Archive for the ‘Chapter 11’ Category
I have recently published a new article on how the English Legal system has changed in the 15 years since the first edition of my book appeared in 2000. I also reflect on the changes that are likely to occur in the near future.
In summary I argue that, in this period, reform to the ELS system has occurred in 2 phases: the first during the Labour administrations led by Tony Blair and Gordon Brown; the second during the Coalition and Conservative administrations led by David Cameron.
In Phase 1, there was a great deal of institutional change: creation of the Ministry of Justice, creation of the Supreme Court and the reshaping of the tribunals and courts systems.
In Phase 2, the emphasis has been on cutting public expenditure. This has had a notable impact on reductions in the scope and funding of legal aid. Significant increases in the fees charged for taking cases to court have also been imposed.
I note that many lawyers are very unhappy with the effects of public expenditure cuts on the English Legal System. I argue, however, that such cuts could have positive outcomes if those involved in the legal system ask serious questions about whether the current way of doing things is as efficient as it could be.
In particular, I suggest that much could be done by:
• the imaginative use of Information and Communication technologies;
• making a much greater commitment to customer service in the courts and tribunals service;
• challenging the view that the county court should remain as a ‘generalist’ court, and proposing that the civil justice system should comprise more specialist courts;
• possibly making the use of ADR compulsory and part of the court system;
• thinking about the judicial function and asking whether all cases need to be dealt with in the same way;
• thinking about new sources of funding for bringing cases, and noting the development of private dispute resolution channels that offer the public free services;
• improving competition in the legal services market;
• promoting public legal education.
I also suggest that more work must be done on increasing equality of opportunity in the legal profession and the judiciary, and developing judicial careers.
I conclude by noting that whether or not these specific developments occur, the world into which those starting their legal studies will enter in a few years’ time is a rapidly changing one, and one in which there will be enormous opportunities for those energy and an interest in innovation.
The full text is available at https://martinpartington.com/transforming-the-english-legal-system-recent-changes-and-future-prospects/
The Equality and Human Rights Commission is the body given the statutory mandate to challenge discrimination, and to protect and promote human rights. As it states on its website:
“We live in a country with a long history of upholding people’s rights, valuing diversity and challenging intolerance. The EHRC seeks to maintain and strengthen this heritage while identifying and tackling areas where there is still unfair discrimination or where human rights are not being respected.”
To get a clearer idea about how the Commission goes about its work, I have been talking to Nony Ardill, a Senior Lawyer with the Commission. She provides a fascinating account of the ways in which the Commission works with other agencies to fulfill its (very challenging) mandate.
To hear the podcast, go to http://global.oup.com/uk/orc/law/els/partington14_15/student/podcasts/NonyArdill.mp3
To read more about the work of the Commission, go to http://www.equalityhumanrights.com/
Not exactly like the OJ Simpson trial in the US, but a very small next step has been taken in giving the media direct access to proceedings in Court. From 5 October 2013, five courtrooms at the Royal Courts of Justice – which houses the Court of Appeal – have been wired to allow broadcasting to take place.
Cases will not be shown in full. Rather, the broadcasters – BBC, Sky, ITV and Press Association – will be able to film proceedings from only one court room on any given day. They will agree which courtroom and will inform the judiciary the day before.
They will be able to show the footage for the purpose of news reporting only – i.e. not streamed live. All costs associated with filming within the Court of Appeal have been met by the broadcasters involved.
Advocates’ arguments, and the judges’ summing up, decision and (in criminal cases) sentencing remarks may be filmed.
Victims, witnesses and defendants will not be filmed.
In general I welcome this modest development. I do hope that when further decisions about broadcasting proceedings are taken, consideration will be given to alternative procedures, like tribunals or other forms of alternative dispute resolution, which the ordinary citizen is far more likely to encounter in real life.
Further information is at https://www.gov.uk/government/news/landmark-day-for-justice-television-broadcasting-in-courts-goes-live
Broadcasting of some court proceedings has moved a step forward, following approval of plans to allow filming of the legal arguments and the final judgments in criminal and civil cases in the Court of Appeal.
Subject to the approval of the House of Lords, the Government hopes that this will start at the end of October 2013.
The government plans to permit filming to allow the broadcast of sentencing remarks in the Crown Court. However victims, witnesses, offenders and jurors will continue to be protected, and will not be part of broadcasts. The date for the launch of this has not yet been announced.
This will, of course, supplement the broadcasting of cases in the Supreme Court which is already available.
I always thought that one of the important aspects of the National Curriculum was the introduction of citizenship education. When done well, it teaches young people to understand, challenge and engage with the main pillars of our democracy: politics, the economy and the law. It has also led to some quite brilliant and inspiring project work. Citizenship education is central to how young people can be given the confidence to engage and navigate the law and legal processes.
However, the Department for Education is now conducting a review of the National Curriculum and has issued a consultation document for public comment. Of most interest are the proposals for citizenship education in key stages 3 and 4.
The proposed new curriculum removes the explicit reference to ‘political, legal and human rights, and the responsibilities of citizens’, present in the current curriculum leaving only a vaguer reference to the ‘precious liberties of the citizens of the United Kingdom’.
Other references to ‘influencing decisions affecting communities…’ and ‘strategies for dealing with disagreement and conflict’ have also been removed; although there is now an explicit reference to the ‘importance of personal budgeting, money management and a range of financial products and services’.
The consultation closes on April 16 2013, so if you are moved to comment you’ll need to act fast. You can get further information from the Citizenship Foundation, who have provided a handy critique and guide to proposed changes.
In addition, campaign group Democratic Life has an online response form that you can use. It is pre-filled with thoughts about the citizenship curriculum, which you can leave in or edit as you see fit. It is sent automatically to the Department for Education’s consultation team, and a copy is sent to you.
One development, not adequately publicised, is the creation of an increasing number of short YouTube videos on different aspects of the justice system. Produced by the Ministry of Justice they provide introductions to many aspects of the justice systems, including information about a number of tribunals where those appearing will struggle to get legal representation.
To browse the videos, go to http://www.youtube.com/user/MinistryofJusticeUK/videos?view=1&flow=grid
In the book I argue that it is hard to encourage rational debate on sentencing policy. Discussion tends to be hi-jacked by shrill comments from politicians and the press.
To encourage better public understanding of sentencing and its actual application in particular cases, the Ministry of Justice created an interactive website – You be the Judge – which invites you to be the judge. The scope of the website has been expanded to include new offences.
From 30 November 2012, cases of murder, manslaughter, drug dealing and teen crime were added to the website You be the Judge.
To try you hand at sentencing go to http://ybtj.justice.gov.uk/