Archive for the ‘Chapter 11’ Category
Going digital – piloting video hearings
The Transforming our Justice System reform programme has flagged the possibility of much more use of digital technology in the processing and handling of disputes. Following the announcement at the beginning of February 2018 that it is now possible to start divorce proceedings on-line (see this blog for 2 Feb 2018), we now have a new announcement about how cases might be heard using new technologies
This development, announced on 15 February 2018, concerns the piloting of video hearings in the Tax Tribunal. This initiative will be rolled out in a measured way, with potential participants being asked whether they would like their cases to be dealt with on-line.
It seems that the Tax Tribunal has been chosen for this experiment as it is presumed that many tax cases turn on rather complex points of law, rather than major disputes on questions of fact which might require the presence of parties in the same room.
This new announcement builds on another pilot, which ran in the autumn of 2017 in which a number of case management hearings in the Immigration and Asylum Chamber were dealt with through video hearings. The results of these seem to have been very positive and demonstrate that such issues can be dealt with more efficiently on-line without compromising standards of justice.
HMCTS do seem to be taking a measured approach to these developments, wanting to bring all those involved – judges, practitioners and litigants – with them, to ensure that these developments do meet user needs.
Further announcements will emerge in the months ahead.
To read more about the video Tax Hearing pilot, see https://www.gov.uk/government/news/video-hearing-pilot-launched.
For the HMCTS blog on these developments go to https://insidehmcts.blog.gov.uk/2018/02/15/video-hearings-can-make-a-difference-for-court-and-tribunal-users/
Transforming the legal system – work in progress
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/
Work of the Equality and Human Rights Commission: podcast with Nony Ardill
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/
Filming in the Court of Appeal
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 court proceedings
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.
See https://www.gov.uk/government/news/one-step-closer-to-court-broadcasting
Citizenship education in the National Curriculum – implications of the current consultation
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.
See http://www.citizenshipfoundation.org.uk/main/news.php?n1056
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.
Providing information about the legal system
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
You be the judge:what sentences would you impose?
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/
Defending civil liberty and human rights; getting the balance right
In the book, I observe how difficult it is for governments to get the balance right when it comes to questions of civil liberty and human rights. The Coalition Government’s Protection of Freedoms Act was born of a belief that the previous Labour government had got the balance wrong.
But the Coalition Government itself is struggling with this issue with two measures that are currently causing great concern in the civil liberty/human rights arena.
The first is the Justice and Security Bill 2012. The issue that has drawn the fire of human rights groups is the proposed introduction of what is called the ‘Closed Material Procedure’ which would allow, in certain civil cases being hear in courts, evidence about the work of UK Intelligence services to be heard behind closed doors.
The battlelines are clear and have been hard fought in the press and in Parliament. The Government argues that this is a practical way of admitting certain evidence to a hearing behind closed doors which it would not be in the public interest to disclose publicly; opponents argue equally strongly that this is an attack on the principle of openness and transparency in judicial proceedings that should be resisted at all costs.
The second is the Draft Data Communications Bill which is currently the subject of pre-legislative scrutiny. The Government argues that the arrival of new forms of communication has resulted in the police and security services facing new challenges when it comes to keeping tabs on those suspected of serious criminal activity, who need new powers to deal with these challenges.
Opponents argue that this is simply a ‘snoopers charter’ that will seriously undermine the right to personal privacy.
These are both live measures that make clear how important the Parliamentary process is in ensuring that arguments for and against such measures are properly debated. The final outcome of both measures is as yet far from certain, but given the importance of the role of law in balancing the interests of the state against the rights of the individual, they provide excellent illustrations of the problem of balance.
What do you think? Has the Government got it right? or has it cone a step too far?
Protection of Freedoms Act 2012
This Act of Parliament deals with a somewhat miscellaneous series of matters, but ones which had caused political controversy, where it was argued (and the Coalition Government had accepted) that the balance between the rights of the individual and the interests of the State was not right. (It had indeed been preceded by the Identity Documents Act 2010, which abolished measures relating to the introduction of identity cards, introduced by the previous Labour administration.) Among the measures included in the 2012 Act are:
• reducing the maximum period of pre-charge detention (without trial) for terrorist suspects to 14 days;
• deleting the DNA samples and fingerprints of more than 1m innocent people from police databases;
• deleting the DNA samples and fingerprints of more than 1m innocent people from police databases;
• abolishing a law to permit trials without juries in serious fraud cases;
• ending the fingerprinting of children in schools without parental consent; and
• introduction of a code of practice for CCTV and Automatic Number Plate Recognition systems
For more detail of these and other provisions go to http://www.homeoffice.gov.uk/media-centre/news/protection-of-freedoms and follow the links.
Martin Partington: Introduction to the English Legal System 15th ed 2021
Oxford University Press Learning Link Resources
Martin Partington: Spotlight on the Justice System 