A new national service will give adult survivors of rape and sexual violence access to free, specialist and independent legal advice during the criminal justice process.
The Independent Legal Advice (ILA) service – the first national service of its kind in England and Wales – is expected to launch in early 2027.
It will be led by Centre for Women’s Justice (CWJ), working in partnership with Rape Crisis England & Wales and Victim Support, and funded by the Ministry of Justice.
But what exactly is an Independent Legal Adviser, and how will the service help survivors?
What is an Independent Legal Adviser?
Independent Legal Advisers are specialist lawyers who can advise survivors about their legal rights within the criminal justice process.
The new service is currently recruiting qualified solicitors and barristers to undertake this work, alongside paralegals who will support the legal team.
This is different from the role of an Independent Sexual Violence Adviser (ISVA). An ISVA provides specialist practical and emotional support, advocacy and information to survivors navigating the criminal justice process. An ILA is legally qualified and can provide specialist legal advice about a survivor’s rights.
The two roles are therefore different, but potentially complementary.
Why is independent legal advice needed?
When someone is accused of rape, they are entitled to legal advice and, if a case reaches court, legal representation.
The position for the survivor is very different. A criminal prosecution is brought by the state, rather than by the survivor themselves, so the survivor is treated as a witness in the proceedings.
That means survivors have historically had very limited access to independent legal advice about their own rights during an investigation.
Yet there can be points during the criminal justice process when complex questions arise about those rights.
For example, a survivor may be asked to provide extensive personal information such as medical, counselling or education records. They may disagree with a decision not to proceed with their case, or have concerns about the way an investigation has been conducted.
Navigating these issues without independent legal expertise can be extremely difficult, particularly alongside the impact of trauma.
What will an ILA be able to help with?
The new service is designed to give survivors clear, independent legal advice at key stages of the criminal justice process.
This could include advice relating to:
Requests for personal information or records
Survivors can sometimes be asked for significant amounts of personal data during an investigation. An ILA can help a survivor understand their rights and whether requests for information are necessary and proportionate.
Victims’ Right to Review
Where a decision is made not to prosecute or proceed with a case, an ILA may be able to advise a survivor about their rights and options, including the Victims’ Right to Review process.
Concerns about a police investigation
An ILA can provide specialist legal advice where aspects of an investigation may have fallen below expected standards.
More broadly, the service is intended to help survivors understand their options, make informed decisions and exercise their rights throughout the criminal justice process.
Importantly, the adviser will be independent of both the police and the Crown Prosecution Service.
Will an ILA represent a survivor in court?
No.
The new service will provide independent legal advice, but it will not provide survivors with legal representation at a criminal trial.
Its purpose is instead to protect and uphold survivors’ rights during key stages of the criminal justice process, particularly during the investigation and pre-trial period.
Who will be able to use the service?
Current information from Rape Crisis England & Wales states that the national service will be available across England and Wales to survivors who:
- are aged 18 or over; and
- have reported rape or assault by penetration to the police.
The service will be available to both women and men.
Full details about eligibility, how referrals will work and exactly when the service will become available have not yet been announced.
Why is this significant?
The national service builds on an Independent Legal Advice model developed by Centre for Women’s Justice in 2019 and subsequently adapted for a London-wide pilot delivered with Women and Girls Network.
An evaluation of that pilot highlighted the value of combining specialist legal expertise with a trauma-informed approach.
For survivors, having access to someone who understands both the law and the particular challenges faced by people reporting sexual violence has the potential to make an important difference.
A survivor should not have to become an expert in criminal justice procedure in order to understand or exercise their rights.
The introduction of free, specialist and independent legal advice is therefore an important development in helping survivors to understand their choices and have greater confidence in navigating the criminal justice system.
When will the service start?
The Independent Legal Advice service is expected to launch in early 2027.
Referral routes, full eligibility information and launch timings are still being developed and will be announced in due course.
We will share further information about accessing the service when it becomes available.