Martin Partington: Spotlight on the Justice System

Keeping the English Legal System under review

Archive for the ‘chapter 7’ Category

Children Across the Justice Systems

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This was the title of an extremely important and interesting lecture, given by Sir James Munby, President of the Family Court, to the Howard League for Penal Reform at the end of October 2017

What, it might be asked, was our leading family judge doing talking to those whose interest is in the criminal justice system?

Sir James used his lecture as an opportunity to argue for a new approach to the treatment of young people who come into contact with the criminal justice and penal systems. He sets out with admirable clarity what he sees as the main problems with  current arrangements, including:  the very complex set of institutions with which the young offender may come into contact; the huge variety of government departments – both central and local – charged with developing and delivering policy in relation to young offender; and the inconsistency of approach of different agencies towards how young offenders and their families should be dealt with.

Sir James argues that, in this context, family justice and criminal justice should be brought together. Specifically, he argues that the role of the Family Drug and Alcohol Court should be expanded to enable it to take on cases which are currently dealt with in the Youth Court.

He recognizes that such a development would represent a big policy change and could not come into being in the short-term. He therefore also proposes interim measures that might go someway towards meeting the objective he has outlined.

So far as I am aware,the Government is not currently contemplating such a major change, but I think Sir James offers ideas that should be carefully considered.

The lecture is available at https://www.judiciary.gov.uk/wp-content/uploads/2017/10/speech-pfd-children-across-the-justice-systems.pdf

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Written by lwtmp

November 8, 2017 at 12:47 pm

Transforming our Justice System: Transformation – Courts and Tribunals 2022

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Despite the loss of the Prisons and Courts Bill 2017 at the General Election, held in June 2017, work on the Transforming our Justice System programme continues apace. (For those aspects of the reforms which need legislation, a replacement bill is expected shortly.)

Keeping up to date with the progress that has been made is hard, as most of the changes do not hit the headlines in the media. (About the only issue which has been subject to any public discussion has been criticism from the Bar about a pilot trialling the use of courts for longer periods during the day. The criticism focussed almost entirely on the inconvenience this would cause to barristers – no mention of the possibility that the public might prefer court hearings outside the traditional 10-4 Monday-Friday time frame.)

Specific developments can be noted by keeping an eye on Press Releases from the Ministry of Justice. A recent example is the announcement of the opening of the first two Courts and Tribunals Service Centres in Birmingham and Stoke on Trent

See https://www.gov.uk/government/news/first-courts-tribunals-service-centres-launched

A more rolling source of news can be found in the extremely interesting blog relating to the transformation programme – now called Transformation: Courts and Tribunals 2022. This provides news about the new services that are being developed for modernising the courts and tribunals system, both giving  accounts of what is currently on going and also what is planned.

The link to the blog is at https://insidehmcts.blog.gov.uk/category/transformation-courts-and-tribunals-2022/

It is possible to sign up to an email notification service so that you are told when a new blog entry is published.

 

 

Reviewing the Legal Aid, Sentencing and Punishment of Offenders Act 2012

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In 2008, the then Labour Government announced its support for  the concept of post-legislative scrutiny of legislation. It stated that “the basis for a new process for post-legislative scrutiny should be for the Commons committees themselves, on the basis of a Memorandum on appropriate Acts submitted by the relevant Government department, and published as a Command paper, to decide whether to conduct further post-legislative scrutiny of the Act in question.”

The Ministry of Justice has just (October 30 2017) published a post-legislative memorandum on the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO), which it has sent to the Justice Select Committee. While much of the document seeks to explore the extent to which Government objectives in introducing the legislation have or have not been met, it also draws together a number of important other reports which have commented more critically on the effect of LASPO. These include, for example, the reports of the Low Commission,  and the Bach Commission’s report on a Right to Justice (both noted in this blog). It also refers to other reports, e.g. from the National Audit Office, and the Equality and Human Rights Commission, and reports from a number of other Parliamentary Committees. It also notes how the Government has responded to a number of legal challenges that were made to LASPO. The response of the Justice Committee is not yet known.

Whether or not the Committee pursues its own post-legislative scrutiny, it is important to note that, in the memorandum, the Government confirms that in the course of the coming months it will undertake two more analytical reviews of aspects of LASPO, relating to,

  1. the changes to the Legal Aid scheme, and
  2. the changes to rules on the funding of litigation.

This will provide an opportunity for critics of LASPO to make their arguments and might lead to further thought being given to the ideas set out in the Low  and Bach Commissions’ reports.

It will also provide the opportunity to reflect on the changes resulting from Lord Justice Jackson’s review of Costs and his 2017 Supplementary Report (also noted in this blog).

The text of the memorandum is at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/655971/LASPO-Act-2012-post-legislative-memorandum.pdf

 

 

Written by lwtmp

October 31, 2017 at 11:35 am

Transforming the Justice System: the Prisons and Courts Bill 2017

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Enromous changes to the ways in which courts – both criminal and civil – and tribunals operate have already been foreshadowed in a number of policy documents published during 2016. Parts 2 to 4 of the Prisons and Courts Bill contain provisions that will give statutory authority to the changes that have been proposed.

The headline provisions may be set out as follows:

Part 2 creates new procedures in civil, family, tribunal and criminal matters.

It makes changes to court procedures in the Crown Court and magistrates’ courts to make processes and case management more efficient.

It allows some offenders charged with summary-only, non-imprisonable offences to be convicted and given standard penalties using a new online procedure.

It extends the use of live audio and video links, and ‘virtual’ hearings where no parties are present in the court room but attend by telephone or video conferencing facilities.

It makes provision which will apply across the civil, criminal and tribunal jurisdictions to ensure public participation in proceedings which are heard virtually (by the streaming of hearings), including the creation of new criminal offences to guard against abuse, for example by recording such stramed hearings.

It creates a new online procedure rules committee that will be able to create new online procedure rules in relation to the civil, tribunal and family jurisdictions.

It bans cross-examination of vulnerable witnesses  – in particular those who have been the subject of domestic abuse – in certain family cases.

It confers the power to make procedure rules for employment tribunals and the Employment Appeal Tribunal on the Tribunal Procedure Committee and extends the membership of the Committee to include an employment law practitioner and judge or non-legal member.

 

Part 3 contains measures relating to the organisation and functions of courts and tribunals.

It extends the role of court and tribunal staff authorised to exercise judicial functions giving the relevant procedure rules committees the power to authorise functions in their respective jurisdictions.

It abolishes local justice areas, enabling magistrates to be appointed on a national basis, not just to a specific local justice area.

It replaces statutory declarations with statements of truth in certain traffic and air quality enforcement proceedings.

It makes reforms to the arrangements for the composition of employment tribunals and the Employment Appeal Tribunal.

It enables the High Court to make attachment of earnings orders for the recovery of money due under a judgment debt, as far as practicable, on the same basis as in the County Court.

Part 4 contains measures relating to the judiciary and the Judicial Appointments Commission.

It enables more flexible deployment of judges by enabling them to sit in different jurisdictions.

It brings the arrangements for the remuneration of judges and members of employment tribunals – currently undertaken by the Secretary of State for Employment – under the remit of the Lord Chancellor.

It rationlises the roles of  judges in leadership positions who will support a reformed courts and tribunals system. (This includes provision to abolish the statutory post of Justice Clerk; this role will continue, but those qualified to be Clerks will also be able to undertake analogous work in other court/tribunal contexts.)

It  gives the Judicial Appointments Commission the power to carry out more work (not directly related to judicials appointments) on a cost-recovery basis.

Source, Explanatory Notes to the Prisons and Courts Bill 2017, available at https://www.publications.parliament.uk/pa/bills/cbill/2016-2017/0145/en/17145en02.htm

Keeping the reform of Family Justice under review – the work of the President of the Family Division

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A notable development in the programme of change currently happening in the Family Justice system is the very personal attention being given to the programme by Sir James Munby, the President of the Family Court. He publishes a regular series of newsletters, which he now calls ‘The View’, setting out progress both on matters of the reform of family law, and the processes of the courts.

He clearly supports the aims and objectives of the Norgrove recommendations for change and is anxious that practice and procedures are made more efficient. He is clearly concerned about the resources available to the Family Justice system, but does not think that more resources is the answer to all the problems of the system. He wants new approaches to be developed as well.

One particular development of which he has become a strong supporter is the notion of ‘problem-solving courts’. The theory is that many families that get caught up in the care system do so because there are aspects of life style – especially alcohol and substance abuse – which result in children coming to the attention of social service departments. The argument is that if you offer a programme of support for the parent(s) who are not coping well, to change their lives, this could result in few children being brought within the case system – with all the cost that this entails.

Some years ago, Judge Nicholas Crichton established a new type of court – the Family Drug and Addiction Court (FDAC) – which sought to put these ideas into practice.

In 2015, a FDAC National Unit was created, which seeks to promote the development of these courts in different parts of the country. In its first year it had helped more than 15 such courts to come into existence.

Sir James Munby is extremely impressed with their work and a powerful advocate for their further development.

To read Sir James Munby’s newsletters/Views go to https://www.judiciary.gov.uk/publications/view-from-presidents-chambers/

To read more about the FDAC Unit go to http://fdac.org.uk/

 

Written by lwtmp

November 9, 2016 at 3:08 pm

Transforming the English Legal System: Family Justice

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The Consultation Paper, Transforming our Justice System, has little to say on further reforms to the Family Justice system.

It has been undergoing radical change over the last few years, following publication of the report by David Norgrove and the creation of the single family court. The Government clearly wants work in progress to continue.

Progress with these reforms is kept under active review by the President of the Family Division, Sir James Munby, who now issues regular newsletters on developments – the latest is the subject of a separate blog item.

Written by lwtmp

October 5, 2016 at 5:13 pm

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

Written by lwtmp

October 5, 2016 at 9:31 am