Martin Partington: Spotlight on the Justice System

Keeping the English Legal System under review

Transforming the English Legal System: Criminal Justice

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The Consultation Paper, Transforming our Legal System, states, in relation to the Criminal Justice system that, first, the criminal courts should be more flexible. This will be achieved by:
i. Aligning the criminal courts: Magistrates’ courts and the Crown Court deal with
different levels of criminal offence, but they must work better together to provide a
more efficient service. We are working with the judiciary on structural and
procedural changes that will give the senior judiciary clearer oversight of, and
flexibility to manage, judicial leadership in the criminal jurisdiction. This will enable
the Crown Court and magistrates’ courts to operate more closely together –
stronger leadership and alignment will improve court performance for everyone
involved. To support this, we will bring the structures of the courts closer by
reforming existing local justice areas and making it easier to transfer cases between
the Crown Court and Magistrates’ Court when appropriate – starting in the right
place will make the process simpler and easier for victims and defendants.
ii. Making it easier for vulnerable and intimidated witnesses (including victims) to give
evidence: We will roll out the use of pre-trial cross-examination in Crown Court
trials, allowing vulnerable and intimidated witnesses to pre-record their cross-
examination, meaning the witness does not always need to attend the trial itself. A
pilot found that this procedure meant witnesses gave evidence in half the time it
would take at trial. We believe that expanding this will reduce distress for victims
and witnesses and improve their overall experience of the justice system.
Second, the Government wants courts to do more to address offender behaviour. It is proposed that this should be done by:
i.Introducing problem solving courts: We are exploring the opportunities for problem
solving methods further with the judiciary and collecting the evidence base. We are
continuing to trial this approach in locations across the UK.
ii. Using out of court disposals: We will use out of court disposals in appropriate cases,
to help change offenders’ behaviour at the earliest possible opportunity– with swift
and certain consequences for offenders who do not comply with the conditions
attached.
Thirdly, the Government is seeking to improve process and technology for more efficient and digital justice. It plans to do this by
i. Streamlining process: We are making changes to the way cases progress through
the criminal courts, including removing unnecessary appearances in court (such as
first appearances in magistrates’ courts for cases which can only be tried in the
Crown Court), introducing a more efficient process to allocate cases to the Crown
Court or magistrates’ courts and allowing simple decisions to be made via a new
online system.

ii. Using technology to make processes more efficient: We will increase the use

of video link and telephone and video conferencing technology to make
hearings easier and more convenient for all, including victims and witnesses
and criminal justice system agencies. We will work with the police to hold bail
hearings by video link from police stations to reduce the need for some
offenders to be held in police cells overnight. In appropriate cases offenders
will be able to plead guilty, be convicted and sentenced all on the same day by
live video link from police stations.
iii. Introducing a new collaborative IT system: The Common Platform is already
being developed to provide a single case management IT system for use
throughout the Crown Court and magistrates’ courts. It will provide access to
case material and information to many agencies within the criminal justice
system as well as the defence, victims and witnesses. Many current paper and
court-based processes will be moved online, saving time and increasing
efficiency for all court users.
iv. Enabling online convictions and fixed fines: For certain routine, low-level
summary, non-imprisonable offences with no identifiable victim, we propose to
introduce a system which resolves cases entirely online. Defendants would log
on to an online system to see the evidence against them before entering a
plea. If they plead guilty, they can opt in to (and can always opt out of) the
online system which allows them to view the penalty, accept the conviction
and penalty, and pay their fine. Cases would be resolved immediately and
entirely online, without the involvement of a magistrate.

Many of these proposals build on initiatives already started. However, the suggestion for more problem solving courts is potentially quite innovative and could lead to significant change to the ways in which the criminal courts have historically operated.

See chapter 2: https://consult.justice.gov.uk/digital-communications/transforming-our-courts-and-tribunals/supporting_documents/consultationpaper.pdf

 

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Written by lwtmp

October 5, 2016 at 9:54 am

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