Barriers to justice

Most lawyers working in my field will agree that there have always been delays in the system but since Covid they has reached quite extraordinary levels.

I am often instructed very shortly after a death or serious injury. In most cases there is an ongoing police investigation and/or Coronial process. In order for us to advise victims of the prospects of their case succeeding, we have to look at the police evidence (statements from witnesses, forensic collision investigation reports or CCTV evidence, etc.). The wait for such evidence is now longer than it has ever been in my 27 years of practice. In those cases where a decision is made not to prosecute, it should be a straightforward process to obtain the evidence, but we often have to wait months after the conclusion of the investigation for that evidence.

This is not a criticism of the police admin teams – they are, in my experience, conscientious people who are overworked and under-resourced, trying their absolute best in trying circumstances. I’m particularly in awe of the thousands of Family Liaison Officers (FLOs) up and down the country who support and advise families and ultimately help to achieve justice.

The Court system is no less affected. If a case goes to a criminal trial, there are areas of the country where the wait is almost beyond belief. I am currently acting for a seriously injured young woman whose crash occurred in September 2022. She has been told that the trial of the driver who hit her will take place in May 2026, nearly four years later. Whichever way that trial ends, it is likely to be some months before we are able to obtain the evidence from the police or Crown Prosecution Service (CPS).