News & Views

Leading on from my thoughts on justice for the accused, I have endeavoured to put down my thoughts on the incredibly complicated matter of justice for survivors. I have always said that The City is a unique community, and while it is not responsible for the laws of the land, it can leverage its influence to create a more just society. I would be grateful for your thoughts.

The topic of justice for survivors is especially emotive, with crime leaving so many victims in its wake. Nonetheless, I think we all seek to live in a world where survivors receive justice - but what exactly does that mean?

Our news feeds are strewn with daily reminders of growing levels of violence. There are those that make headlines, like the heartbreaking Southport murders, and those that almost seem to be dehumanised in a raft of statistics, like the swell of violence against women, which is at such a level as to have been described as a ‘national emergency’ by the National Police Chiefs’ Council.

This is compounded by what appears to be cries for help from all directions, as our proud and sophisticated, internationally respected judicial system heaves under the strain of bottlenecks at various different junctures. For example, last year The Guardian reported that "more than 180 alleged rape victims have faced more than two years of delays since case first went to court". In some cases this is as long as five years according to an article in the Financial Times.

The challenges of logistics aside, it all ultimately leads to both greater suffering and the appearance of a system that's becoming ineffectual.

When it comes to crime, the law largely exists to provide a framework for expected behaviours and a deterrent against unwanted ones, as well as to give protocols for the pursuit of justice after a crime has been committed. One also hopes that the system seeks to do this in a way that comforts survivors where possible, minimises further anguish through the necessities of the legal process, and hopefully offers some absolution.

The law at its best can also help prevent further crime from happening. However, this is a space in which the wider community, particularly those in positions of economic power, such as businesses within The City, can help.

The City's contribution to justice

As individuals we are limited in our influence, but I have long believed in the power of community. I am particularly passionate about the importance of family as a building block for society and protection against crime. I also believe communities can come together to move the dial, even if it's only by an inch, because if we all do a little, much can be achieved.

The City of London is a unique community, with influence both locally and nationally. In my professional life the knowledge that the actions I take have an impact on individuals and their lives across the country has been a powerful motivator. What we do within our financial institutions has an impact on someone who is saving for a well-earned retirement, a holiday, a new car, or to manage the rising costs of living. I have always believed the City is here to serve the nation.

That influence also imbues us all with responsibility. With its specific shape and community of businesses, the City is able to play a part in driving justice for survivors of crime. For example, In 2010, I created and chaired what is now the Rathbones Stewardship Committee, which has engaged in issues including modern-day slavery and seeks to put investor power behind key ESG issues, including transparent supply chains.

The issue of modern slavery and human trafficking is a persistent concern. In a report, Rathbones wrote: "Fifty million people are trapped in what’s known as 'modern slavery’. This includes 28 million in forced labour and 22 million in forced marriages, according to the International Labour Organization (ILO), a United Nations agency."

While Section 54 of the 2015 Modern Slavery Act made it necessary for companies to publish a statement to ensure modern slavery isn't within their supply chain, with insufficient enforcement powers within the Home Office, the onus is on businesses to be proactive.

Rathbones writes: "Investors have a crucial role in stepping into this vacuum of enforcement. First we enjoyed some success in doing this on our own. But since 2020 Rathbones has organised an investor coalition to challenge FTSE 350 companies that have failed to abide by s54."

This coalition was called ‘Votes Against Slavery’ and is renewed each year with new companies on its target list. It "calls on members to use their strongest power of censure if companies don’t comply with s54: the stewardship tactic of voting against the annual report and accounts. If these are rejected, the board is legally obliged to make changes and put forward a new report for a fresh vote."

I believe that using the architecture of the City to help minimise and prevent injustice is one of the most powerful ways we can contribute to society, not just ethically, but economically as well, not to mention taking pressure off the justice system to better handle those circumstances that have already occurred.

There are other initiatives as well that quietly but effectively exert pressure on the system to do better. For example, The Financial Action Task Force (FATF) leads global action to tackle money laundering, terrorist and proliferation financing. Their research into how money is laundered and terrorism is funded promotes global standards to mitigate the risks, and assesses whether countries are taking effective action.

Part of their work includes reporting financial information to help identify human trafficking for sexual exploitation or forced labour. There are further proposals for additional filters to be applied in a similar way to fines for failures around data compliance.

The fines around modern day slavery are minimal compared to those around data compliance, and while it's important to protect data, it's even more important to protect people in my opinion. It may be that it's easier to track data than supply chains, but in this day and age it strikes me that we can do better. The fine regime ought to be at least equivalent to that relating to data, but to the best of my knowledge there isn't a corresponding multiplier to the one used in data compliance. These are just examples - I think there are more economic angles that could be levied in this space.

How the third sector is addressing judicial complexity

I have also been privileged to meet and engage with a number of people who are doing an excellent job of working with survivors in different, and often complex spaces, through charitable organisations. Amongst them are the Howard League, which is the oldest penal reform organisation in the world; Justice and Care, who are committed to ending modern slavery; and Hope for Justice, who help victims and survivors of modern slavery globally. What’s apparent through their tireless work is not only the scale of the problem relating to modern day slavery in particular, but also how the definition of a ‘survivor’ isn’t always straightforward or even necessarily that sympathetic.

A friend of mine, David Westlake, is the CEO of the International Justice Mission. I recently attended one of their events, where they brought home the real scope of what modern day slavery can mean. We often think of it in the context of sweatshops or sex workers, but they were telling stories of call centres in South East Asia where workers were pressured into honey trapping vulnerable elderly men on the phone to extract money. There is something about that uninvited preying on victims by invading the sanctity of their home that's particularly unpleasant, and of course exposes victims both in the context of the workers in that factory as well as those at the end of the deceit.

Meanwhile, The Howard League recently made a successful application for a child trafficking victim’s conviction to be appealed. A boy who pleaded guilty to charges while a victim of child trafficking could have his conviction overturned after the Criminal Cases Review Commission (CCRC). Having explained to his solicitor when he was arrested that he had been coerced into committing drug offences, it raised police concerns that he was involved in ‘county lines’ criminal exploitation. However, having not been given appropriate legal advice, he assumed he had no defence and made an unequivocal guilty plea in the youth court resulting in an 18-month detention and training order. Having contacted the Howard League legal team while in prison, his case is now under review.

Andrea Coomber KC (Hon.), Chief Executive of the Howard League for Penal Reform, said: “If this decision by the CCRC leads to an acquittal, it will address a terrible miscarriage of justice. It will also help a young man to move on with his life without being held back by a criminal record".

While convicting people of crimes that are detrimental to society is essential, it is important to convict the correct people and to identify where individuals have been victims themselves. This is the complexity of society and we can only be grateful for the work of institutions like the Howard League, who give a voice to those who don't have one.

A space in which we can do better

Ultimately, when we talk about the survivors of injustice, it's a complex area. Yes, it's about the obvious victims of crime, but it can also be about those caught up in it. While that isn't an argument for a lack of accountability, it is an argument for focusing on what we want to achieve from our justice system.

I have written before about our prisons, the number of prisoners held on remand, and the challenges that poses. It does not serve society not to hand down justice, but it also does not serve to get it wrong. Our methods must be underpinned by human compassion, and while punishment is an inevitable necessity, our goal must be prevention, protection, and rehabilitation wherever humanly possible.

The City cannot be held responsible for all of that, but I do think it can play an essential part - and a greater part than it currently is - in improving the status quo. That’s an incredible opportunity and indeed a great honour to have.