior barristers have accused Justice Secretary David Lammy of distorting figures on collapsed rape cases to justify reforms that would halve the number of jury trials.
Mr Lammy has suggested several times that 60 per cent of victims withdraw from cases due to delays in the court system.
However, figures show the vast majority of rape cases never reach the courts because of policing delays, and only 8 per cent of victims pull out once a charge is brought.
The Justice Secretary told Sky News: “If a woman is, sadly, raped in our country today, she will likely have her trial come on in 2028, maybe 2029.
Mr Lammy has suggested several times that 60 per cent of victims withdraw from cases due to delays in the court system
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GETTY“That’s a long time for her to wait. Victims of rape are pulling out – 60 per cent are pulling out of cases – witnesses fall away, and the trauma of waiting is too hard.”
Labour members were sent a 13-page briefing outlining the main points they could use to justify the policy, including the claim that “in rape cases, 60 per cent of those who report being raped are now pulling out before trial.”
However, Chris Henley KC said much of what Mr Lammy says to defend the proposals is inaccurate.
“He must know. It’s really cynical,” the barrister added, noting that delays or victims changing their mind before charges are brought cannot be blamed on the court backlog.
The Justice Secretary was accused of being either ‘cynical or staggeringly gullible’ about the figures
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PAMr Henley accused the Justice Secretary of being either “cynical or staggeringly gullible” about the figures.
He said: “It’s a cowardly betrayal of everything he said in his 2017 review [on the jury system] and what he has repeated since.”
Meanwhile, the Criminal Bar Association’s Andrew Thomas KC noted that while delays in the court system does impose a heavy strain on sexual assault victims, a reasoned debate grounded in facts was required.
He said: “That includes using relevant statistics in a proper fashion.
The Ministry of Justice has labelled the comments made by the senior barristers as ‘completely misleading’
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“Justice, as the secretary of state for justice should know, begins only when there is a charge to bring a criminal case to court – all forms of rape included.”
“The only accurate measure from a court perspective is the CPS [Crown Prosecution Service] measure of how many of its prosecutions fall away due to witness attrition and that remains, on average for the past year, around 8 per cent.
“To include figures relating to allegations brought to police does not assist in this debate and may lead to erroneous conclusions.”
The Ministry of Justice has labelled the comments made by the senior barristers as “completely misleading”.
The department affirmed that Mr Lammy “has been clear that justice delayed is justice denied, and it is unacceptable that 60 per cent of victims who report rape drop out of the criminal justice system”
It added: “Court delays are a crucial factor in discouraging people from seeking justice at all stages – this is attested to by victims and victims’ groups.
“Our crucial reforms will put victims first, creating a fairer system that offers vital support to victims of rape and sexual violence, cuts the court backlog and gives brave survivors of crime the swifter justice they deserve.”
Up to 60 Labour MPs, including former deputy leader Angela Rayner, have criticised Mr Lammy’s reforms.