The Independent has uncovered a disturbing practice where victims of domestic abuse and sexual violence are being charged exorbitant fees, often reaching tens of thousands of pounds, to access court transcripts. Shockingly, victims claim they were wrongly advised by police officers, the Crown Prosecution Service, and barristers not to attend court proceedings, including their perpetrator’s sentencing.

This ill-advised counsel leaves victims without firsthand knowledge of the defence presented by their attackers, raising lingering questions about their cases that can only be addressed by obtaining costly court transcripts. Notably, this revelation comes to light through the experiences of David Challen, son of Sally Challen, who gained her freedom in a landmark case after enduring decades of psychological abuse. David expressed his struggle to move forward, hindered by the trauma of the case, as he faced substantial charges to access court transcripts.

Claire Waxman, London’s Victims Commissioner, disclosed that victims are often incorrectly warned that returning to court could harm their chances of justice, portraying them as “bitter” or “vindictive.” Many victims, vulnerable and relying on special measures during evidence, comply with this advice, skipping the trial and sentencing hearings. Subsequently, they are denied the option of watching the trial through a video link and are then charged significant amounts for obtaining court transcripts.

Waxman emphasised the urgent need for amendments to the Victims and Prisoners Bill, urging that victims should access transcripts of crown court hearings for free. She particularly emphasised the importance of free access to the judge’s sentencing remarks and called for all sentencing remarks to be made public. This, she believes, would help victims understand how verdicts were reached.

Highlighting a distressing case, Waxman referred to a rape victim who was quoted £35,000 for a transcript of her court case. Waxman’s call for change coincides with the upcoming revisit of the bill in the House of Lords on January 24.

David Challen expressed his frustration at being denied access to court transcripts without hefty payments, calling it a “denial of service to a victim of crime.” He shared his ongoing struggle with PTSD and the traumatic impact of being unable to obtain crucial documents for closure.

Claire Waxman, who has experienced stalking for almost two decades, revealed that she had never returned to court after giving evidence, following advice from law enforcement. Victims, she stressed, often find it challenging to recall court details due to the trauma, lack of support, and complex legal language. Charging victims exorbitant fees for court transcripts exacerbates their anguish and denies them justice, she added.

Refuge, a leading domestic abuse charity, echoed these concerns, emphasising that access to court transcripts should be free for survivors pursuing justice against their perpetrators. The charity called for Justice Secretary intervention to recognize survivors’ right to justice by enabling free access to transcripts.

In response, a spokesperson for the Crown Prosecution Service clarified that victims have the right to choose whether to attend the rest of a trial after giving evidence, and there is no CPS policy advising otherwise.