Martin Partington: Spotlight on the Justice System

Keeping the English Legal System under review

The treatment of, and outcomes for, Black, Asian and Minority Ethnic (BAME) individuals in the criminal justice system: the Lammy Review

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At the beginning of 2016, David Lammy MP was asked by the then Prime Minister David Cameron to review the workings of the criminal justice system, with the object of seeing whether the system worked fairly, in particular in relation to BAME individuals. (The review was noted in this blog in February 2016; its interim findings were noted here in November 2016)

The final report of the review was published in September 2017.

The bare statistics tell a familiar story. Thus the study found, for example:

  • the fact that BAME individuals are disproportionately represented in the criminal justice system costs the taxpayer at least £309 million each year;
  • the proportion of BAME young offenders in custody rose from 25% to 41% between 2006 and 2016, despite the overall number of young offenders falling to record lows;
  • the rate of Black defendants pleading not guilty in Crown Courts in England and Wales between 2006 and 2014 was 41%, compared to 31% of white defendants. (This means they lose the possibility of reduced sentences and it raises questions about their level of trust in the system.);
  • the BAME proportion of young people offending for the first time rose from 11% in 2006 to 19% a decade later;
  • there was an identical increase in the BAME proportion of young people reoffending over the same period.

Lammy looked at what happens in a number of other countries to see whether we could learn from experience elsewhere.

Two specific examples may be noted.

  1. Taking inspiration from youth justice in Germany, Lammy argues that rigorous assessments of a young offender’s maturity should inform sentencing decisions. Those judged to have low levels of maturity could also receive extended support from the youth justice system until they are 21.
  2. He also called for ‘Local Justice Panels’ to be established, taking inspiration from New Zealand’s Rangatahi courts, where local people with a direct stake in a young offender’s life are invited to contribute to their hearings. These panels would normally deal with first-time offenders given community sentences, include key figures such as teachers or social workers, and hold local services to account for a child’s rehabilitation.

Lammy made a number of innovative recommendations for judges, prosecutors and prisons.

For example, he proposed that a ‘deferred prosecution’ model  be rolled out, allowing low-level offenders to receive targeted rehabilitation before entering a plea. Those successfully completing rehabilitation programmes would see their charges dropped, while those who did not would still face criminal proceedings. (Such a scheme has already been piloted in the West Midlands, with violent offenders 35% less likely to reoffend. Victims were also more satisfied, feeling that intervention before submitting a plea was more likely to stop reoffending.)

He recommended that all sentencing remarks made by judges in the Crown Court should be published. He argued that this could help to make justice more transparent for victims, witnesses and offenders. It would also  start to address the ‘trust deficit’ between BAME individuals and the justice system, which Lammy argues  has contributed to Black and Asian men and Asian women being over 50% more likely than their White counterparts to enter a not guilty plea.

He also argues the UK should learn from the US system for ‘sealing’ criminal records, claiming ex-offenders should be able to apply to have their case heard by a judge or independent body, such as the Parole Board, where they could prove they have reformed. The judge would then decide whether to ‘seal’ the record, having considered factors such as time since the offence and evidence of rehabilitation. If the decision goes the applicant’s way, their record will still exist, but the individual would not need to disclose it and employers would not be able to access it. Lammy hoped this would help the people affected to become more employable.

Lammy accepts that there are other wider social issues that must be addressed as well; but he argues that the recommendations he makes could do much to build greater trust in the criminal justice system, reduce reoffending and improve outcomes for victims.

Whether or not these recommendations will lead to actual changes on the ground is too early to say. The fact that two Prime Ministers strongly supported the review might suggest that there would be some political impetus for follow-up. But, given other political priorities, I would not expect a rapid response from Ministers.

The Press Release, with links to the report can be found at https://www.gov.uk/government/news/lammy-publishes-historic-review

 

 

 

 

 

 

 

 

 

 

 

 

 

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Written by lwtmp

September 29, 2017 at 9:58 am

Administrative Justice in Wales and Comparative Perspectives

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September 23, 2017 at 11:22 am

New journal article published: Mapping current issues in administrative justice: austerity and the ‘more bureaucratic rationality’ approach

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September 19, 2017 at 9:24 am

Where do we need to go with research in administrative justice?

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September 18, 2017 at 9:57 am

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Queen’s Speech 2017 and the Parliamentary session: 2017-2019

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The  draft legislation relating to the exit of the UK from the European Union is going to be extremely complicated – both in terms of the technical content of the proposed measures, and in terms of the political controversies that the legislation will attract, arising from the fact that Mrs May is leading a minority Government in the House of Commons and that there is a great deal of opposition to Brexit in the House of Lords.

The Government has therefore decided that, exceptionally, the current Parliament should last for two years rather than more normal one. Thus the next Queens Speech, following that  delivered in June 2017, will not be made until May 2019.

In addition to the raft of measures required to deal with different aspect of Brexit, the 2017 speech contained annoucements about two measures that will have specific impact on the English legal system.

  1. “Legislation will  be introduced to modernise the courts system and to help reduce motor insurance premiums.” This will not actually be wholly new. The measures relating to court reform and insurance premiums were originally contained in the Prisons and Courts Bill 2017, which fell when the 2017 General Election was called. The revised version of the new Bill has not yet been published but may be anticipated in Autumn 2017.
  2. “To support victims, my government will take forward measures to introduce an independent public advocate, who will act for bereaved families after a public disaster and support them at public inquests.” This is a reform that has long been called for. The details of this measure are not yet available.The Queen’s speech may be read at https://www.gov.uk/government/speeches/queens-speech-2017

 

 

 

 

 

Regulation of Claims Management Companies: The Financial Guidance and Claims Bill 2017

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In March 2016, the Government announced that it planned to change the ways in which the regulation of Claims Management Companies is organised.

At present, this work is undertaken by a special unit within the Ministry of Justice. What is planned is that this work should be transferred to the Fincancial Conduct Authority – which has broad regulatory oversight of the financial services sector.

In the Financial Guidance and Claims Bill, which was published in June 2017, legislative proposals have been set out which – when the Bill is enacted – will achieve this objective. Clauses in the Bill will make amendments to the Financial Services and Market Act 2000 to enable the Financial Conduct Authority to regulate claims management company activity as a ‘regulated activity’ under the Act.

In addition, clauses in the Bill provide for the transfer of complaints-handling responsibility from the Legal Ombudsman to the Financial Ombudsman Service. This will allow the Financial Ombudsman Service to take over jurisdiction to investigate and determine consumer complaints about the service provided by the claims management companies.

The Financial Conduct Authority will also be given power to impose a cap on the fees that claims management companies can charge for their services.

These seem to me sensible reforms which should offer better protection to consumers who use Claims Management Companies and to protect companies against malpractice by those companies.

The Bill has started its progress through Parliament. I anticipated the measures will be enacted sometime in 2018, with implementation shortly thereafter.

The Bill can be viewed at https://publications.parliament.uk/pa/bills/lbill/2017-2019/0001/18001en03.htm

Recent annual reports on the work of the Claims Management Regulator can be found at https://www.gov.uk/government/collections/claims-management-regulator-annual-reports

 

 

 

Written by lwtmp

August 26, 2017 at 11:07 am

Keeping the administrative justice system under review

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When the first major step was taken in the creation of what we would today recognise as a modern administrative justice system – the passing of the Tribunals and Inquiries Act 1958 – the Government of the day decided to create a statutory body – the Council on Tribunals – to keep the work of tribunals under review.

It was a body whose influence waxed and waned over subsequent years, but its reports were influential, particularly in promoting the need for training of tribunal personnel, ensuring that procedures would enable unrepresented parties to have the chance to be heard.

The Leggatt Review of Tribunals (of which I was a member) started with the view that the time had come to abolish the Council – but during discussion, it changed its mind, not least because of the powerful advocacy of its then Chair, the late Lord Tony Newton. Leggatt ended up recommending retention of the body that came to be known as the Administrative Justice and Tribunals Council (AJTC).

In the so-called bonfire of the quangos launched by the Cameron-Clegg Coalition Government in 2010, the AJTC was once again back in the firing line. The truth is that civil servants had long wanted to get rid of a body which they felt added to their administrative burdens without offering much in return.

Notwithstanding the fact that in its final years, the AJTC did extremely valuable work looking at some of the principles and broad strategic issues affecting the administrative justice system, the axe finally fell on the AJTC in 2013.

This was not however the end of the story. An Administrative Justice Advisory Group was created in 2012. In 2013 it became the Administrative Justice Forum (AJF). It was given a specific remit to keep under review the strategic programme of work being undertaken with regard to the administrative justice system – in particular tribunals – work now being taken forward under the Transforming Our Justice System programme.

In March 2017, the Government published the final report of the AJF, summarising some of the issues on which the Ministry of Justice had been working since 2013. Although the work is still ongoing, the AJF has been shut down.

Interestingly, its functions have not entirely disappeared. Arrangements are being put in place (the full details are not yet finalised) for JUSTICE, the Human Rights Group that has been engaged in a major programme of work relating to aspects of the development of the justice system, to host a new advisory group which will continue to have input to the Ministry of Justice.

The key topics on which the AJF reported were, in fact, issues which the former AJTC had done much to promote – for example,

  • the importance of ensuring that practice and procedure take users of tribunals fully into account;
  • the importance of Government departments learning from the outcomes of tribunal decisions, particularly where the may indicate operational practices that may need changing;
  • the importance of enduring that there was no excessive delay in arranging and delivering decisions.

What the AJF did not do was consider broader questions about how different parts of the administrative justice system – tribunals, ombudsmen, complaints procedures – might interact more efficiently.

From my perspective what the latest development shows is that trying to keep a clear overview of the whole of the administrative justice landscape is a daunting prospect, particularly at a time when the bulk of civil service resources have to be devoted to the modernisation programme currently under way. This overview has to come from outside government, led by those who can take a holistic view and who are not locked into any specific aspect of the system.

For the final report of the Administrative Justice Forum see https://www.gov.uk/government/publications/administrative-justice-and-tribunals-final-progress-report

 

 

 

 

Written by lwtmp

July 10, 2017 at 11:19 am