This Nudge Was Not Enough: a Randomised Trial of Text Message Reminders of Court Dates to Victims and Witnesses

Jonathan R Cumberbatch,Geoffrey C Barnes

doi:10.1007/s41887-018-0024-4

Jonathan R Cumberbatch, Geoffrey C Barnes

Open Access

https://doi.org/10.1007/s41887-018-0024-4

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Abstract

Research QuestionDo text messages to mobile phones of victims and witnesses two or three days before they are scheduled to appear in court reduce their non-appearance rates in minor criminal cases?DataA sample of 811 victims and witnesses sent a postal notice to attend a specific magistrates’ court in Staffordshire on a specific date. Cambridge Crime Harm Index value of the criminal charges, court appearance and trial outcome data were collected in all cases.MethodsA text message reminder was randomly assigned to be sent to 405 treatment cases 2–3 days before the court trial date. Treatment as delivered comprised 84% of the treatment group.FindingsThe base rate of victims and witnesses not attending magistrates’ trials prior to the RCT was 26%. The non-attendance rate during the RCT was 22% in the control group and 24% in the treatment group (p = 0.444). A 14% higher guilty rate for trials attended by the treatment group (58%) than the control group (51%) was marginally significant (p = 0.052). No treatment-control differences in attendance were found when moderated by crime type or Crime Harm Index score.ConclusionA text message in isolation did not significantly affect victim and witness attendance at criminal cases in the three magistrates’ courts. However, it does show that texting is a reliable, quick and cheap method of communicating with witnesses.

Highlights

Random assignment had created two intent-to-treat groups, which were well balanced on age, gender, ethnicity, geographic location and victim/witness ratio (Fig. 3) (Cumberbatch 2017)
Of the 16%, 26 witnesses were formally de-warned at the request of the Crown Prosecution Service (CPS) due to them no longer being required at the trial, trial adjournment for re-scheduling or trial withdrawal
A further two witnesses informed the police at the last moment with their refusal to attend the court. This left 38 messages that were not sent out of the 405 in the treatment group, which was due to oversight or caseworkers

Summary

Introduction

Witness attendance at court is a long-standing problem, the responsibility for which in England is primarily police led. Abstract Research Question Do text messages to mobile phones of victims and witnesses two or three days before they are scheduled to appear in court reduce their non-appearance rates in minor criminal cases?

Results

Conclusion