Perpetrator needs prioritised over victims’ needs in antisocial behaviour court cases – new report

The court system routinely prioritises the needs of perpetrators of antisocial behaviour over the safety and wellbeing of victims, according to a new report from Sheffield Hallam University and ASB Help

Press contact: Emma Griffiths | e.griffiths@shu.ac.uk

The research examined the experiences of legal and frontline practitioners with firsthand experience of the antisocial behaviour court system.  

Just over 50% of respondents in the research felt that perpetrator needs are being prioritised over victims’ needs in court proceedings, with perpetrators’ vulnerabilities, capacity, and personal circumstances, being considered over victim’s needs.  

Whilst it is right that a perpetrator’s vulnerabilities, such as mental ill health, are taken into consideration, this should not hold more weight than the rights and possible vulnerabilities of the victim. 

The research also found that victims are experiencing ongoing and escalating harm due to court delays and adjournments, compounded by a lack of awareness in the court system of the impact on and experiences of victims.  

Dr Vicky Heap, who led the research from Sheffield Hallam University, said: “Anti-social behaviour practitioners offer vital insights into the workings of the criminal justice system.  

“This new research details important information about how court processes are not supporting the needs of victims of antisocial behaviour, a group that we already know suffers significant harm through their victimisation. Our work provides a platform for evidence-based policy reform to better support victims of antisocial behaviour to help them achieve the justice they deserve.” 

CEO of ASB Help, Harvinder Saimbhi, said: “Practitioners play a vital role in the mission to fight for the victims' voice to be heard throughout the criminal justice process. Yet too often, their ability to do so is constrained by systematic barriers, with these barriers leaving victims exposed to ongoing harm, undermining their confidence in the very institutions designed to protect them.   

“This report provides new evidence of these barriers. It offers a detailed picture of practitioner experiences within court proceedings and highlights the consequences for victims when the system falls short.  

“Our new report reveals more than just isolated frustrations, but rather the structural issues that should be taken seriously by policy makers and court services alike. It also reinforces what we have heard from victims for years - that they feel the current approach to ASB in court is not working for them, but against them.” 

The report has made key policy and practice recommendations to rebalance court processes to better meet victims’ needs, including training for judiciary and court staff on the persistent nature of antisocial behaviour victimisation, a mandatory requirement for victim statements to be read in court, and to introduce a new equality and proportionality assessment for antisocial behaviour cases. 

The full report is available to read on ASB Help’s website.