Rape victims are waiting too long for court cases, say top lawyers

Campaigners urge overhaul of system for prioritising hearings as less serious crimes move ahead in queue

- Lizzie Dearden

Changes must be made to the way court cases are prioritised, barristers and victims' advocates have said, with some trials already being scheduled into 2028.

The existing system means judges must schedule trials for defendants who are held in custody within six months of arrest, regardless of the severity of their alleged offence, while those on bail have no set time limit. This means victims of serious crimes including rape face years-long waits for trials, while less serious crimes are bumped ahead in the queue.

Mary Prior KC, chair of the Criminal Bar Association, said the system was formed before the problem of backlogs. "If someone is supplying drugs but is in custody, that case will take priority over a case where someone is a victim of fraud or rape and the perpetrator is on bail," she told the Observer.

There is a record backlog of court cases in the UK. About 73,000 trials were unheard at the end of September, according to Ministry of Justice figures. In November, the chief inspector of the Crown Prosecution Service and Serious Fraud Office, Anthony Rogers, said the backlog of cases in crown courts in England and Wales could hit 100,000 unless radical action was taken.