Victims of serious crimes including rape and attempted murder have criticised the “disgraceful” cost of transcripts of their own trials, as a major campaign to open up the justice system is launched.
London’s Victims Commissioner Claire Waxman is spearheading a reform agenda to ensure records of court cases are made freely available and the words of judges are preserved and published.
Victims in crown court cases say they have been shut out of the justice process by being wrongly told they cannot listen to the evidence in their trials.
They are then quoted “extortionate” fees – some running to tens of thousands of pounds – for transcripts in order to understand how the case unfolded.
Ms Waxman is calling for changes to the Victims and Prisoners Bill to make transcripts free to victims, as well as routine recording of magistrates court proceedings for the first time.
She says reforms – including wider use of videolinks and improved advice to victims on their rights – would restore trust in the justice system.
“Open Justice is a fundamental principle in our criminal justice system, and yet justice is often not open to victims”, she said. “They continue to be treated as bystanders in the justice system, and this must urgently change.”
Rowan Hull is currently battling for justice on behalf of her daughter, who has been left traumatised as the complainant in a rape trial that ended in acquittal.
She is challenging the way her daughter was cross-examined during two gruelling days in the witness box, but has been told it would cost £22,000 to obtain a transcript of the case.
“I think it’s disgraceful that anyone has to pay such huge amounts for court transcripts”, she said.
“It means that justice is not open and transparent as few people have the financial resources to do so.”
Calling the cost “unbelievable”, she believes a transcript is key to a challenge to the way the three-week trial unfolded.
“My daughter remains traumatised by her two days on the witness stand where she was character assassinated by the defence barrister with no interference from the prosecution barrister or the judge”, she said.
Juliana Terlizzi, who was instrumental in bringing a rapist to justice after alleged failings by the Metropolitan Police, says she was quoted thousands of pounds for a transcript of her trial.
“When you have undergone trauma, your memory goes blank, and I can barely remember what was said throughout the trial”, she said. “My psychologist then suggested that getting the trial transcripts would help me move on. I was shocked to find out I'd have to pay over £7,000 to get them and knew straight away I couldn't afford that.
“One year and nine months later I am still struggling with PTSD, to the point where it's hard to leave my house on my own and it feels like I'm being denied the right to move on.”
Rape complainant Violet told the Evening Standard she was “dismayed” after being quoted £2,000 for a transcript of her evidence and the summing up – a part of the case which is often pre-written by the judge. She wants help understanding how the four defendants were ultimately cleared, but says she effectively faces a “paywall”. “The entirety of my sexual violence trial hinged around me - the victim and key witness”, she said.
“There are five weeks of material that debate me, critically engage with my body, my words, my experience and I cannot access them without being wealthy enough to afford my court transcripts.”
She said automatic free access to the judge’s summing up in the case would help her to understand how the defence cases were advanced. “These remarks could answer important and unanswered questions”, she said, adding that she is “mystified as to what happened” after five years in the criminal justice system. “The financial barrier to accessing these answers is a traumatic reality to live in”, she said.
Violet said she was advised by police it would be “unwise” for her to attend court for the summing up herself, while it was “impossible” to listen to the defence case without coming face-to-face with the men she accused of rape.
Ms Waxman is calling for law changes to ensure Crown Court sentencing remarks and the judge’s summing-up are made available for free to victims, while Crown Court sentencing remarks are published as a matter of routine.
She wants an update to the Victims Code to make clear that victims have the right to attend trials after giving evidence and be present during sentencing hearings, as well as wider use of videolinks for victims to watch court proceedings. She says juries should also be told about the rights of complainants to be at the trials.
Ms Terlizzi's MP, Sarah Olney, is backing the campaign and has tabled an amendment in Parliament that would make transcriptions free for victims.
"Justice should not have a price tag. Yet currently victims like Juliana are being denied access to justice if they cannot afford to pay eye-watering fees", she said.
"As most victims do not attend trial, a transcript of court proceedings is essential to provide clarity on how the verdict was reached and to aid victims’ recovery. It beggars belief that some victims are being charged thousands of pounds just to read what was said during a trial that impacts them so profoundly."
The Ministry of Justice said transcripts of sentencing remarks should cost between £40 - 60, while relatives of victims of murder, manslaughter, or fatal dangerous driving can currently access them, or an audio recording, for free.
“The Government has quadrupled funding for victim services since 2010 and our new legislation will improve the information and support victims receive at every stage of the justice system", a spokesperson said.
“Judges may use their discretion to provide a full or partial transcription to victims. However, as court proceedings are not routinely transcribed, the transcription fee covers the considerable costs that come with writing up the audio recording of potentially weeks’ worth of hearings.”
