Martin Partington: Spotlight on the Justice System

Keeping the English Legal System under review

Transforming the English Legal System

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September 2016 saw the publication of an extremely important Consultation Paper, which sets out ideas on how the courts and tribunals system in England and Wales should be reformed.

Its proposals are based on three principles, that the reformed system should be proportionate, accessible and just.

The Paper states:

To deliver a system that is proportionate and tailored for the complexity and
seriousness of individual cases, [the Government is] taking a consistent approach across jurisdictions [i.e., criminal, administrative, family and civil], including:
i. More use of case officers for routine tasks: Judges spend too much of their time
dealing with uncontroversial, routine or straightforward matters which could just as
effectively be dealt with by court staff under judicial authorisation. Where it is
appropriate, specially trained staff will be able to carry out some of this work to
help justice move faster.
ii. More decisions made “on the papers”: Where a case is relatively straightforward or
routine, representations will be made online in writing for a judge to consider
outside of a traditional court room, without the need for a physical hearing,
meaning a more convenient experience for everyone involved.
iii. More virtual hearings: Where a judge needs to listen to the parties make their
arguments, it will be possible in many cases to hold the hearings over telephone or
video conference, without the need for the parties to travel to a court building.
There will still be an important place for physical court hearings for criminal trials
and other serious or complex cases, but where they are appropriate, virtual
hearings offer an easy and convenient alternative for everybody.
iv. More cases resolved out of court: In appropriate cases, we will encourage parties
to settle their disputes themselves, without the intervention of the courts.
The Government wants to make legal processes more accessible and easier for to use, with many  services moving online – for example:
i. Putting probate applications online: Dealing with probate affairs can be difficult and
complicated at a time when people are often coping with bereavement. We are
digitising the probate system to allow the entire process to be managed online,
from application to resolution, making it an easier and faster process when cases
are uncontested.
ii. Managing divorce online: Work has already begun to allow divorce applications to
be made and managed online, removing some of the bureaucracy from often
stressful and lengthy proceedings and simplifying cumbersome administrative
processes.
iii. Digitising applications for Lasting Powers of Attorney: Allowing people to make
arrangements for a time in the future when they may not be able to make
decisions by themselves is a helpful but often emotionally stressful process.
Applications have been partially digitised since 2014, resulting in fewer application
forms being returned because of errors. We will build on this by making the system
fully digital to deliver a quicker service.
Across the board, the Government wants to simplify forms and make processes more
straightforward so they are easier for everyone to understand. Many of these changes are designed to bring the justice system up to date for the modern world and take advantage of advances in technology to provide a faster,more accessible service for users of the courts and tribunals.
It is important, however, any unintended effects of this technology are taken into account to make sure that the system remains just. Thus the Government intends to:
i. Provide a system that works for everyone: Digital and online processes are easy
and efficient for many people, but the justice system must also work for people
who do not or cannot access services online. We must provide an alternative route
of access for every service that moves online. ..
ii. Continue to ensure open justice: It is a core principle of our justice system that
justice is open. “It is not merely of some importance, but of fundamental
importance that justice should not only be done, but should be manifestly and
undoubtedly seen to be done,” as Lord Chief Justice Hewart said in 1924. The
principle of open justice will be upheld and the public will still be able to see and
hear real-time hearings, whilst we continue to protect the privacy of the vulnerable.
Most of these changes build on initiatives that are already underway. What is important about this new Consultation Paper is that it is being jointly promoted by the Lord Chancellor, the Lord Chief Justice and the Senior President of Tribunals.
I set out in separate blog items the sections of the Paper on each of the different parts of the justice system.
The paper is not open for consultation for long. To read the paper and find the questions to which the government is seeking answers go to https://consult.justice.gov.uk/digital-communications/transforming-our-courts-and-tribunals
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Written by lwtmp

October 5, 2016 at 9:31 am

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