When the Criminal Justice System Ends Without an Ending: Why I'm Calling for National Reform

In September 2023, the criminal proceedings against my biological mother ended when she died on the morning her trial was due to begin. After years of investigations, delays and preparing to give evidence, I was left without a trial or verdict. What followed raised questions for me about how the criminal justice system responds when proceedings end in circumstances such as these.

As both a survivor and a Clinical Psychologist, I have since developed a policy proposal calling for a national, trauma-informed closure pathway for victims whose criminal proceedings end following a defendant's death.

In October 2026, I formally submitted this proposal to the Crown Prosecution Service, the Victims' Commissioner, the Ministry of Justice and parliamentarians.

My aim is straightforward: to ensure that victims are proactively offered an opportunity to understand what has happened to their case, ask questions and have their voices heard, rather than having to fight for that opportunity themselves.

Below is the executive briefing outlining the proposed reforms.

WHEN THE CRIMINAL JUSTICE SYSTEM ENDS WITHOUT AN ENDING

A proposal for a national, trauma-informed closure pathway when criminal proceedings end following a defendant's death

Dr Emily Haythornthwaite

Survivor | Clinical Psychologist | Advocate for Criminal Justice Reform

October 2026

THE POLICY GAP

When a defendant dies before or during their criminal trial, criminal proceedings cannot continue. For victims and survivors, however, the psychological and emotional consequences of those proceedings do not simply disappear.

There does not appear to be a dedicated, comprehensive and nationally consistent pathway addressing the particular circumstances in which proceedings end following a defendant's death.

Consequently, important questions remain about whether affected victims are routinely offered opportunities to speak with prosecutors, understand the legal position, have their experiences acknowledged and access appropriate ongoing support.

WHY CHANGE IS NEEDED

In September 2023, criminal proceedings against my biological mother, who had been charged with seven offences relating to the sexual and physical abuse I experienced during childhood, ended when she died by suicide on the morning her trial was due to begin.

After years of investigations, delays and preparing to give evidence, I was left without a trial, judicial determination or clear process through which to seek answers. It was only after months of correspondence and repeated requests that I finally received a formal explanation and an opportunity to meet with CPS representatives.

That meeting allowed me to ask questions, understand the legal position and read my Victim Impact Statement aloud. It could not replace the trial, but it was profoundly meaningful.

Survivors should not have to fight for opportunities to understand what has happened to their case or to have their voices heard.

THE PROPOSED NATIONAL CLOSURE PATHWAY

This proposal seeks to build upon existing Crown Prosecution Service responsibilities by establishing five national minimum standards:

1. A defined national case-closure pathway

Clear and consistent responsibilities for communication, support and follow-up when proceedings end following a defendant's death.

2. An automatic offer of a closure conversation

Every affected victim should be proactively offered an opportunity to speak with an appropriately informed CPS representative, with the choice to accept, decline or defer.

3. Clear and accessible legal explanations

Timely information explaining why proceedings cannot continue, what can and cannot be concluded about the case, and relevant prosecution decisions where legally appropriate.

4. Trauma-informed support and continuity of care

Meaningful choices about communication and engagement, consideration of ongoing support needs and coordinated arrangements between relevant agencies.

5. National monitoring, accountability and learning

Mechanisms to evaluate whether minimum standards are consistently implemented across CPS Areas, informed by feedback from victims and survivors.

REQUEST FOR NATIONAL ACTION

I am requesting that the CPS, in collaboration with relevant criminal justice policymakers:

• Clarify and review existing national guidance and operational arrangements for cases ending following a defendant's death.

• Consider developing a dedicated, trauma-informed national closure pathway incorporating the five minimum standards.

• Involve survivors in the development, implementation and evaluation of any proposed reforms.

The purpose is not to guarantee psychological closure or seek a finding of guilt where a trial has not taken place. It is to ensure that the ending of criminal proceedings does not unnecessarily result in the loss of information, opportunities to be heard or appropriate support.

When a defendant dies, the legal case may end, but the story doesn’t for survivors.