Archive for November 2018
Innovation and the use of technology in the provision of legal services
The Legal Services Board has just (November 2018) published its latest detailed picture of levels of innovation and use of technology in legal services in England and Wales.
This report looks at the attitudes of legal services providers, sets out the benefits from innovation and considers the perceptions of the main enablers, including the impact of regulation. The headline findings are:
- the legal sector makes use of a variety of technologies but the use of services such as Blockchain or predictive analytics are, as yet, rare
- overall levels of service innovation are unchanged since the first wave of the research three years ago
- ABS, newer providers and larger providers have higher levels of service innovation.
Although putting a positive spin on the outcomes of the survey, I cannot help thinking that the LSB may actually be rather disappointed at the outcomes of the survey – given all the talk that there has been about the importance of innovation and new technologies.
My impression is that change is happening, but that it will much longer for the full benefits claimed for the use of new technologies to be realised in practice.
You can read the full report at https://www.legalservicesboard.org.uk/news_publications/LSB_News/PDF/2018/20181128_Innovation_Driven_By_Competition_And_Less_Hindered_By_Regulation.html
Reforming referendums: how can their use and conduct be improved?
This report, published in July 2018, provides a valuable analysis of the use of referendums, suggesting ways in which their use could be better structured
This week’s turbulent political events represent the fallout from a referendum where the consequences of a ‘change vote’ were unclear. This is just one of many concerns raised about recent UK referendums. To reflect on such problems and consider possible solutions, the Constitution Unit established the Independent Commission on Referendums. Here Jess Sargeant and Alan Renwick summarise the Commission’s conclusions and recommendations.
The Independent Commission on Referendums has published its final report today. This sets out almost 70 conclusions and recommendations, all agreed unanimously by the 12 distinguished Commissioners, who span the major divides in recent referendums. The report is the product of eight months of discussion and deliberation amongst the Commissioners, backed by comprehensive Constitution Unit research into referendums in the UK and other democracies. The Commission has also consulted widely with experts and the public, including seminars in each of the four constituent countries of the…
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The Victims Strategy – 2018
In September 2018, the Government published its cross-government Victims Strategy. It sets out a criminal justice system wide response to improving the support offered to victims of crime and incorporates actions from all criminal justice agencies, including the police, CPS and courts.
It is divided into 5 key sections
- overarching commitments. These include:
- Strengthening the Victims’ Code, and consulting on the detail of victim focused legislation, including strengthening the powers of the Victims’ Commissioner, and delivering a Victims’ Law.
- Holding agencies to account for compliance with the Victims’ Code through improved reporting, monitoring and transparency.
- Developing the detail on the role of the Independent Public Advocate for bereaved families who have lost loved ones in extraordinary and tragic events.
- Abolishing the rule which denied compensation for some victims who lived with their attacker prior to 1979 and consulting on further changes to the Criminal Injuries Compensation Scheme.
- improving support for all victims of crime, whether or not they report the crime. This includes commitments to:
- Increase spending from £31 million in 2018 to £39 million in 2020/21 to improve services and pathways for survivors and victims of sexual violence and abuse who seek support to and from Sexual Assault Referral Centres.
- Develop a new delivery model for victim support services, coordinating funding across government.
- Expand and extend support available to families bereaved by homicide, including bringing in new funding for advocacy support for families bereaved by domestic homicide.
- Spend £8 million on interventions to ensure support is available to children who witness domestic abuse.
- Pilot the ‘Child House’ model in London, whereby multiple services are brought together in a child-friendly environment to minimise additional trauma.
- improving victim support after a crime has been reported. This includes commitments to:
- Introduce improved police training, including new guidance on conducting interviews and collecting evidence, and a trial of body worn cameras to take Victim Personal Statements.
- Increase the number of Registered Intermediaries, communication experts helping vulnerable victims and witnesses give their best evidence at police interview and at court, by 25%.
- Increase opportunities for victims to engage in alternative solutions to court.
- Improve overall victim communication, including when explaining decisions not to prosecute and on the right to review Crown Prosecution Service decisions.
- better support for victims during the court process. This includes commitments to:
- Improve the court environment, with new victim-friendly waiting areas and a new court design guide focussing on accessibility for the most vulnerable.
- Free up court time in the magistrates’ court by dealing with crimes with no identifiable victim (e.g. fare evasion) outside court hearings.
- Continue to use video links to allow vulnerable victims to provide evidence away from the defendant and courtroom altogether.
- Encourage take up of pre-trial therapy by launching new guidance and a toolkit for prosecutors and therapists.
- making sure victims understand a court’s decision, the implications for them, and for the offender. This includes commitments to:
- Review and consider extending the Unduly Lenient Sentence scheme so victims and the public can have sentences reconsidered by the Court of Appeal.
- Reform the Victim Contact Scheme, making it easier to opt in, introducing more frequent communication, and greater use of digital contact methods.
- Improve Victim Liaison Officer training, especially in supporting victims during parole hearings and in making a Victim Personal Statement.
- Review and consider whether any improvements need to be made to entitlements for victims of mentally disordered offenders.
This is substantial agenda of what seem to me to be good ideas. Some of them can be implemented quickly. Others will take more time. What is therefore also needed is a committment to publish progress reports which show how these initiatives are developing throughout the country.
Source: Adapted from https://www.gov.uk/government/publications/victims-strategy/victims-strategy-html-version where the full text of the strategy statement can be found.
Review of the work of enforcement agents (bailiffs)
Legislative changes to the rules regulation the work of debt enforcement agents were introduced in 2014. They were the subject of an initial post-implementation review in 2015. The Government has announced (25 November 2018) a second post-implementation review to see what further changes may be needed to the regulatory framework.
The Government is interested in hearing from people who have been contacted by enforcement agents: enforcement agents, creditors, debt advisers, the judiciary and anybody else with experience of working with enforcement agents.
The Consultation runs until February 2019. For details see https://www.gov.uk/government/consultations/review-of-enforcement-agent-bailiff-reforms-call-for-evidence.
Creating a Sentencing Code: proposals from the Law Commission
Way back in May 2016 I noted the publication of a Consultation by the Law Commission on the creation of a single code of law on sentencing for criminal offences. Well, the outcome of that consultation is now published. It is a great law reform effort and one that deserves to be implemented at the earliest opportunity.
To remind readers, the current law is so complicated that judges frequently get their sentencing decisions wrong. As the Commission itself noted:
The current law of sentencing is inefficient and lacks transparency. The law is incredibly complex and difficult to understand even for experienced judges and lawyers.
It is spread across a huge number of statutes, and is frequently amended. Worse, amendments are brought into force at different times for different cases. The result of this is that there are multiple versions of the law that could apply to any given case.
This makes it difficult, if not impossible at times, for practitioners and the courts to understand what the present law of sentencing procedure actually is.
This leads to delays, costly appeals and unlawful sentences.
There is near unanimity from legal practitioners, judges and academic lawyers that the law in this area is in urgent need of reform.
A new Sentencing Code has three key benefits:
- it makes the law simpler and easier to use;
- it increases public confidence in the criminal justice system; and
- it increases the efficiency of the sentencing process.
The benefits claimed for the new code are that it would:
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help stop unlawful sentences by providing a single reference point for the law of sentencing, simplify many complex provisions and remove the need to refer to historic legislation;
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save up to £256 million over the next decade by avoiding unnecessary appeals and reducing delays in sentencing clogging up the court system;
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rewrite the law in modern language, improving public confidence and allowing non-lawyers to understand sentencing more easily;
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remove the unnecessary layers of historic legislation; and
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allow judges to use the modern sentencing powers for both current and historic cases, making cases simpler to deal with and ensuring justice is better served.
It is hoped that the Sentencing Code could be enacted as a Consolidation Bill which would take up far less Parliamentary time than a normal bill. Progress ought to be made on this during 2019, if the political will is there.
For further information see https://www.lawcom.gov.uk/project/sentencing-code/ which provides links to the Report and the Draft Code
Tribunal case workers – who they are and what they do
One aspect of the Tribunals Reform programme that has not had that much attention is the role of Tribunals Caseworkers (TCWs). The idea of tribunals employing caseworkers who could undertake some of the more routine work of the tribunals judiciary is one that has been around for some time. (Indeed it builds on the use of Registrars in other court contexts, who have long been part of the legal system.) But their use in tribunals is now becoming more widespread as HMCTS seeks to ensure that the tribunals work as cost effectively and as efficiently as possible – key objectives for the reform programme.
The first edition of Tribunals Journal 2018, that was published earlier this year, carries an interesting collection of short articles from a number of Caseworkers, working in different tribunals contexts – including, social security, employment, and special educational needs.
One feature of their descriptions of their work is the variety of things that they are asked to do. They also provide those undertaking the role with the opportunity to acquire new skils and to enhance their career opportunities within the Tribunals service.
See further https://www.judiciary.uk/wp-content/uploads/2013/07/tribunals-journal-edition1-2018-v2.pdf
What does the Criminal Cases Review Commission do?
It is hard to convey in print how the Criminal Cases Review Commission (CCRC) goes about its work. It has in recent months been trying to develop new ways of informing people – in particular prisoners – how it goes about its Review processes.
It has launched a YouTube channel which currently hosts two short films –
- “Not the end of the Road” directed at young prisoners;
- “Miscarriage of Justice – A survivor’s story” – a more general film aimed at informing prisoners and their families about how the CCRC work.
Links to both these films can be found on the CCRC’s website at https://ccrc.gov.uk/
Public Legal Education: the Solicitor General’s vision
In the past, the Attorney-General tried to promote the cause of Public Legal Education. This role seems now to have been delegated to the Solicitor-General.
In October 2018, the current post-holder, Robert Buckland MP launched a new ‘vision’ to which he hoped interested organisations would sign up.
The Press Release stated:
The statement creates a shared vision for the PLE community to aspire to which will help drive forward legal education initiatives. The statement reveals 7 goals for where PLE might be in 10 years’ time.
The goals are:
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PLE will be supported by a robust evidence base, showing what the need is and what works best.
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PLE will be of high quality, maintained to ensure that it remains accurate and accessible and useful for the people who need it.
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PLE will be universal and reach across all demographics, prioritising children, young adults and vulnerable groups
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PLE will be scaled up through delivery by the legal community
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PLE will harness technology and be delivered through innovative methods, both on and offline
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PLE will be embeded into public services and government departments
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PLE will be understood as beneficial and utlised by other sectors
Whether much can be achieved without additional investment in the development of PLE must be a moot point, but I suppose that a statement such as this is better than nothing. The statement was launched at an event organised by the All Party Parliamentary Group on Public Legal Education and Pro Bono legal work.
See https://www.gov.uk/government/news/our-vision-for-legal-education
Martin Partington: Introduction to the English Legal System 15th ed 2021
Oxford University Press Learning Link Resources
Martin Partington: Spotlight on the Justice System 